Officer Testimony Guidelines

Officer Testimony: Objectives and Approach

• Credibility is paramount: Objective, complete, truthful, impartial, and unbiased testimony yields significantly more weight. Conversely, a perceived personal interest harms credibility. Focus on presenting facts without bias.
• Truthful and complete: Answer all questions, even if they seem to hurt the case. Avoiding truth or fudging answers is likely to be discovered, damaging credibility. Prioritize credibility over specific outcomes.
• Impartiality is key: Treat both prosecution and defense attorneys with the same respect and demeanor. Consistency in tone and body language (avoiding defensiveness or favoritism) is crucial.

Officer Testimony: Answering Questions

• Avoid evasiveness: Directly address unambiguous questions. Evasiveness signals an interest in the outcome, potentially harming credibility.
• Avoid volunteering information: Stick to answering only the questions asked. Unnecessary statements can be detrimental, suggesting an attempt to help the prosecution. Keep answers brief.
• Explain when necessary: If an explanation is needed to prevent misinterpretation, then seek permission to provide it. Use this if necessary for clarity.

Officer Testimony: Communication Styles

• Plain English is vital: Use simple, direct language instead of overly formal “police-speak.” Avoid jargon, unnecessary formality, and unfamiliar language that could alienate judges or juries.
• Relaxed and natural: A relaxed demeanor and conversational tone are beneficial. Avoid appearing cold, robotic, or lacking personality.

Officer Testimony: Answering Strategies

• Direct, objective, brief: These principles are critical for optimal communication.
• Avoid hearsay: Only report information from personal observation, not from secondhand accounts or other witnesses.
• Cautious use of "yes" or "no": Be cautious of these definitive answers, especially with complex situations.
• Formal names: Use full names instead of pronouns (he, she).
• Complete and explicit answers: Thoroughly answer all questions, offering all details for clarity.
• "I don't know/remember": Do not guess, and be able to say “I don’t know”. Being honest about uncertainty is better than inaccurate answers.
• Qualify/limit answers: Modify answers if necessary to limit the scope of the response to the facts that are known.

Tips for Testifying

• Formulate careful answers: Take your time to think thoroughly before responding.
• Avoid unnecessary details: Stick to the facts and avoid rambling explanations. Avoid being clever or witty
• Absolute honesty: Never lie, exaggerate, or guess.
• Maintain objectivity Minimize personal feelings or bias. Don't get swayed by other witnesses' testimonies or influence from attorneys.
• Resist suggestive questioning: Avoid letting attorneys lead you to answer in ways that aren't entirely accurate, or not aligned with truthful knowledge.
• Avoid derogatory language: Choose language, tone, and words that are appropriate and professional.