RESERVE-1-FINAL

So you’ve been through an academy, completed your training and now have some years in the field. Sooner or later, you’ll observe something or make an arrest, then write a report about it and eventually end up in court to defend your findings. All the training in the world won’t help you if you get on the stand and freeze-up or demonstrate your lack of skills. Since you don’t do this job full time, here are a few tips to help make a courtroom visit less intimidating.

It may sound simple, but dress for the occasion. As a general rule dark colors help to enhance your credibility. Whether or not you’re in uniform (which is also always a safe option), make sure you look clean-cut, fresh and professional. And ladies, keep the bangles and over-the-top makeup for the weekends. If you have “sleeve” tattoos down both arms, I recommend you wear long sleeved shirts or a suit. There are lots of reasons to do it, just think about it.

Know where you’re going and how to get to the front of the courtroom without hesitation. In most cases, at least two attorneys, a judge and a dozen jurors are carefully watching you.

When you’re sworn-in, speak up and maintain eye contact with the jury. When you’re seated, sit up straight, answer the attorneys’ questions with a “Yes” or “No,” and again maintain eye contact with the jury — they’re the people you’re talking to. Make sure you exhibit a command presence, speak loudly enough to be heard easily, speak positively and send the message you know what you are doing.

Listen to the questions closely, and don’t try to finish them in your mind. Make sure you fully understand each question before you give a response. If you don’t understand, ask for clarification. Wait a heartbeat or two in case the prosecution has an objection, then give a short and complete answer. Don’t make hand gestures or nod, as that usually leads to the court reporter or judge asking you to answer audibly. If your testimony is going well, don’t get complacent and lapse into normal street conversation. You are testifying in a court of law, not at a backyard barbeque. However, be conversational and personable: simply tell the story clearly, understandably, objectively and without embellishment.

Keep your answers short. If you’re asked a question with a “Yes” or “No” answer, simply give the appropriate one. Don’t offer further explanation unless asked. Don’t become combative or argumentative. If the attorney is trying to intimidate you — wait a few seconds, take a breath and then respond. Stay cool and in control.

Pay Attention

If you hear an objection, stop immediately, even in mid-word. There will be plenty of time for you to talk after the judge rules on the objection. Also, avoid any facial expressions or body language, which may present your opinion on the objection. There’s no place for eye rolling or shoulder shrugging on the stand.

Know what happened and articulate it. Don’t memorize what you’re going to say, simply follow a logical chain of events. If you appear to be reading from a script it will destroy your credibility. You should stay in some sequence when you testify as it assists in your presentation. In most cases, on cross-examination, your testimony will be dissected and discussed in minute detail.

If you can’t remember something, simply say so, and ask permission to refer to your notes or the report. But recognize any notes you use may be subpoenaed in a subsequent trial or appeal. This is not as positive as testifying from your expert memory, but is better than missing something. If you make a mistake, simply admit it. “I think the car was blue, not the green color I said before.” Better for you to correct yourself, than the other attorney finding the mistake and using it to convince the jury you’re not being truthful.

Patience

If the defense attorney presents you with a question you feel is in a gray area, ask for clarification before you answer. If the prosecutor is worth his salt he’ll catch it, object, and get a ruling before you have to proceed. You’ll realize later these pauses are perfect times to gather your thoughts and better prepare you for a great response.

Don’t look for coaching or clues when you testify. Refer to your personal memory of the events, the report, or your notes. Concentrate on answering the question the attorney just asked you — and be believable. Tell the absolute truth and be honest about what occurred. Be factual and don’t try to be humorous. Court is generally not the place for a good laugh. If you answer the question as if you were in the jury box and didn’t know the answer, you can’t go wrong. What would you need to know to understand what was going on if you were on the jury?

The more court time you have, the more confident you’ll become. Whether you’re in uniform or a suit and tie, the object is to be professional, maintain your demeanor and send the right message. Being a professional witness is just as important and rewarding as being a good street cop. Arresting a bad guy is only half the process — putting one away is the other half. You need excellent training and practice in both to be competent.

By Doug Sherman

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