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Lesson 5.

6 Court Practices

LEARNING GOAL

At the end of this lesson, the participants will


be familiar with the actual court procedures,
practices and proper decorum.

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

OBJECTIVES
At the end of the lesson, the participants will be
able to:
• Define “court demeanor” and “cross-
examination”;
• Identify the preparations of the witness
before going to court;
• Enumerate the Rights of a witness;
• Identify the arguments in cross-examination;
• Explain the proper demeanor inside court;
and
• Explain how the presiding judge, the
witnesses, the public prosecutors, private
prosecutors, clerk stenographer, police and
BJMP and others do their part.
Investigation Officer’s Basic Course 1
Lesson 5.6 Court Practices

ORDER OF PRESENTATION
I. INTRODUCTION

II. COURT DEMEANOR

III. CROSS EXAMINATION

IV. DIRECT EXAMINATION

V. MOOT COURT

VI. COURT OBSERVATION

VII. SUMMARY

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

BACKGROUND

The purpose of this module is to enhance


our investigator on basic investigative
education of our law enforcers as regards in
testifying in court is concerned.

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

II. COURT DEMEANOR

It refers to proper conduct in court


like proper attire, courteous language,
obedience to court proceedings and due
observance with the same with utmost care
while in the court room.

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

Preparations before going to


court
1. Check your clothing and appearance.
2. Review your records, personal notes, and
reports.
3. Arrive in court on time.
4. Express your concerns about the case with your
attorney.
5. Find out where the witness room or waiting area
is located.

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

Preparations before going to


court
6. Remain at the location until you are called as a
witness
7. Dress like a professional
8. Always be neat and clean
9. Wear only functional jewelry

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

Preparations before going to


court
10. Master the facts of the case.
11.Read all pertinent documents immediately
before the hearing.
12.Look at the defense counsel & concentrate
when she/he asks you a question.
13. Direct your answer to the judge.
14.Address counsels as “Sir” or “ma’am” and the
judge as “your Honor”.

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

Preparations before going to


court
15. Do not argue with defense counsel.
16. Give concise and responsive answers.
17. Be confident but not arrogant.
18. Be consistent on major points of your testimony.
19. Do not look at the prosecutor for clues to what
you should answer

Investigation Officer’s Basic Course


Lesson 5.6 Court Practices

III. EXAMINATION

The interrogation of the witness upon a


trial hearing, or taking a deposition, by the
party opposed to the one who produced
him, upon his evidence given in chief, to test
its truth, to further develop it.

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

Arguments in Court Examination

1.Lack of opportunity to know;


2.Mental or sensory deficiencies;
3.Inattention;
4.Faulty memory;
5.Suggestion;
6.Unsound judgment

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

IV. DIRECT EXAMINATION

The primary questioning of a witness during a


trial that is conducted by the side for which that
person is acting as witness.

Redirect and re-cross examination - the lawyer’s


chances to question the witness again, before the
witness finishes testifying

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

Things to consider during the


cross ,recross, direct and redirect
examination:
1. Speak clearly and slowly.
2. Listen carefully to the question; answer only what
is asked.
3. If a question cannot be fairly answered with a yes
or no, say so.
4. If an objection is made, the question should not
be answered; if you have begun to give an
answer, stop immediately.

Investigation Officer’s Basic Course


Lesson 5.6 Court Practices

Rights as a witness

1. To be protected from irrelevant, improper or


insulting questions
2. Not to be detained longer than necessary.
3. To be asked questions only on matters
pertinent to the case.
4. Not to give an answer which will implicate you
in a crime or wrong-doing.
5. Not to give an answer which will degrade your
reputation unless it is an issue relevant to the
case.

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

V. MOOT COURT

The students will be divided into four (4)


groups. Each group will be having an actual
presentation in mock court trial regarding actual
cases being studied by the group during their
research period.

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

VI. COURT OBSERVATION

During the actual court observation,


students should learn how the presiding
judge, the witnesses, the public
prosecutors, private prosecutors, clerk
stenographer, police, BJMP and others
perform their tasks.

Investigation Officer’s Basic Course 1


Lesson 5.6 Court Practices

VII. SUMMARY
At the end of the lesson, the participants were
able to:
 Define “court demeanor” and “cross-
examination
 Identify the preparations of the witness before
going to court
 Enumerate the Rights of a witness
 Identifythe arguments in cross-examination
 Explain the proper demeanor inside court
 Explain how the presiding judge, the
witnesses, the public prosecutors, private
prosecutors, clerk stenographer, police, BJMP
and others do their part. 1
Investigation Officer’s Basic Course

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