Preparing For Court:
A Community-Oriented Policing Model
Dr. Richard Holden
Central Missouri State University
Introduction
• Successful trial performance is directly
related to successful case preparation.
• The proper point and time to begin
preparation for trial is upon receipt of
the initial call for service.
• Handle every call as though it will go to
trial.
On-Scene Preparation
• Conduct sound preliminary
investigation.
• Protect the scene and physical
evidence.
• Note spontaneous statements.
• Take statements from witnesses.
Witnesses
• Witnesses are the keys to successful
investigation.
• The reality of police effectiveness is
simple:
• “The police solve crimes when someone
tells them a crime has been committed
and someone tells them who did it.”
Witness Preparation
• Preparing a witness for court begins at
the scene.
• Police officer professional conduct and
courtesy help to allay witness fears.
– Fear of angering others.
– Fear of being targeted by the suspect.
– Fear of lengthy, and potentially costly,
involvement with legal processes.
Station Preparation
• Station procedures are a continuation of
actions started at the crime scene.
• Physical evidence should be carefully marked
and processed.
• While officer’s memory is fresh, notes should
be carefully reviewed and completed in a
neat and orderly manner.
• Final witness interviews should be completed.
Witness Interviews at Station
• Witnesses should be interviewed in a
thorough and timely manner.
• Once more, professionalism and courtesy
coupled with consideration for witness fears
and convenience, should be of primary
importance.
• Remember, witnesses will be asked to testify
in court. Their willingness to do so is often
related to their assessment of the
investigating officer.
Prior to Trial
• Officers should refresh their memory
by reviewing their notes.
• Officers should meet with the
prosecutor to discuss the case and
organize its presentation.
• Officers should verify identification of
the physical evidence and ensure its
availability for court.
Witnesses Preparation
• Witnesses should also be advised that
the court date is growing near. They
have the same need to refresh their
memory by reviewing their statements.
• Witnesses should be advised of
appropriate courtroom attire and
demeanor.
• The officer should take this opportunity
to encourage the witness.
Factors of Encouragement
• Demonstrate appreciation for his/her
willingness to testify.
• Demonstrate Understanding for the
individual’s growing nervousness.
• Explain how the court process will work.
• Emphasize the need for the witness to
be truthful and honest in the
presentation of testimony.
Courtroom Preparation
• When possible, officers should escort
witnesses to court or, at least, meet them in
front of the courthouse.
• Officers should sit with the witnesses in
witness rooms and engage in casual
conversation.
• Remember that witnesses are nervous. A
calm demeanor and quiet encouragement
will help alleviate witness fear.
Courtroom Attire
• Police and witnesses should conform to
the basic rules of good courtroom
demeanor.
• Be on time.
• Dress conservatively in business attire.
• Be neatly groomed.
Responding to Attorney
Questions
• The witness should maintain good
posture on the witness stand.
• Respond to all questions honestly and
with courtesy.
• Responses should be directed at the
person asking the questions.
• All answers should be concise and to
the point.
The Witness/Attorney
Relationship
• All answers must be truthful. If the
witness is uncertain of the answer or
does not know the answer, that should
be stated. If the witness is confused by
the question ask for it to be restated.
• Witnesses must never engage in a battle
of wits with attorneys.
• Witnesses must remain calm and poised
while giving testimony.
Causes of Witness Failure
• Poor attitude
• Arrogance or hostility
• Poor preparation
• Poor appearance
• Convey poor image to judge and/or jury.