SPECIALIZED COURSE FOR

WOMEN AND CHILDREN

PROTECTION DESK (WCPD)
OFFICERS

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 By the end of this module, the participants
should be able to: 
 Know how to prepare for court testimony
 Recognize the importance of meeting with
prosecutors and private lawyers prior to
testifying in court
 Learn how to properly respond to direct and
cross examination questions

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 If you will deal with women, make sure you
understand the psychology of the battered
woman; know the effects; and refer her to a
good psychologist or a psychiatrist.
 Why?So if you are asked to testify for or against a
woman regarding injuries of any kind or on any
person, you will have context and background.

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 If you will deal with children, make sure you
understand the psychology of an abused child;
know the effects; and make a report to the
NGO or the police if you suspect abuse.
 Why? So if you are asked to testify regarding
injuries of any kind, you will have context and
background.

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 If you will deal with dead people, make sure
you understand how an autopsy should be
conducted; how a crime scene should have
been conducted; the importance of DNA
evidence; what a crime scene report should
include; and what your autopsy report should
include.
 Why? So if you are asked to testify regarding
injuries or death of any kind, you will have context
and background.

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 Defense lawyers will want to make you as
uncomfortable as possible

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 Trial is theatre

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 Trial is a puzzle

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 You must insist on being prepared

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 Every case has a theory

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 Watch your terminology

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 Be careful about what you place in your
records.
 Make sure you explain to the lawyer what
you meant: he might not get it, and it may
be used against the victim or whoever you
are being asked to testify for.
 If it’s not your area of expertise, don’t go
there

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 Make sure what you write is accurate

 A blotter is only to indicate who came to

see you to file a complaint, time and date
– NOT a place where you put in an
interview you had with other concerned
persons.
 Put that elsewhere.
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 Be ethically careful about whom you talk
to as there will be documentation

 DO NOT DESTROY OR DISCARD NOTES: and

if you do, explain why.

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 Sec. 20, Rule 130 –xxx all
persons who can perceive, and
perceiving, can make known their
perception to others, may be
witnesses.

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 Sec. 36, Rule 130 – a witness can
testify only to those facts which
he knows of his personal
knowledge..

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 Sec. 48, Rule 130 – the opinion
of a witness is not admissible…

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 Can testify as to what he heard, saw, felt,
tasted, smelt, etc.
 Cannot testify about the significance of those
observations
 Is severely limited in expressing opinions –
includes opinions as to guilt or innocence as
well as opinions about the causes of certain
events

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 Rule 130, Sec. 50: The opinions of a
witness for which proper basis is
given, may be received in evidence
regarding -

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 (a) The identity of a person about
whom he has adequate knowledge;

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 (b) A handwriting with which he has
sufficient familiarity;

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 (c) The mental sanity of a person
with whom he is sufficiently
acquainted;

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 The witness may also testify on his
impressions of the motion, behavior,
condition or appearance of a person.

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 You must meet the lawyer who will present you.
 Prosecutorsare as busy as you are. But, they want to win.
Make the effort to go and see the handling prosecutor.

 Your material must be reviewed

 Show the prosecutor all your documents, audio-tapes,
video-tapes, interviews conducted, etc.

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 You must ask for the basic theories of the
case

 Suggest how you can best assist

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 You must be completely familiar with the case
file:
 what was done,
 what was said,
 who said it, when it was said, and
 how it meshed with what others said

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 Debrief with lawyer after you testify

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 Know why you believe what you believe.
 Know why you don’t believe what you
don’t believe.
 Anticipate likely lines of questioning on
cross-examination.

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 Before the trial starts, walk in to the
courtroom and familiarize yourself where the
witness chair is located and the path you
need to take to get to it.
 This enables you to walk directly to the
stand in a forthright manner and be sworn in.

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 Arrive at court early

 Dress neatly and appropriately

 Be courteous with court personnel

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 This applies both on the witness stand and
off. Obviously this influences the judge, but
you never know who is "sizing you up," for
the other side, while you're waiting in the
hall.

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 In your official uniform.
 Studies have shown that your uniform helps
you enhance your credibility.

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 Rule 132, Sec. 5: Direct examination is the
examination-in-chief of a witness by the
party presenting him on the facts relevant to
the issue.

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 Speak clearly and slowly.
 When you are sworn in, look at the judge and say,
in a loud, clear voice, "I do."
 Once you are seated, sit up straight and look at the
questioning attorney, when answering make eye
contact with the judge.
 Answer all questions clearly, do not nod. If you nod
this will cause the court stenographer and the judge
to tell you to answer audibly and make it look like
you're not sure what you're doing.

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 Answer all direct examination questions
fully.
 Keep your hands in your lap. Keep them away from
your mouth.
 If you need to ask the judge a question, look at the
judge and say "Your Honor" wait till the judge gives
you permission before you ask the question.
 Listen very carefully to the question. Make sure you
understand it before you answer.

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 You, the witness, are the star of the show

 You have rapport with the lawyer

 You know what will be asked

 You know what the game plan is

 You say exactly what you want

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 Rule 132, Sec. 6: Upon the termination of the
direct examination, the witness may be cross-
examined by the adverse party as to any matters
stated in the direct examination, or connected
therewith, with sufficient fullness and freedom
to test his accuracy and truthfulness and
freedom from interest or bias, or the reverse,
and to elicit all important facts bearing upon the
issue.

