The Sisyphus Comments

Chess And The Art Of Courtroom Testimony

You have done the hard work. You cared for the victims, secured the crime scene, gathered the evidence and arrested the bad guy – your job is done, right? Wrong! If you were playing chess, your opponent would be in “check.” Of course, anyone that plays chess knows that the match is far from over at this point. The match doesn’t end until you maneuver your opponent into “checkmate.” In our chess analogy, “checkmate” doesn’t occur until you obtain a conviction in a court of law. To “checkmate” the bad guy, you must be an artist – you must paint a verbal picture so that the judge or jury can see, smell and touch what you experienced during your investigation. In addition, the judge or jury must see your version of the events as more believable than the version that will be presented by the defense. In other words, you must be more credible than the defense attorney. Just like when you meet a new person or attend a job interview, the “first impression” that you present has an impact on how people perceive you.

An officer’s appearance and demeanor can have a significant impact on his credibility with the judge or jury. Whether you think it is right or wrong, people have preconceived ideas of how you should look and act. If I told you that my brother-in-law is a used car salesman, you would immediately begin to formulate a picture of him in your mind. Of course, if I told you he was a graduate of the Virginia Military Institute, your mental image would be significantly different. This tendency to form a preconceived picture in your mind of how you expect a person to look or behave is involuntary. The brain simply draws on your past experiences and cultural conditioning to help you decipher the world around you. As a result, people have strong preconceived notions of how a person in a certain profession should look and act. If you are trying to teach or influence people, it is normally not a good idea to disappoint them right out of the gate by not living up their expectations. Jurors expect an officer to look sharp and act professionally so if you want to maintain your credibility in their eyes, you better go with the program.

Fortunately, most appearance issues are common sense. You can never go wrong by wearing a clean, well pressed uniform. However, in some cases a suit may be acceptable but If you are unsure which to wear, talk it over with the prosecutor. Going to court on day shift shouldn’t present any special problems but making a court appearance after pulling a midnight shift may be more of a challenge. If you know that you have court after a night shift, make sure you have a fresh uniform ready to wear. A quick shower, a shave and a coat of polish on your shoes will make you feel much better and you will look like the professional “crime fighter” that you are.

The other issue that may impact your credibility with the judge or jury is your demeanor. To be a successful witness, an officer must establish a rapport with the judge or jury. Leave your ego at the door to the courtroom, try to be the best possible “witness” and trust the prosecutor to do his or her job. It is not your job to determine guilt or innocence, you are merely a reporter of facts. Begin by demonstrating your respect for the court by projecting an attitude of significance when taking your oath. Keep your head up, your shoulders back and hold your right arm and hand erect (at a 90 degree angle to your body). Keep in mind that the jurors have already started to “size you up” before you utter the first word of your testimony. They expect you to be professional and serious about this aspect of your job.

After taking the witness stand, assume a relaxed, comfortable but relatively erect position. If the witness box has an active microphone, adjust its location so that you don’t have to rock forward every time you answer a question. Be sure that you answer all of the questions with a clear, verbal response and be cognizant of your body language. Studies have revealed that only 7% of communication results from the spoken word. The other 93% of the message that you communicate is the result of your body language and tone of voice. Keep your emotions under control at all times and save the jokes and clever comments for the locker room. Defense attorneys use a variety of tricks to trip you up so learn to recognize their tricks and avoid being stung. The best approach is to present your testimony in a professional and authoritative manner.

I realize that the majority of experienced officers and deputies already know these things but sometimes it is good to review the basics of certain areas of your training when they are as important as your courtroom testimony.

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