CJ 328-01 CJ 328-01 Forensic Fingerprint Forensic Fingerprint

AnalysisAnalysisUnit 9 SeminarUnit 9 Seminar

Tactics of Testifying in CourtTactics of Testifying in Court

Consider this while we discuss.Consider this while we discuss.

For Whom do you For Whom do you Testify?Testify?

Before CourtBefore Court

• Before you even enter the court house…Before you even enter the court house…• Review – Review – ReviewReview – Review – Review• Refresh your memory as to the facts of this Refresh your memory as to the facts of this

case as much as possible.case as much as possible.• The Pretrial ConferenceThe Pretrial Conference• …………..Why?..Why?

Testifying in CourtTestifying in Court

• ““Forensic scientists begin their testimony even Forensic scientists begin their testimony even before they speak their first words. Even before they before they speak their first words. Even before they take the oath or recite their qualifications, the jury is take the oath or recite their qualifications, the jury is assessing their credibility by their demeanor. assessing their credibility by their demeanor. Simply put, demeanor evidence is the body’s Simply put, demeanor evidence is the body’s compass, pointing in the direction of credibility. It compass, pointing in the direction of credibility. It includes gestures, intonations, posture, mannerisms, includes gestures, intonations, posture, mannerisms, eye movements, inflections, and expressions. Judges eye movements, inflections, and expressions. Judges and juries listen and look very closely to demeanor and juries listen and look very closely to demeanor evidence to assess the credibility of forensic evidence to assess the credibility of forensic testimony” Bullis, 2012, p.15).testimony” Bullis, 2012, p.15).

Testifying in CourtTestifying in Court

• Successful law enforcement testimonySuccessful law enforcement testimony• must respond appropriately in courtmust respond appropriately in court• Reveal / Articulate for publicReveal / Articulate for public

• Direct ExaminationDirect Examination• professional skills / training / integrityprofessional skills / training / integrity

• Cross ExaminationCross Examination• centers on quality / credibility / professionalismcenters on quality / credibility / professionalism

Testifying in CourtTestifying in Court• When professionalism is reflectedWhen professionalism is reflected

• officer’s testimony and honesty acceptedofficer’s testimony and honesty accepted• Two themes dominate:Two themes dominate:

• objectivity / professionalismobjectivity / professionalism• ObjectivityObjectivity

• legal system adversarylegal system adversary• lawyers are advocateslawyers are advocates• witnesses: honest / objectivewitnesses: honest / objective• display bias: discrediteddisplay bias: discredited

Testifying in CourtTestifying in Court• Never lieNever lie

• moral consequences too highmoral consequences too high• even insignificant detaileven insignificant detail• destroy credibilitydestroy credibility• possible criminal prosecutionpossible criminal prosecution• never testify beyond the scope of your expertisenever testify beyond the scope of your expertise

• Don’t display biasDon’t display bias• against judge / defenseagainst judge / defense• do not sit with or directly behind prosecutordo not sit with or directly behind prosecutor• leave quietly / no sign of feelingsleave quietly / no sign of feelings

Testifying in CourtTestifying in Court• do not stop / discuss casedo not stop / discuss case• in court / do not vent emotionsin court / do not vent emotions• sole mission: express truthsole mission: express truth

• When testifyingWhen testifying• address the judge and/or juryaddress the judge and/or jury• establish eye contact / rapportestablish eye contact / rapport

• Answer honestly / fairly / accuratelyAnswer honestly / fairly / accurately• make mistake: admit itmake mistake: admit it• physical evidence cannot be changed, it only physical evidence cannot be changed, it only

can be interpretedcan be interpreted

Testifying in CourtTestifying in Court• ProfessionalismProfessionalism

• not only speak the truthnot only speak the truth• show by demeanorshow by demeanor• competencecompetence

• Appearance Appearance • ImpressionImpression• dress appropriatelydress appropriately• physical appearancephysical appearance• neat / clean / conservativeneat / clean / conservative• No sunglasses No sunglasses • Gun not showing / clothes in order before taking standGun not showing / clothes in order before taking stand

AppearanceAppearance

• ““Here are some simple tips to exude Here are some simple tips to exude professionalism through your appearance. professionalism through your appearance. Begin with a well-tailored business suit, a Begin with a well-tailored business suit, a pressed shirt, and non-descript tie (for pressed shirt, and non-descript tie (for males). Ladies, keep the jewelry small and males). Ladies, keep the jewelry small and simple. Think professional when selecting simple. Think professional when selecting your courtroom wardrobe. Darker colors are your courtroom wardrobe. Darker colors are best for suits with lighter colored shirts” best for suits with lighter colored shirts” (Ashlock, 2010, ¶ 1).(Ashlock, 2010, ¶ 1).

