Briefings are a great start. Without question, appearance has a huge impact. However, this meeting can be a valuable learning experience for both the officer and the prosecutor. If you made a mistake, own up to it. Don’t forget this concept: If we get sloppy or lazy and miss something, the defense will capitalize on it and make it a huge issue. The word “document” is worth repeating here. At some point, every officer will get called to testify. In Florida, and probably in most states, the prosecutor calls in the lead detective or arresting officer in a case and discusses its merit prior to filing formal charges. It is your first step to having the advantage in court. Start your organization process early. We have a different attitude—we are the ones who risked our butts locking the bad guy up. He has spent the last 21 years of his career in Homicide. If necessary, take a copy of these laws up to the stand. Testifying in court is an inevitable part of the job for police officers. Being able to explain the reasons for your decisions will help the jury to see the case through your eyes and understand what was going on at the time you were making those decisions. When we enter the courtroom, however, we are no longer in charge. Before you testify, try to picture the scene, the objects there, the distances … If you have ever taken an open-book test without preparing for it, you may have found yourself scrambling for answers. There is no other way to describe it other than the dreaded word “study.” That might take you five minutes, if you were an assisting officer who saw your partner retrieve a gun from under the subject’s seat and it’s a concealed weapon charge. Do yourself and the prosecution a favor by making sure to review the deposition so you don’t make any unintentional missteps during trial. Next to federally mandated training, court might be at the bottom of most cops’ popularity list. Thoroughly investigating and documenting your incident is key. They are also formulating an opinion about you as a law enforcement officer and about your department. It will help them to see the importance of certain details they may otherwise miss. So, it is vital that you can explain why you did what you did. An officer with the Shannon (LA) Police Department is being lauded for helping set up "little libraries" for local kids to get access to books even during the COVID-19 pandemic. In major cases, usually a crime has occurred that has affected many lives. Prepare short training lessons on a specific topic and present them at briefing, inviting your teammates to fire questions at you in a form of cross-examination. Most, however, feel very uncomfortable with this aspect of their jobs. Just as you shouldn’t agree out of habit, you also shouldn’t argue with the defense attorney just because he represents the defendant. It doesn’t matter if the mistake is a typo in your report, relying on erroneous information, not following protocol, or making a judgment call that turned out to be wrong. They don’t see the terror and despair in the victims’ faces; they haven’t experienced the agony of a next-of-kin who has just lost a loved one to a vicious murder. This is true in much of the country now, so don’t forget that when you go in for your pre-trial conference. Again: document, document, document.[PAGEBREAK]. Don’t roll your eyes at stupid questions, even when you see the jury do it. Listen carefully to the question. Don’t chew gum. Sometimes, it may be difficult to verbalize your reasons because you rely on your instincts, but you must dig deep to find the words. They are not only making a judgment about the case you are testifying in. It is also a living museum of the crime that was committed. Defense attorneys have a sneaky way of walking off in the opposite direction of the jury when they ask you a question, so that you are likely to be looking away from the jurors when you answer it. Oh, how we hate the loathsome depo. Here in Florida, we still do, and we still have to provide discovery on just about everything we contribute to the investigation. Also available in French: Comment déposer devant les tribunaux. Lastly, don’t guess. Treat it as such. And chances are, you won’t remember any of the details about this case come trial time. This will start to build your knowledge of the case and help address any issues. Eric holds a Bachelor of Science in Criminal Justice, a Master of Public Administration, a graduate certificate in Police Management and a Juris Doctor. It is important to go over case reports and evidence to make sure all appropriate materials are provided to the defense. If you’re very experienced and your prosecutor is not (this has happened on a few occasions in our office), you’ll help the prosecutor come up with a winning strategy. The defense attorney will try to convince the jury that because of this one screw-up, we have probably neglected other things in the investigation, too. The best answer is, “I have no idea. Your character Invest a little time in getting up to speed on the case. When factual attacks are not working for the defense lawyer, they may attack your knowledge of laws, policies and procedures. How to Testify in Court. So, stand by the decisions you know were the right ones to make. Next to federally mandated training, court