Preparation Key for Courtroom Appearances

Despite what the entertainment industry has led us to believe, law enforcement’s role in the criminal justice system does not end with arrests. While fading to a black screen following the application of handcuffs provides closure on the silver screen, it marks the beginning of the next and more important phase of the criminal justice system – trial preparation and testimony.

While its origins may be in dispute, the expression “failing to prepare is preparing to fail” applies equally to law enforcement officers as it does to attorneys. The work of many over months and sometimes years can be negatively impacted, if not wasted, by ineffective courtroom testimony. Effective testimony preparation is far from a conviction guarantee for criminal defendants. Anyone who has been involved in a jury trial knows they can be unpredictable. However, by properly preparing for court testimony, the law enforcement witness can put forth the best possible case.

Two Phases of Courtroom Testimony

Compelling testimony for law enforcement involves two distinct phases: preparation and execution. While both are equally important, preparation and execution involve separate attention and time to achieve the best possible outcome.

Any preparation begins with mastery of facts. If you are the lead investigator, no one, including the attorneys, should knows more about the case facts than you. Your knowledge and understanding of the facts will reduce any anxiety you feel while on the stand and translate well to the jury.

Furthermore, your depth of understanding of the background and relationships of the parties and witnesses will greatly assist prosecutors in anticipating issues that may arise during trial. Finally, your answers to direct questioning will be detailed and without unnecessary deliberation, something that only builds credibility with the jury.

Along with an all-knowing hold of the facts, law enforcement witnesses must meet with the prosecutor well before any in-court testimony. This should be scheduled as soon as you are aware of a trial or hearing date. The time window for this meeting is important. While the length of time out from anticipated testimony will vary depending upon the case’s complexity, this meeting should occur as soon as possible, but no later than three weeks before any trial testimony or one week before any hearing. If any additional information has been discovered, additional Brady information may need to be disclosed to the defense. Timely disclosure is essential to preserve the trial date and prevent avoidable trial delays

Any meeting with prosecutors should also include a review of anticipated and potential witnesses and exhibits. Know what exhibits the prosecutor intends to use you to authenticate or testify about at trial. You must know the prosecutor’s theory of the case and anticipated defenses. If you see potential issues regarding the theory of the case or any possible defenses, now is the time to voice concerns. Also, if you are unfamiliar with defense counsel, your pretrial meeting with the prosecutor is your opportunity to get a “scouting report” of potential trial tactics relied trial tactics.

Preparation is Key

Proper preparation for trial testimony is essential. However, all the preparation in the world will be of little assistance if you fail to execute when it is time to take the stand. To be a good witness, you need to be likable, credible and in complete command of the case.

Despite what you may have been told, there is no such thing as an unbiased juror. Jurors are human.  Humans draw from their past experiences when making decisions. Those experiences are influenced by the people they’ve encountered and the events that have shaped each of their lives. The oath they take specifies that they “… will impartially try the case between the parties and give a true verdict according to the evidence and the law ….” Those individual pre-conceived biases can influence how much or little weight they give your testimony. 

Rightfully or wrongfully, people tend to form impressions about strangers rather quickly. Varying studies have reduced this time to a matter of seconds when forming impressions about strangers. You may resemble a former romantic interest. You may have the same characteristics as a family member. While you can’t control the basis of how jurors may initially perceive you, you can mitigate any potential negative impression they may have by being as likable as possible.

From the moment you step into the courthouse, you should project humility and respect. Never give testimony dressed in something other than your Class A uniform or a business suit. There is an expectation of how officers should look. Your clothing reflects the impression you, the witness, give to the seriousness of the proceeding. Now is not the time to make a bold fashion statement. 

Treat everyone with respect from the time you step out of your car at the courthouse. Open the door for others. Address people as sir or ma’am. Remember, someone is always watching and listening. When sitting, remain upright. Don’t lean back. When testifying at counsel’s table, avoid smiling, eye-rolling, or laughing.

You want jury members to feel a sense of pride that you are their law enforcement officer. Regardless of the outcome in the courtroom, you want them to see you out in public and be proud that you are protecting the community.

Good preparation and presentation of your testimony lay the foundation for the most important part of any witness – credibility. If the jury doesn’t believe you are credible, nothing else matters. While credibility is perceived through the actual testimony, it is a product of all the stages of testimony preparation.

A witness, law enforcement or otherwise, who is in command of the facts and conveys that information to the jury in an objective and dispassionate manner is key. Again, the more prepared you are, the more comfortable you will appear to the jury. Don’t exaggerate or unnecessarily puff certain facts. Unnecessary embellishment can lead some jurors to question the underlying facts conveyed during testimony. That is not to say they will think you are untruthful. But any opportunity you give defense counsel to chip away at your testimony takes away from your testimony. 

While you will become more comfortable with testifying as you progress in your career, testimony preparation should never be overlooked. It requires time and attention to detail. While sometimes similar, every case will have its specific facts, which will require time and effort to present in the courtroom setting properly. Never assume a case will settle, regardless of the facts. For the law enforcement officer, the case is not over until the judge says so.