Testimony, Pre-Trial, and Court Preparation

Testimony

• Testimony is a form of evidence, encompassing witness information and answers given in court.
• Witnesses swear to the accuracy and truthfulness of their testimony.
• Testimony can be oral or written.
• It is meant to be factual statements, not opinions or assumptions, except for expert witnesses.
• Perjury, or giving false testimony under oath, carries severe penalties.
• Testimonials differ from legal testimony, as they are marketing affirmations, often opinions, and not made under oath.

Pre-Trial Meetings

• Pre-trial meetings with the prosecuting attorney are essential for building a case.
• Prosecutors outline the case, provide updates, identify witnesses, and ask clarifying questions during these meetings.

Court Preparation

• Thorough preparation is crucial for law enforcement officers before testifying.
• Review all case files, reports, and witness statements at least a week before the court appearance.
• Plan responses to potential questions from the defense attorney.
• Maintain command of the facts without memorizing verbatim, which can appear rehearsed.
• Request to review reports for accurate quotes or details during testimony.
• Review prior testimony transcripts to refresh memory and correct any inaccuracies, informing the prosecutor of any errors.
• Preparation checklist:
  • Obtain original report
  • Re-Read report
  • Review photos, tapes and statements
  • Examine Physical Evidence
  • Revisit the Scene if Possible
  • Make aids
  • Prepare Technical data
  • Take Best Evidence to Court
  • Review Cases several times
  • Meet with prosecutor to review case testimony
  • Mentally rehearse

Professional Demeanor

• Attention to detail is important for court appearance, mirroring preparation for a promotion board.
• Maintain neatness in attire and grooming.
• Minimize distracting items.
• Department policy dictates uniform or civilian clothing.
• Jurors may be distracted by armed officers in civilian clothing.
• Discuss firearm carry with the prosecutor beforehand.
• Avoid anger towards the defense attorney.
• Poise and self-control are valued by judges and jurors.
• Recognize that defense attorneys may provoke anger as a tactic.
• Avoid sarcasm and irritability.
• If you don't know, say so.
• Remain calm and respectful to maintain credibility with the jury.
• Jurors expect law enforcement officers to maintain composure under pressure, reflecting their ability to control situations on the streets.
• Jurors expect law enforcement officers to handle argumentative questions and attacks on character with strength, integrity, and dignity.

Testimony Tips

• Remain open and approachable to show that you have nothing to hide and are honest
• Speak clearly, slowly, and concisely in order to be easily understood by others.
• Clearly convey competence with your speech
• You need to be clear in your answers. Avoid long wordy answers.
• Be candid and sincere in your testimony
• Maintain a professional demeanor.
• Dress properly and in accordance with local court rules and department policy
• Keep sentences brief and relevant.
• Use a steady tone of voice
• Be sure to listen to the entire question before answering.
• If you don't understand the question ask the attorney to rephrase it.
• Show appropriate verbal and nonverbal communication
• Maintain dignity and decorum

Objective Testimony

• Objective, complete, truthful, impartial, and unbiased testimony enhances an officer’s credibility.
• Avoid appearing personally invested in the case outcome.
• Present facts without appearing disinterested or passive.
• Truthfulness is paramount, even if it harms the prosecution's case.
• Do not worry about the verdict; prioritize credibility.
• Treat the prosecutor and defense attorney impartially.
• Avoid defensiveness during cross-examination, maintaining consistent demeanor and tone.
• Correct misstatements from either attorney.
• Do not avoid answering unambiguous questions or appearing evasive because it hurts credibility with judge and jury
• Avoid volunteering unnecessary information that was not asked by the questioning attorney. Short and to the point is better.
• If an explanation is needed to avoid misunderstanding, seek permission from the court to provide it.
• Answer truthfully and then stop talking.

Plain English

• Avoid "police-speak" or overly formal language.
• Use simple and direct words.
• Relax and speak naturally.
• Directness
• Objectivity
• Be brief
• Do not report hearsay
• Be cautious of “yes” or “no” answers
• Use names not “he” or “she”
• Be explicit with answers
• Say “I don’t know” when you are not sure
• Say “I don’t know remember” when you’re not positive
• Qualify or limit answers while necessary

Testimony Tips

• Take your time to formulate answers
• Don’t volunteer information
• Don’t try to be clever or funny
• Don’t lie, exaggerate, and/or guess
• Don’t let personal feelings enter into your testimony
• Don’t be influenced by other witnesses
• Don’t let attorneys put words into your mouth
• Avoid terms that are derogatory
• Include all points; don’t omit the truth

Procedures and Hearings

• Officers may testify in criminal court, civil court, and other hearings.

Cross-Examination Tactics

• Defense attorneys may highlight discrepancies between testimony and reports.
• Acknowledge errors or omissions in reports without defensiveness.
• Explain the purpose of police reports as summaries of key details.
• Humility in admitting mistakes is better than cover-ups.
• If asked, provide factual explanation as to why the mistake occurred.
• There is nothing wrong with talking to prosecutors and other officers about a case, don't get defensive.
• Attorneys may ask slightly altered versions of the same question to elicit inconsistent answers.
• Give each question some thought and try to respond as directly as possible instead of giving the same rote answers
• Be alert to summaries of prior testimony, correcting any misstatements.

Cross-examination Tactics

• Offensive or rapid-fire questions
• Condescending counsel
• Friendly counsel
• Badgering or belligerent
• Discussions prior to trial
• Refusal to discuss with Defense Counsel
• Repetitive questions
• Voir Dire (preliminary examination of a witness or a juror by a judge or counsel)
• Advice on Constitutional Rights
• Multiple of compound questions
• Misquoting prior testimony
• Unreasonable demand for “yes” or “no” answers
• Trick questions
• Questioning of Officer’s authority
• Wrong Name, Wrong Rank
• Switching testimony
• Staring
• Endeavor to develop conflicting testimony
• Use of prior transcripts
• Deposition materials

Prosecutor/Peace Officer Relations

• Law enforcement relies on the interdependence and cooperation between peace officers and prosecutors.
• Prosecutors need law enforcement officers to find and speak with victims and witnesses in order to get the strongest evidence in a form that can be used to prove a defendant's guilt in court.
• Peace officers rely on the prosecutors to move the case through the system to a conclusion and to bring the arrestee to Justice
• Build a professional working relationship.