Categories: Legal

Testifying in Court

Every police officer will have to testify in court someday. This is a very important aspect of their job, after collecting evidence, investigate the crime scene, Police Officers can be called to testify on the findings and what they have witness. Testifying in court may be able to be the most difficult and important task an officer faces in their career. The officer’s reputation is the single most important factor that will influence effectiveness in the courtroom. A sense of reasonableness and fair play should always be exhibited. An officer doesn’t just testify in criminal cases but they can testify in court when a ticket is writing. A professional image in the courtroom should be essential for an officer obtained and presenting themselves accordingly is important as well.The first step in this preparation is to realize that you may be called upon to testify on any official act you perform in your job as a security supervisor/manager. Preparation actually begins at the scene of a crime or when conducting the initial investigation. Officers should consider every call, complaint and investigation as possible material for a future court case. As a team, we prepare a document that can enhance and preparing an officer to testify in court. The followings are the guidelines that the officer can used to become effective while they are in the courtroom.

Before an officer cans testify in court, they should:
1. Dress for success- Dress for your court appearance with the same attention to detail you would in going before a promotion board.
2. Practice telling your story- Make an outline or notes of the history of violence by the defendant. You may take notes to court with you to look at if you forget something, but if you read from them, the judge may order that the defendant be allowed to see them.
3. Be punctual-Be on time. Know exactly what courtroom you are going into.
4. Review all aspects of the case before testifying- Make an outline or notes of the history of violence by the defendant. You may take notes to court with you to look at if you forget something, but if you read from them, the judge may order that the defendant be allowed to see them.

See also Chief Justice of Pakistan

Juror comments from post-trial interviews indicate the following behaviors weaken a witness’ credibility:
1. Defensive or evasive tone of voice
2. Appears ill at ease or nervous
3. Uses indirect eye contact
4. Looks to attorney for assistance during cross examination.

As the officer testifies, they should:
1. Listen carefully; think before you speak- take the time you need to fully understand the question and give the proper response.
2.Answers the questions being asked- don’t jump ahead, don’t anticipate, and just answer the question that is asked.
3. Speak a little louder and slower than you think is necessary- Do not use police “jargon.” Speak in everyday terms so that the judge and jury will know what is actually being said.
4. Be sincere and dignified- they should have a general attitude of confidence but not cockiness. Don’t hesitate to laugh at yourself or an unexpected occurrence, if appropriate. Avoid appearing frozen, calculated or completely devoid of emotion.
5. Remain calm and respectful- doesn’t lose your cool on the stand, no matter what kind of case, you lose all credibility with the jury.

The jury, as citizens, have authorized you to carry guns and granted you a power and use of force they do not permit themselves.The officers should have a general attitude of confidence and not cockiness. They should understand the importance of proper record keeping and always strive to develop a well-organized, standardized, and readable style for reports. This will help them clarify, organize, and remember particular points if the case goes to trial. Officers must acknowledge the battleground of the court as a technique to reduce testifying anxiety and maintain their professional credibility. The officer should avoid expressing opinions and conclusions excepted when these are specifically authorized by the rules of evidence and they should always review all aspects of the case before trial. By following these guidelines, an officer can become more effective in the courtroom. All officers should continue to fine-tune his or her skills to become a more effective witness in the courtroom. Testifying in court also gives victims and witnesses a sense of empowerment and a degree of personal satisfaction from helping to punish the person who committed the crime. However, as in fulfilling any responsibility, it involves some personal inconvenience.

References:
Retrieved on April 1, 2009 from: http://www.sandiego.gov/police/prevention/convict.shtml
Retrieved on April 1, 2009 from: http://www.thefreelibrary.com/A+Law+Enforcement+Officer’s+Guide+to+Testifying+in+Court-a0127633286
Retrieved on April 1, 2009 from: http://www.officer.com/web/online/Operations-and-Tactics/Winning-Courtroom-Confrontations/3$39496