Credibility: What you say and how you say it!
It's a fact of human nature that the veracity, the truthfulness of a statement, is assessed by not only listening to (or reading for that matter) words, but by evaluating the individual's non-verbal clues. These non-verbal clues include the person's appearance, such as the clothes he/she is wearing, and the person's demeanor, which includes their body language. If during the course of our duties we ask a suspect if he/she has any drugs in his/her possession, we watch very closely, even below the level of consciousness, how the person responds. A "no" by the person isn't accepted as fact! Even the United States Congress interviews witnesses in person, rather than reading written interrogatories. Physicians want to see the patient, rather than just reading the chart.
And jurors, since they are human beings, will judge your credibility, your believability, not just on what you say on the witness stand, or what you wrote in the report, but on your appearance and demeanor. You should strive to use this fact to enhance your credibility.
As the dictum goes, first impressions are lasting. Even before you have taken the stand, the jury is evaluating your credibility, your fairness, your professionalism. Here are some basic guidelines for appearing in court. Some may seem quite humorous, quite self-evident. But trust me, officers do these things!
I know that different jurisdictions have different policies regarding courtroom attire, particularly regarding duty uniforms. I certainly do not intend to conflict with your department's policy. Wear what your department says to wear.
Regardless, however, I suggest you think of appearing in court as appearing for a promotional interview. If you wouldn't wear something for the interview, then it's probably not a good idea to wear it in court. Generally, dress conservatively and be well-groomed. Avoid fancy and ostentatious jewelry, big belt buckles, cowboy boots (unless you are in Texas of course!), NASCAR-style logo wear, and dark sunglasses. Avoid lapel pins and tie bars , such as those depicting pigs, handcuffs, and religious or political symbols, that may distract from your credibility. Finally, avoid jangling keys and jangling coins in your pockets.
In a future blog entry I will discuss the importance of your demeanor on the witness stand itself.
Monday, January 24, 2011
Wednesday, January 5, 2011
Effective Courtroom Testimony, Part 3
The Pre-Trial Conference
Over the years, I've conducted a number of informal surveys of prosecutors and officers regarding testifying in court. The number one item on each group's "wish list" is for a bona-fide pre-trial conference. By "bona-fide," I mean an actual face-to-face sit-down in advance of the anticipated testimony date, and NOT the all-too-common two-minute discussion in the courtroom itself.
At the pre-trial conference, the parties should thoroughly discuss all aspects of the case. The officer should point out possible weaknesses in the case, including omissions, errors, and inconsistencies in the report. The prosecutor may identify some potential defense challenges,including challenges to the officer's credibility. The pre-trial conference is also an opportunity for the parties to build rapport and trust.
The prosecutor prepares the witness-officer for the trial by providing an overview of the direct examination process. Usually, the prosecutor will remind the officer to avoid jargon and slang while testifying, to maintain a calm demeanor (particularly when challenged by the defense), not to volunteer information when on the stand, to create charts or other visuals, and pick-up evidence as needed.
The pre-trial conference is a perfect opportunity for the officer to provide the prosecutor with an up-to-date copy of his/her curriculum vitae (resume), including a one-page summary.
Finally, it's a common tactic for a defense attorney to ask the officer if he/she had a pre-trial conference with the prosecutor. Do not hesitate to honestly answer this question. There is nothing wrong, and everything right, with having a pre-trial conference with the prosecutor. In fact, jurors expect it.
Over the years, I've conducted a number of informal surveys of prosecutors and officers regarding testifying in court. The number one item on each group's "wish list" is for a bona-fide pre-trial conference. By "bona-fide," I mean an actual face-to-face sit-down in advance of the anticipated testimony date, and NOT the all-too-common two-minute discussion in the courtroom itself.
At the pre-trial conference, the parties should thoroughly discuss all aspects of the case. The officer should point out possible weaknesses in the case, including omissions, errors, and inconsistencies in the report. The prosecutor may identify some potential defense challenges,including challenges to the officer's credibility. The pre-trial conference is also an opportunity for the parties to build rapport and trust.
The prosecutor prepares the witness-officer for the trial by providing an overview of the direct examination process. Usually, the prosecutor will remind the officer to avoid jargon and slang while testifying, to maintain a calm demeanor (particularly when challenged by the defense), not to volunteer information when on the stand, to create charts or other visuals, and pick-up evidence as needed.
The pre-trial conference is a perfect opportunity for the officer to provide the prosecutor with an up-to-date copy of his/her curriculum vitae (resume), including a one-page summary.
Finally, it's a common tactic for a defense attorney to ask the officer if he/she had a pre-trial conference with the prosecutor. Do not hesitate to honestly answer this question. There is nothing wrong, and everything right, with having a pre-trial conference with the prosecutor. In fact, jurors expect it.
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