Testifying in CourtTestifying in Court• PromptnessPromptness

• be early:be early:• get “the lay of the land”get “the lay of the land”• necessary evidence may be your necessary evidence may be your

responsibility…. Not normallyresponsibility…. Not normally• Act professionalAct professional

• even before court beginseven before court begins• judge / jury may be watchingjudge / jury may be watching• poor actions / remarks will probably come back poor actions / remarks will probably come back

and bite you.and bite you.

Testifying in CourtTestifying in Court• Taking the standTaking the stand

• quiet / confident mannerquiet / confident manner• before oath: complete stop / pause / accept oathbefore oath: complete stop / pause / accept oath• act like oath means somethingact like oath means something

• Do not assume air of importanceDo not assume air of importance• be natural / open as possiblebe natural / open as possible• sit erect / feet flat on floorsit erect / feet flat on floor• hands on thighs / arm of chairhands on thighs / arm of chair• pay attention to your body languagepay attention to your body language• expressed by posture/ mannersexpressed by posture/ manners

Testifying in CourtTestifying in Court• ““Speak clearly. Fully pronounce your words. Speak clearly. Fully pronounce your words.

Be careful to avoid slang, lazy speech Be careful to avoid slang, lazy speech (dropping the “g” in “ing”, etc.), and regional (dropping the “g” in “ing”, etc.), and regional speech (over yonder, purty gud, ya’ll, etc.). speech (over yonder, purty gud, ya’ll, etc.). Also, watch out for filler words, such as, um, Also, watch out for filler words, such as, um, ah, okay, right, you know, etc. These words are ah, okay, right, you know, etc. These words are used when you are thinking about what you used when you are thinking about what you will say next. Instead of filler words, use a will say next. Instead of filler words, use a silent pause to make a larger impact on what silent pause to make a larger impact on what you will say next” you will say next” (Ashlock, 2010, ¶ 6)(Ashlock, 2010, ¶ 6)..

Testifying in CourtTestifying in Court• Do not place hand over mouth while speakingDo not place hand over mouth while speaking• Maintain eye contact with jury / judgeMaintain eye contact with jury / judge

• does not mean to stare them down!!!does not mean to stare them down!!!• Do not cross arms / legs or clench fistsDo not cross arms / legs or clench fists• Do not shift around in chairDo not shift around in chair• Speak in a loud / clear voiceSpeak in a loud / clear voice• Speak at same rate of speedSpeak at same rate of speed

• in the same manner in response to all questionsin the same manner in response to all questions• Avoid law enforcement vernacular and TV Avoid law enforcement vernacular and TV

terminology - talk in understandable termsterminology - talk in understandable terms

Testifying in CourtTestifying in Court• ““Learn when to differentiate between an Learn when to differentiate between an

authoritative and conversational voice. Both have authoritative and conversational voice. Both have importance in your testimony. Knowing when to importance in your testimony. Knowing when to use which voice will make a huge difference in the use which voice will make a huge difference in the delivery of your testimony. There is a fine line. delivery of your testimony. There is a fine line. Jurors need to be educated without being talked Jurors need to be educated without being talked down todown to. Therefore, when presenting your . Therefore, when presenting your evidence, it is best to use your authoritative voice evidence, it is best to use your authoritative voice which is perceived to be more trustworthy” which is perceived to be more trustworthy” (Ashlock, 2010, ¶ 7).(Ashlock, 2010, ¶ 7).

Testifying in CourtTestifying in Court• ““In contrast, jurors respond better to a In contrast, jurors respond better to a

conversational voice when asked for a detailed conversational voice when asked for a detailed explanation, because subconsciously it is explanation, because subconsciously it is perceived more likeable and friendly” (Ashlock, perceived more likeable and friendly” (Ashlock, 2010, ¶ 7).2010, ¶ 7).

• Remain objective at all timesRemain objective at all times• Do not become argumentative - nor over-confidentDo not become argumentative - nor over-confident• Do not be drawn into position of fencing with the Do not be drawn into position of fencing with the

defensedefense• remember what you saidremember what you said

Testifying in CourtTestifying in Court• Listen carefully to questionsListen carefully to questions• do not volunteer informationdo not volunteer information• ““Would you please repeat the question?”Would you please repeat the question?”• ““I’m sorry but I don’t understand the I’m sorry but I don’t understand the

question.”question.”• Nothing wrong with asking for Nothing wrong with asking for

clarificationclarification

Testifying in CourtTestifying in Court

• ““The key to answering a question is to fully The key to answering a question is to fully listen to what is being asked before listen to what is being asked before responding. Then only respond to what was responding. Then only respond to what was asked. Never interrupt. This is viewed as an asked. Never interrupt. This is viewed as an aggressive behavior. Additionally, aggressive behavior. Additionally, answering a question too quickly gives the answering a question too quickly gives the appearance of being too anxious or over appearance of being too anxious or over rehearsed. Neither response will show you rehearsed. Neither response will show you in your best light” (Ashlock, 2010, ¶ 9).in your best light” (Ashlock, 2010, ¶ 9).