might be at the bottom of most cops’ popularity list. Evaluating Police Training Effectiveness, Abnormal Breathing Recognition for Law Enforcement, public speaking anxiety affects about 73% of the population, make sure all appropriate materials are provided to the defense. All this information will allow you to better prepare for court. If you work in uniform, ask yourself these questions: Do you keep copies of all your arrest paperwork, just in case you don’t have time to get it before you go to court? By admitting you made a mistake, you can take away much of his thunder while winning over the jury. A sound understanding of Miranda is essential for every criminal investigator. You might stop and ask, “Am I a cop or a file clerk?” But your diligence in putting together that case file and managing it so it is workable will pay huge dividends later. Good luck on your next trial. What makes our role in court so important? If you had prepared ahead of time, you probably found yourself breezing through the exam. If you tell the truth and tell it accurately, nobody can cross you up. Be consistent with your tone and show respect to both the prosecutor and defense attorney. If you feel strongly about the fact that the guy who swung a 2x4 at you needs to spend time in prison for it, then don’t give in when the prosecutor starts to hem and haw about this sentencing guideline and that, and about how it’s his first offense, and about how the jury might identify with him because of this or that. But fear of public speaking, lack of control over the court process and horror stories told by other officers may add to the stress of testifying. This will help them to trust you and understand where you were coming from at the time. This is an area where many inexperienced officers end up walking out of the building feeling like the prosecutor is either a) the enemy, or b) uncaring, c) stupid, or possibly all of the above. It might be obvious to some, but it will be repeated here: Be neat, be alert, well-rested, wear a uniform or a suit, and have a confident presence. Defense attorneys love to ask officers what their client was doing or thinking before the officer arrived on scene. “CSI: Miami,” “Cold Case,” “Law and Order,” and all the others, have consistently dominated the ratings. Explain to the jury why you got concerned when the suspect wouldn’t show his hands. You are the expert on the subject. When juries are listening to testimony, they are making judgments about who to believe. Meet with the Prosecutor Before Trial. The National Institute of Mental Health reports that public speaking anxiety affects about 73% of the population. Document every person who goes in and at what time. Prosecutors hardly ever go to crime scenes or arrest scenes like we do. An officer with the Alexandria (VA) Police Department is listed in fair and stable condition after exchanging gunfire with an assailant early Monday morning. If you are testifying for the first time and are extremely nervous, you can say that. This loss of control may feel uncomfortable. Public speaking confidence develops with practice, so look for opportunities. Be aware of … You should listen well. Horror stories from co-workers who experience a tough day on the witness stand, led all over the place by crafty defense counsel, may add to our pre-appearance anxiety, but they may also prepare us for what to expect. Interestingly, fear of public speaking is the most common phobia, ahead of death, spiders or heights. WHEN TESTIFYING Some suggestions to keep in mind as you prepare for your court appearance: (1) Always tell the truth. If he asks you something basic, like is the sky blue, and you disagree, then you appear unreasonable. Let’s give it a shot, right? If the case is high profile, add a gallery of interested persons and reporters, all hanging on our every word, every expression and even our appearance. Sometimes it’s all we’ve got and, again, we have the battle temperament that says, “Go for it!”. One stressful aspect of police work is testifying in court. First and foremost is that you will always have to do it, so you might as well make the best of it. Mr. Vukelic has written a text that will help guide a new, or seasoned police officer, through often-complicated process involving giving testimony or depositions. April 1, 2006 • by Ramesh Nyberg. They are your audience, and you are the storyteller. For example, if there is a question of how much to rope off, always go for bigger rather than smaller. If there is a bona fide weakness in the case, all you can do is minimize it and try to maximize the good stuff you have. Enhancing Hands-On Training with Online Learning, Did It Stick? Many police officers feel that having a pretrial meeting with the prosecutor is a waste of their time when the prosecutor can just read their report. This will prohibit the defense lawyer from dropping a bomb in the middle of trial. In the past, testifying has been a skill that was often learned by experience only. If the question is a compound question or not comprehensible, ask for clarification. Officers with the Brookhaven (IL) Police Department will now have the assistance of two mental health professionals when responding to calls involving persons in mental distress.
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