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Courtroom Demeanor For Police Officers
Courtroom Demeanor For Police Officers
AZ POST 2.9
DESIGNATION:
HOURS: 4
COURSE An examination of the proper techniques for giving effective police testimony
CONTENT: as a witness in court. Preparation, appearance, manner, attitude and use of
reference materials are addressed.
PERFORMANCE Upon completion of this course of instruction, students using notes, handouts
OBJECTIVES: and other support materials as references, within the allotted time, will:
A. Refresh memory.
A. Honesty.
B. Brevity.
C. Clarity.
D. Objectivity.
E. Emotional control.
LESSON TITLE: COURTROOM DEMEANOR NOVEMBER 2011
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LEARNING ACTIVITIES
A. Friendly.
B. Badgering.
C. Condescending.
2.9.4 At a minimum, each such critique will address the adequacy of the
officer’s testimony in terms of the following.
A. Responsiveness to questions.
B. Clarity of expression.
C. Errors of omission.
D. Errors of commission.
E. Overall demeanor.
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INSTRUCTOR REFERENCES:
I. INTRODUCTION
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C. Attention “grabber.”
E. A juror’s opinion of a police officer is probably formed long John Waltman, Non-
before the first question posed to you, and more than Verbal Element in
likely, long before you walk into the courtroom. Courtroom Demeanor;
FBI L/E Journal, March
1. Up to 93% of what is communicated is done 1984.
through non-verbal means.
a. Deposition:
i. Court ordered.
b. Interview:
2. An officer should never testify without first having Note: Same is true of
reviewed any, and all, reports the officer prepared deposition or interview.
concerning the incident. Obtain a copy of the Never testify without first
reports and review them thoroughly. reviewing all reports.
1. Be punctual.
a. Show up on time. Plan ahead of time
where you are going.
b. If you realize you are going to be late, notify
the court and/or prosecutor as soon as
possible.
3. Always dress appropriately, even on your days off. The rule for the exclusion
The prosecutor should never have to worry about of witnesses is discussed
how you look; the jury should never be distracted in Section III.A(11) of this
by how you look. Remember the defendant will be outline.
dressed up and will look good. Basic rules:
a. No alcohol.
b. No gum.
f. No sunglasses.
D. Ensure that evidence and relevant reports are accessible. P.O. 2.9.1D
E. When put under oath, stand erect with your right arm at a
right angle and speak clearly.
1. Tell the truth, the whole truth and nothing but the
truth.
6. If you make a mistake in your testimony, correct it. Advise trainees that AZ
POST has taken the
a. Do so as soon as reasonably possible, position that an officer
even if the questioning has moved on to who lies may have his/her
other areas and even if you must interrupt. certification revoked.
Example:
J: It will so reflect.
J: Granted.
O: Yes.
O: Yes.
O: Yes.
11. In most criminal cases, one (1) party or the other Arizona Rules of Criminal
(usually the defense) will “invoke the rule.” Procedure, Rule 9.3.
b. Example:
6. Do not mention evidence which has been Note: Upon arrival for
suppressed or that the judge has ruled is trial, you should talk to the
inadmissible. prosecutor about this.
memory or conclusions.
3. The defense will attack any conclusions you drew DISCUSS the role of the
in your investigation. defense attorney in the
criminal justice system.
a. Remember that it is defense attorney’s role The state has the burden
to provide the best representation possible of proving a person guilty
for the defendant. beyond a reasonable
doubt; the defense
b. Defense attorneys are limited by both the attorney’s job is to force
law and professional ethics as to the nature the state to do its job. It is
of their cross-examination; the prosecutor important to distinguish
will object if questioning crosses the line. between the client and the
attorney – representation
4. Wait briefly after the defense attorney asks a does not mean approval
question. Doing so gives the prosecutor a chance of the client’s conduct.
to object and allows you to control the pace of the
questioning.
VI. CONCLUSION
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