Courtroom Testimony Flashcards

1
Q

who can be classified at witnesses?

A

law enforcement officers, crime scene investigators, and forensic specialists

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2
Q

how many times may witnesses testify in a year?

A

CSI only testify a few times a year
Officers can be in court more often
Forensic experts don’t testify as often either

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3
Q

jurors assume that witnesses are ? in testifying but ?

A

trained
usually no training provided

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4
Q

burden on witnesses to be ?

A

prepared
study, practice is key

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5
Q

6 types of court procedures

A
  1. arraignment
  2. preliminary hearing
  3. gran jury
  4. motions
  5. trial
  6. sentencing hearing
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6
Q

define arraignment

A

formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea of guilt or not guilty. Bail is also set at this time

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7
Q

define preliminary hearing

A

a hearing in which a judge determines whether the defendant should be held for trial. at the prelim, the prosecution has the burden of providing sufficient evidence to the judge that a crime has occurred and that the defendant committed the crime

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8
Q

define grand jury

A

12-23 jurors, jury decides if there is probable cause that the defendant has committed an offense, witness may be questioned by sny of the jurors, jury decides on indictment (document that charges the defendant with an offense and trial is set), more informal than trial, no cross examination

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9
Q

define motions

A

various moitons i.e. Motion to suppress evidence, motion to suppress a confession, witnesses may be called, cross exmaination

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10
Q

define trial

A

presentation of case to jury and judge or a bench trial (judge only) witnesses called

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11
Q

define sentencing hearing

A

decide on sentence of defendant, witness may be called

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12
Q

what is a cabios warrant?

A

if you’re not in jail and able to go out on bond and don’t show up for the arraignment - failure to appear to an arraignment and an arrest warrant is released

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13
Q

felonies are always in front of the ?

A

grand jury

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14
Q

trial

A

Selection of Jury
Opening Statement by Prosecutor (State Attorney)
Opening Statement by Defense Counsel
Prosecutor Presents Evidence Through Witnesses **
Cross-Examination by Defense
Re-Direct Examination by Prosecutor
Re-Cross Examination by Defense
Defense Presents Evidence Through Witnesses
Cross-Examination by Prosecution
Re-Direct Examination by Defense
Re-Cross Examination by Prosecutor
Prosecutor Calls Rebuttal Witnesses
Cross Examination by Defense
Closing Arguments by Prosecutor
Closing Arguments by Defense
Rebuttal by Prosecutor
Case Goes to Jury for Deliberation

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15
Q

questions to ask about courtoom environment

A

Where will the prosecutor and assistants sit?

Where will the defendant and defense counsel sit?

Where will you _sit_____?

Where are the jurors?

What will be your line of sight to ALL __jurors______?

Where will I place my documents?

How will I sit?

Which way does the door swing?

Who will _excuse________ you from the witness stand?

Will easels be available?

Where will the physical ___evidence_________ be?

Do you need to bring gloves?

What __documents____________ should you bring?

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16
Q

prosecutor will schedule a ? meeting

A

pretrial

17
Q

two maint things that should be accomplished in pretrial preparations

A

-make sure attorney knows you background/education training - resume
-find out what attorney expects from you - what questions is s/he going to ask you
clarify any miscommunication

18
Q

From the time that you arrive at the courthouse be conscious of ? (Game On), you never know who you standing next to

A

demeanor

19
Q

type of clothes for Appearance

A

civilian clothes vs. uniform, suit

20
Q

A bad first ? from appearance and demeanor will be considered throughout testimony

A

impression

21
Q

Do not be overfriendly, ? (_fear______ is Good)

A

confident

22
Q

how should you behave when getting to the stand?

A

Wait in appropriate area to be called into courtroom

Walk __naturally___________ to stand, do not speak to attorneys, defendant, etc.

Stand erect while being sworn in

Sit when given __permission______________

Sit erect and face jury

Do not _fidget_________

Hands on lap

23
Q

how many federal rules of evidence? how many rules adopted by court system?

A

702
702

24
Q

what is the trial judge responsible for?

A

determining the qualification of an expert witness and whether they can give their opinions

25
Q

based on ? knowledge, skill, training or education and experience

A

experts

26
Q

many ? courts have adopted these guidelines

A

state

27
Q

What personal information is asked during the initial questioning of the testimony?

A

What is your name
With whom are you employed
For how long have you been employed
What is your __educational__________ background
What __training_________ have you completed (professional organizations)

28
Q

considerations to have during testimony

A

Eye contact and speaking voice are extremely important
TALK TO THE _JURY_______!!!- they are making the decision not the attorneys
Using your hands- use appropriately, gestures, laser pointers
Using documents on stand- ask the attorney “May I refer to my report?”
When asked to look at something on the stand i.e.. Photograph, take a good look, don’t rush
Give _concise_________ answers, yes and no when possible
Use common language, no jargon, don’t be too scientific, don’t use abbreviations
Be careful when handling ___evidence_________- bloody, firearms
Avoid “I think” “as I recall” “umm”, positive and firm responses

29
Q

what to do if you make a mistake during testimony

A

Try to __correct_________ mistake as soon as possible

Ask __permission___________ to clarify your mistake

May have to wait until re-direct or re-cross

30
Q

define objection

A

objection to the opposing sides question, typically over a point of law, judge rules on objection based on reasoning behind the objection

31
Q

define sustained

A

the judge agrees with the objection that the answer to the question shall not be given = DO NOT ANSWER

32
Q

define over-ruled

A

the judge disagrees with the objection = ANSWER THE QUESTION

33
Q

what does KISS stand for?

A

keep it simple, stupid

34
Q

what jury’s do not like

A

Not __looking____________ at them

Talking down to them

___Disrespect___________ for the judge

Improper speech

Poor posture

Being cocky

__Bias_______ toward prosecution

Not being fully prepared

Being defensive

__Wasting_______ their time

Using visual aids that cannot be clearly seen and understood

35
Q

what do jury’s expect?

A

They expect you to tell the _truth__________

They expect clear and concise information

They expect you to be _impartial__________

They expect you to have concern for them collectively and as individuals

They expect you to be __prepared_________

They expect you to be neat and clean and look professional

They expect you to be __accurate_________