15 Pro Tips for Police Officers Testifying in Court
For many new police officers who are pulling in arrests faster than the New England Patriots were winning super bowls during the Tom Brady / Bill Belichick era, court testimony for those arrests will loom.
Yes, you guessed it I am a New Englander.
But I am not on your screen to talk about the Patriots, I am talking to you today about potentially making you a better police witness.
Who am I and why am I worthy of telling you about my experience in the courtroom
I'm an active veteran police leader who's attained three criminal justice degrees with the last being a Masters of Science in Criminal Justice Administration. I've logged hundreds of hours under the roofs of the district and superior courts as well as testified in cases of all sizes.
I am a person who collectively takes the great traits of many to carve my own success as both a Police Officer and as a solo-preneur and business owner of COPJOT.com.
I believe in this process.
As great as we all believe that we are, especially as law enforcement officers, there are so many talented individuals in our profession who we can learn from.
With that said:
Through observation and testifying I have learned a lot along my career journey. I enjoy passing on that valuable knowledge, like the 15 pro tips for police officers testifying in court, to the newer law enforcement officers who are breaking into the field.
If you are a veteran police officer and have struggled testifying in court you are not alone.
It took me many years to start to feel comfortable on the witness stand and a lot of that was a change in mindset as you will see in many of my Pro Tips.
If you have found yourself here looking for information on testifying as a witness, you are in luck. Keep reading. There is a lot of valuable information here for you.
What is Testifying in Court?
Testifying in court is the act of providing testimony or evidence as a witness during a legal proceeding, typically in a court of law.
Testifying is an essential part of the legal process and plays a critical role in the presentation of evidence and the determination of facts by the judge or jury.
Witnesses, including individuals with firsthand knowledge of events, experts, or those who can provide relevant information, are called to testify to help establish the truth in a case.
Testifying in Court as a Police Officer
You grind through the police academy having taken all of my advice on what police boots might be best for the police academy, what duty bags you should consider for patrol and you may have even wrote a to/from using my article on the history of Miranda Rights.
Well now I'm here, back in your life, helping you to understand that all that arrest activity you piled up when you were set free like a bulldog in a treat factory is going to loom over you like the morning mist on the Ring of Kerry.
As you start getting summoned to court and showing up in your best business attire your ears will be fine tuned to the words spoken by the prosecution, "Ready for Trial your Honor."
What comes next is an O-hh face along with the feeling of your first little league at bat every opening day. Do you remember that feeling? I sure do!
Be Patient, Your turn to Testify will come
For some officers it could take five years or more to make it to the witness stand and raise your right hand. This is especially true for law enforcement officer working in slower communities and districts.
For others that time frame could be much shorter.
The inner workings of the road to justice is a long road full of twists and turns. Only about 2% - 5% of criminal cases make it to trial so this is why it might take an officer 5 years or more to see the witness chair.
More often than not you will be called in to court so that the prosecution may call themselves ready for trial to the judge. This looks good and places the burden on the defense to also claim they are ready and it also puts them on notice that the key witnesses are present.
If all witnesses are present then a guilty plea by the defendant might be next. Other times you will be called in order to testify in a motion to suppress evidence or a confession or a motion to dismiss the case entirely.
Testifying in Court as a Witness
Testifying in court as a witness is a fundamental aspect of the legal system, involving the presentation of firsthand accounts and relevant information to aid in the determination of facts.
Witness testimony, if proven reliable by a jury or a judge at a bench trial, can carry a large amount of weight in deciding cases.
Police Officers are much of the time considered inherently reliable people which is why they must never engage in criminal activity or even give question that they have engaged in criminal activity.
OK, back to testifying in court as a witness.
Witnesses are typically called to testify by either the prosecution or defense, each aiming to support their respective cases.
Once sworn in under oath or affirmation, witnesses undergo direct examination, during which the party calling them asks questions to elicit information that supports their legal arguments.
Subsequently, the opposing party has the opportunity to cross-examine the witness, probing for inconsistencies or seeking clarifications.
The judge plays a pivotal role in ensuring the relevance and admissibility of testimony, ruling on objections, and overseeing the overall conduct of the proceedings.
Witnesses may be ordinary individuals with personal knowledge of events or experts in specific fields offering their opinions.
Throughout the process, the credibility of witnesses can be challenged through impeachment, where inconsistencies in their statements or factors affecting their reliability are scrutinized.
The testimony provided contributes to the body of evidence considered by the judge or jury, ultimately influencing the outcome of the legal proceedings.
Overall, testifying as a witness demands a commitment to truthfulness and plays a vital role in the pursuit of justice within the legal system.
For the newer officers that can't identify this classic movie from 1992 I wanted to give some advice to you from a person who has walked a few miles in your duty boots.
15 Tips for Testifying in Court
For anybody that has received a summons to appear in court to give testimony as a witness you may be experiencing some nervousness. This is normal. Just do your best to prepare and remain calm. This nervousness will end once you get called to the witness stand and give your truthful testimony.
From there you will have very little control over which way justice will go.
If however, you are not truthful in your testimony, that nervousness will continue for quite some time.
The following Testifying in Court Tips and 4 PRO TIPS will NOT tell you how to specifically answer questions however it will definitely shed some light on the journey you are about to take and how you can be your best in court and testifying in court.
Your preparation with testifying in court will start with the your interviewing skills and the quality of your note taking.
Your case all starts with what type of information you decide to write down on your COPJOT Police Notepad.
When you get to the scene of a crime and start to develop the seriousness of injuries, value of stolen money or goods, damage to property and potential charges you should be able to gauge how much detail your going to have to write in your police report. Ask questions and write your detailed notes as if you were being questioned in court about the case.
Don't be the officer that is typing your report while reading the smeared ink off of a latex glove or even your hand. As crazy as this sounds this does happen.
Sloppiness leads to inefficiency and you will reap those rewards on the witness stand. So do yourself a favor and keep a good notebook and a set of pens on you at all times during your shift.
About the Author
Brian Humenuk isn't just an entrepreneur in eCommerce, he is also an informed leader whose experience provides followers and visitors with a look into current and past police issues making headlines in the United States.
Brian has earned three degrees in Criminal Justice with the last, a Masters of Science in Criminal Justice Administration.
Brian extends his training, education, and experience to the officers just now getting into the field so that they may become more informed police officers and stay clear of police misconduct and corruption.
You can find out more about Brian and the COPJOT story on the ABOUT US page.
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