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Security Administration Viii 3 Testifying In Court
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Security Administration Viii 3 Testifying In Court

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Testifying In Court

Testifying In Court

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  • 1. Testifying in Court
  • 2. Overview • Grand Jury vs. Trial Jury • Expert vs. Regular Witnesses • Preparing for Court • Speaking/Acting with Confidence • Giving Your Testimony • Review
  • 3. Grand Jury vs. Trial Jury • Both examine the relevant evidence of a case • Grand juries decide whether to indict (bring formal charges against) a suspect. • Trial juries determine whether the defendant should be acquitted of the charges against him/her. • Grand jury is more closed and relaxed • Prosecution and defense attorneys go to trial
  • 4. Sequence of a Criminal Trial • Jury selection. • Opening statements by prosecution and defense. • Prosecution’s case presentation. • Defense’s case presentation. • Closing statements by prosecution and defense. • Instructions to jury. • Jury deliberation to reach verdict. • Reading of verdict. • Acquittal or passing of sentence.
  • 5. Expert vs. Regular Witnesses • Expertise • Provide Opinion • Qualified
  • 6. • They go on thinking that their legal instinct and their common sense supplies them with all that is needed and somewhat more . . .
  • 7. lawyers judges juries
  • 8. • Yes – if the average Juror (or Judge) does not have the necessary experience and knowledge
  • 9. • Training • Work Experience • Formal Education • Experience as an Expert • Passing a Standardized Test • Recognition by Academic Institution • Recognition by a Professional Organization
  • 10. Justice Blackmun explained that “absent an acceptable showing of such a nexus, evidence on the phases of the moon indicating that it was full on a certain night could not be received to show that a particular individual was behaving irrationally on that evening.”
  • 11. • How can we expect jurors to decide between experts when the jurors’ ignorance is the premise for allowing the expert to testify in the first place? •Learned Hand, 1901
  • 12. Preparing for Court • Begins at the scene • Take good notes • Review your report • Be confident • Be prepared to explain inconsistencies
  • 13. Case Presentation • Direct examination: the initial questions of a witness or defendant by the lawyer who is using the person’s testimony to further his or her case. • Cross-examination: Questioning by the opposing side for the purpose of assessing the validity of the testimony.
  • 14. Speaking/Acting with Confidence • Get/stay familiar with the court • Know the major players • Don’t discuss the case in public • Treat people with respect, be professional & polite • Don’t get personal • Be on time • Dress right
  • 15. Giving Your Testimony • To effectively testify in court: – Be prepared. – Look professional. – Act professionally. • Attempts will be made to discredit or impeach the testimony of the security officer in court.
  • 16. Inadmissible Statements • Opinion (unless qualified as an expert). • Hearsay. • Privileged communication. • Statements about character and reputation, including the defendant’s past criminal record.
  • 17. Effective Testimony • Speak clearly, firmly and with expression. • Answer questions directly. Do not volunteer information. • Pause briefly before answering. • Refer to your notes if you do not recall exact details. • Admit calmly when you do not know an answer. • Admit any mistakes you make is testifying. • Avoid jargon, sarcasm and humor. • Tell the complete truth as you know it.
  • 18. Using Notes • Refer to your notes if you are uncertain of specific facts, but do not rely on them excessively.
  • 19. Nonverbal Elements in Testimony • Important nonverbal elements include: – Dress. – Eye contact. – Posture. – Gestures. – Distance. – Mannerisms. – Rate of speech. – Tone of voice.
  • 20. Strategies for Testifying • Set yourself up. • Provoke the defense into giving you a chance to explain. • Be unconditional. • Do not stall.
  • 21. Cross-Examination by the Defense • The defense attorney may: – Be disarmingly friendly or intimidatingly rude. – Attack your credibility and impartiality. – Attack your investigative skill. – Attempt to force contradictions or inconsistencies. – Ask leading questions or deliberately misquote you. – Ask for a simple answer to a complex question. – Use rapid-fire questioning. – Use the silent treatment.
  • 22. Cross-Examination by the Defense • Avoid conclusions and nonresponsive answers. • Answer yes-or-no questions with “yes” or “no.”
  • 23. Review • What is important in testifying in court? • What is the usual sequence of a criminal trial? • What is direct examination? Cross- examination? • What kinds of statements are inadmissible in court? • How can one testify most effectively?
  • 24. Review • When should you use notes when testifying? • What nonverbal elements can influence courtroom testimony positively and negatively? • What strategies can make testifying in court more effective? • What defense attorney tactics should an officer anticipate?
  • 25. That’s all . . .

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