Specific techniques of testifyingSpecific techniques of testifying• Use / overuse of notesUse / overuse of notes

• thoroughly review before trialthoroughly review before trial• testify w/o referring to any reportstestify w/o referring to any reports• except to recall specific detailsexcept to recall specific details• times / addresses / license numberstimes / addresses / license numbers• Since notes not neededSince notes not needed

• not be taken to standnot be taken to stand• If you need details: report handed to youIf you need details: report handed to you

Specific techniques of testifyingSpecific techniques of testifying• Use / overuse of notesUse / overuse of notes

• Prosecutor: “If you could refer to that report Prosecutor: “If you could refer to that report would it refresh your recollection as to would it refresh your recollection as to information I asked about a minute ago?”information I asked about a minute ago?”

• You: “Yes, it would.”You: “Yes, it would.”• ResponsesResponses

• when asked a detailed question - give an when asked a detailed question - give an expansive answerexpansive answer

• do not try to fill-in with opinionsdo not try to fill-in with opinions• let prosecutor draw out detailslet prosecutor draw out details

Specific techniques of testifyingSpecific techniques of testifying• The pick-upThe pick-up

• establish rapport with prosecutorestablish rapport with prosecutor• pick-up on his/her cue questionspick-up on his/her cue questions• prosecutor should pick-up on officer cuesprosecutor should pick-up on officer cues

• Complications or clarifications will be Complications or clarifications will be brought out on redirect.brought out on redirect.

Presenting EvidencePresenting Evidence• ““Since you are telling a story, keep the jurors Since you are telling a story, keep the jurors

focused on what you are presently doing. Lead focused on what you are presently doing. Lead into each exhibit. Create interest by talking into each exhibit. Create interest by talking about the exhibit before you show it, and then about the exhibit before you show it, and then reveal it. Make your point. Never make your reveal it. Make your point. Never make your point before you show the exhibit. By creating point before you show the exhibit. By creating drama as you go, you add suspense along the drama as you go, you add suspense along the way. The jurors will anxiously hang on every way. The jurors will anxiously hang on every word. Curiosity makes them wonder what will word. Curiosity makes them wonder what will happen next” happen next” (Ashlock, 2010, ¶ 20)(Ashlock, 2010, ¶ 20)..

Communicating with the juryCommunicating with the jury

• Always be politeAlways be polite• speak to jury / maintain eye contactspeak to jury / maintain eye contact• clear / concise as if telling a storyclear / concise as if telling a story

• If there is an objectionIf there is an objection• stop speaking immediatelystop speaking immediately• do not continue until judge rulesdo not continue until judge rules• sustained / overruledsustained / overruled

CourtCourt

• Why testimony necessary?Why testimony necessary?• defendant’s right to confrontdefendant’s right to confront• defendant’s right to cross-examinedefendant’s right to cross-examine• need to create a recordneed to create a record

ConclusionConclusion

• ““Credibility comes through believability. Credibility comes through believability. To be believed as an Expert Witness, you To be believed as an Expert Witness, you must look the part, speak the part, and act must look the part, speak the part, and act the part. The more you practice, the more the part. The more you practice, the more proficient you will become (Ashlock, 2010, proficient you will become (Ashlock, 2010, ¶ 32).¶ 32).

The QuestionThe Question

For Whom do you For Whom do you Testify?Testify?

The QuestionThe Question

For Whom do you For Whom do you Testify?Testify?

You testify not for the prosecution nor You testify not for the prosecution nor for the defense; you testify for the for the defense; you testify for the

court and no other.court and no other.

ReferencesReferences• Ashlock, S. (2010, February 1). Expert witness: Ashlock, S. (2010, February 1). Expert witness:

Effective courtroom testimony. Effective courtroom testimony. Forensic Forensic Magazine.Magazine. Retrieved from Retrieved from http://www.forensicmag.com/article/expert-witness-effective-courtroom-testimony

• Bullis, R. K. (2012, February-March).Bullis, R. K. (2012, February-March). Stressing Stressing demeanor credibility: Continued impacts of demeanor credibility: Continued impacts of Melendez-Diaz for forensic scientists. Melendez-Diaz for forensic scientists. Forensic Forensic Magazine, 9Magazine, 9(1), 15-19. Retrieved from (1), 15-19. Retrieved from http://www.forensicmag.com/article/stressing-demeanor-credibility-continued-impacts-melendez-diaz-forensic-scientists

Questions?Questions?

It has been a great class!It has been a great class!If you have any questions as we wrap If you have any questions as we wrap

up this unit please let me know!up this unit please let me know!