Courtroom Testimony Flashcards
who can be classified at witnesses?
law enforcement officers, crime scene investigators, and forensic specialists
how many times may witnesses testify in a year?
CSI only testify a few times a year
Officers can be in court more often
Forensic experts don’t testify as often either
jurors assume that witnesses are ? in testifying but ?
trained
usually no training provided
burden on witnesses to be ?
prepared
study, practice is key
6 types of court procedures
- arraignment
- preliminary hearing
- gran jury
- motions
- trial
- sentencing hearing
define arraignment
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
define preliminary hearing
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
define grand jury
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
define motions
various moitons i.e. Motion to suppress evidence, motion to suppress a confession, witnesses may be called, cross exmaination
define trial
presentation of case to jury and judge or a bench trial (judge only) witnesses called
define sentencing hearing
decide on sentence of defendant, witness may be called
what is a cabios warrant?
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
felonies are always in front of the ?
grand jury
trial
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
questions to ask about courtoom environment
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?
prosecutor will schedule a ? meeting
pretrial
two maint things that should be accomplished in pretrial preparations
-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
From the time that you arrive at the courthouse be conscious of ? (Game On), you never know who you standing next to
demeanor
type of clothes for Appearance
civilian clothes vs. uniform, suit
A bad first ? from appearance and demeanor will be considered throughout testimony
impression
Do not be overfriendly, ? (_fear______ is Good)
confident
how should you behave when getting to the stand?
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
how many federal rules of evidence? how many rules adopted by court system?
702
702
what is the trial judge responsible for?
determining the qualification of an expert witness and whether they can give their opinions
based on ? knowledge, skill, training or education and experience
experts
many ? courts have adopted these guidelines
state
What personal information is asked during the initial questioning of the testimony?
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)
considerations to have during testimony
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
what to do if you make a mistake during testimony
Try to __correct_________ mistake as soon as possible
Ask __permission___________ to clarify your mistake
May have to wait until re-direct or re-cross
define objection
objection to the opposing sides question, typically over a point of law, judge rules on objection based on reasoning behind the objection
define sustained
the judge agrees with the objection that the answer to the question shall not be given = DO NOT ANSWER
define over-ruled
the judge disagrees with the objection = ANSWER THE QUESTION
what does KISS stand for?
keep it simple, stupid
what jury’s do not like
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
what do jury’s expect?
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_________
