The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

4. Discuss the details of the case and testimony with the prosecutor assigned to
the case
5. Make sure the prosecutor has been given copies of everything required by the
law in your jurisdiction prior to trial (which may include handwritten notes,
photographs, etc.)
Guidelines for Testimony – What You Say and How You Say It
During direct testimony, the officer’s responsibility is to present the facts of the
case. Keep in mind—the officer saw and smelled it and the judge and jury did not.
The officer must paint a mental picture for the judge and jury. In order to do that,
the officer should:
1. Testify to what he observed using language geared for the lay person – in
other words, don’t use jargon, acronyms, or abbreviations;
2. Never guess at an answer – it’s okay to say, “I don’t know” if you don’t
know; and
3. Provide specific descriptive details concerning exactly what the suspect did or
was not able to do and explain what these actions mean.
An officer’s testimony should NOT include:
1. Testimony or evidence that has been excluded;
2. Exaggerated testimony; or
3. Testimony that can appear biased for or against the defendant.
Professional conduct during a trial is very important. Jurors focus on an officer’s
demeanor as well as the content of the testimony. Avoid becoming agitated or
taking personal issue with defense tactics – just stick to the facts. Remember: the
minute you lose your temper, you lose your audience.
Personal appearance also matters. If you are a uniformed officer, wearing your
uniform to court is usually preferable to street clothes. If in civilian clothes, wear
dress pants and jacket— with tie, if male.
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