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 If a question cannot be fairly answered with a
“yes” or “no,” say so.
 Answer the questions in your own words.
 Give concise and responsive answers
 Do not answer questions that are either
unclear or whose answers you do not know.

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 If an objection has been made, do not answer
yet; if you have began answering, stop
immediately.
 Ifeither attorney objects, stop talking, let the
judge rule on the objection and then continue.

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 Do not allow yourself to become nervous or
agitated.
 Avoid being combative. Let the attorneys get as
nasty as they want. They're more than likely
trying to "bait you." You stay cool and answer the
questions.
 If you make a mistake, admit it. Don't try to cover
it up. Nobody is going to hold it against you that
you made a mistake, but they will certainly hold
it against you if they think you're lying.

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 Do not memorize answers ahead of time.
 Know your facts, but don't try to say things word
for word. You will look rehearsed during your
testimony and then will not be able to handle
cross examination, where the questions are out of
sequence

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 Be confident but not arrogant.

 Be consistent on major points of your

testimony.

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 If the other side asks a question that you think
is objectionable, pause before answering and
give your attorney a chance to object. If he
doesn't, answer the question. If either
attorney objects, stop your answer and wait
for the judge to tell you to proceed.

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 Avoid looking at the prosecutor when
answering questions. This looks like your
asking for help and judge might interpret this
as a damaging question, even though your
answer makes perfectly good sense.

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 The lawyer is the star.

 The lawyer wants only monosyllabic answers.

 So you must alert the prosecutor as to the

points he must re-direct you on.

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 Looks count  Address counsel as
 Demeanor counts “sir” or “m’am”,
the judge as “your
 Be prepared
honor.”
 Tell the truth  Your job is to fully
 Remember you are answer questions
objective and asked.
impartial  Listen carefully to
 Be yourself the question asked.

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 Be cautious,  Do not accept
conservative, and restrictions or
qualified in expressing limitations on your
opinions. answers.
 Correct lawyers when  Speak in simple
they improperly English
characterize your  Know your audience
opinions.

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 Be the witness; don’t  Look at the judge
try to be the lawyer and the person who
 Look at defense is asking the
counsel and questions. Direct
your answers to the
concentrate when he
judge
is asking the question
 Learn how to
 Do not argue with effectively
defense counsel communicate in
court. You have to
persuade the
judge.

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 If the judge is asleep, stop talking.

 If the judge is not paying attention, stop talking.

 Remember you are talking to the judge – not the

lawyers.

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 You may refresh your memory by referring to
anything that:
 you have written or recorded,
 or caused to be written or recorded,
 at or about the time of the occurrence or
anytime thereafter, when the facts were still
fresh in your memory and you knew that the
report was correct. [Rule 132, Sec. 16]

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 However, the defense counsel is entitled to
cross-examine you on the report.

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 Where you do not recollect the particular
facts, you can answer on the basis of a
writing or record, as long as you can swear
that it correctly states the occurrence when
the writing or record was made. [Rule 132,
Sec. 16]

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 However, your testimony as well as the
writing or record will be received with
caution.

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 State certain unique characteristics that
identify the item and state how you know
that that is the exhibit in question

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 Trace the chain of custody of the exhibit
accounting for its whereabouts from the time
it was involved in the controversy until the
time it makes its appearance as an exhibit

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• State certain unique characteristics that
identify the item and state how you know
that that is the exhibit in question

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 Rule 132, Sec.3: A witness must answer
questions, although his answer may tend to
establish a claim against him. However, it is
the right of a witness:

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 (1) To be protected from irrelevant,
improper, or insulting questions, and from
harsh or insulting demeanor;

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 (2) Not to be detained longer than the
interests of justice require;

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 (3) Not to be examined except only as to
matters pertinent to the issue;

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 (4) Not to give an answer which will tend to
subject him to a penalty for an offense
unless otherwise provided by law; or

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 (5) Not to give an answer which will tend to
degrade his reputation, unless it be to the
very fact at issue or to a fact from which the
fact in issue would be presumed. But the
witness must answer to the fact of his
previous final conviction for an offense.

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 Master the facts.

 Read all pertinent documents immediately

before the hearing.

 TURN UP IN COURT… why risk demerits because

you ignored a subpoena?

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 The opposing lawyer is
as likely as nervous as
you
 You have considerable
control over how the
cross is conducted
 Listen, listen, listen to
question
 Always be professional
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 Cross is not a debate
nor search for truth:it is
an assault, part of the
adversarial process
 How would you deal
with question if asked in
the real world
 Always be honest
 Opposing counsel will  A stupid question is
stand too close to you,
or approach you, or
stand behind you.
 Ask that lawyer be
returned to the
bench: “has counsel
finished with the
documents?”
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asked to mislead the
judge.
 Use the facial
expression which
best reflects your
knowledge of the
stupidity.
 Opposing counsel  Avoid repeating
screams, shouts and legalese and formal
pounds the table. or technical language
 Be prepared. which opposing
counsel will use to
mislead the judge.

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 If you don’t understand a ruling of the
judge, ask the judge if you should answer a
question

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 Be honest.

 Be professional

 Be prepared

 Stay above the fray. Let the lawyer be the

advocate. Don’t be baited.

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Documentation
Police officers are “fact” witnesses
Pre-trial preparation
Manner of testifying during trial
Direct examination
Cross examination
Useful tips

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