Free What Not To Do When Testifying Essay Sample

One should never commit perjury when testifying. Perjury is knowingly telling a lie when one is under oath about something that is important to the case.
If a PLEO commits perjury when testifying, the officer may lose his or her job, he or she may face imprisonment or a fine, the defendant may be acquitted, and it reflects negatively on the professionalism and integrity of law enforcement.
When being called to the stand, never walk in front of the judge’s bench, between the attorney’s tables and the judge; called “the well” (p.464)

This area is considered off-limits and could be construed as disrespectful (p. 464)

One should not look at the judge or attorney when testifying, instead look at the jury.
Avoiding eye contact with the jury might be conceived that the PLEO has something to hide from the jurors (p. 464)
Do not use sentence fillers, slang, and/or grammatical errors.
If a witness who is testifying cannot communicate a coherent thought, it may appear he or she is incompetent and may be considered careless (p. 464)

A witness should not speak at the same time another person is speaking.

The court reporter cannot record testimony accurately if more than one person is speaking at the same time (p.465)
A PLEO should not use profanity or vulgar language when testifying, except when repeating what someone said during the incident in question.
Using profanity and vulgar language is unprofessional and rude. It may give the jury the wrong impression about the PLEO and make the judge angry (p.465)

Occupational jargon should not be used when testifying in court.

Language that is typically using only by members of an occupation will have little meaning to the jury and they will likely not understand the technical terms (p. 465)

When identifying a defendant, a PLEO should not point to the person in question.

This can be considered accusatory and cannot be recorded accurately by the court reporter due to the fact that there is no testimony in a gesture (p. 466)

Do not speak if an objection has been made; wait until the judge makes a ruling.

If a PLEO speaks out of turn, the judge will have to strike the testimony (or discount it from the record) (p.467)

If a witness does not understand a question, he or she should not try to guess what was said.

This may cause the witness to fumble or become discredited if answering improperly. (p. 467)

A PLEO should avoid becoming too relaxed during direct examination by the prosecutor.

This can be to the PLEO’s disadvantage because an abrupt change of posture or attitude during cross-examination may give the jury the impression of hostility (p. 467)

A witness should not volunteer information to answer the question honestly.

The PLEO may accidentally reveal information about the case that the prosecution may want to avoid being discussed (p. 467-68)
An officer of law should avoid mentioning the prior criminal record of the defendant unless asked to discuss it.
Certain information may not be permitted to discuss in court and it may lead to a mistrial (p.468)
A PLEO should not be antagonistic or rude during cross examination, even if being provoked by the defense attorney.
A witness who keeps his cool in front of the jury is protecting his image as an officer of the law, but also appears to be a more trustworthy person in general (p. 469)
If a PLEO cannot remember the exact facts of the case, he/she should not make up information. Instead, the PLEO should say he doesn’t remember and ask to review the facts of the case

False recollections could be construed as perjury, with the same consequences (p. 469)

If a PLEO believes it may be necessary to review the facts of the case during trial, a separate notebook should be brought with only the minimum information required.
The defense will the opportunity to look at any notes used by a PLEO and extra information may be detrimental to the case (p. 469)

A law enforcement officer should not engage in an argument with the defense attorney during questioning.

If a PLEO acts out in an emotional burst, it could be detrimental to the case (p. 469)
A PLEO witness should not allow the defense attorney to bully him/her into answering questions too quickly.
If a witness doesn’t answer carefully, he or she may share information not meant to be shared and open up a new area of cross-examination (p. 470)

A witness should not be reluctant to answer a question that favors the defendant.

The jury will respect the PLEO more if he is straightforward and does not show bias against the defendant (p. 470)
A PLEO should not try to outthink the defense attorney or seek to understand the motivation behind a question.
This may cause the witness to become distracted from the actual question and fail to answer the question directly, which can cause problems for the prosecution (p. 470)

A professional witness should not leave without formal permission to be excused.

The PLEO may be called again after testifying and must be available if needed (p.471)