The responsibility of law enforcement does not end with going to the scene of the crime or catching the bad guys. It also includes coming to court and testifying as a witness to help serve justice on cases one has worked on. Cross-examinations’ seemingly inherent nature is to cause stress on whoever gets called to the stand – be it a civilian who got entangled in a case for the first time or a sworn officer who’s worked and testified on plenty of these.

This session’s instructor is Jessica Rock. One of Justice Clearinghouse’s regular resource speakers, she is a Homicide/Special Victims/Animal Cruelty prosecutor from Georgia. In her role, she shares her expertise by conducting training and support to law enforcement, animal control officers, prosecutors, judges and veterinarians on the end-to-end process involved in case investigations and trial.

On this course, Jessica will unpack in great detail guidelines and pointers in what she calls the road map to surviving cross-examination. She discussed:

• What cross-examination is, its goal, and what happens in it.
• The importance of case preparation which really starts as soon as a call is made and response is deployed.
  • Beginning with the end in mind by treating each call as if it is a case that will go to trial.
  • The standards of proof and applicable laws to familiarize with to build a strong case.
  • Preparing the witness to the possibility of testifying and helping them to get over common fears.
• The tedious but critical task of report writing.
  • How a well-written report can save time when preparing for and dealing with cross-examination.
  • The qualities of a good report that must be factual, detailed, accurate, chronological and organized.
  • Using the first person point of view and active voice when writing and the importance of correct spelling and proper grammar in reports.
  • The often negative implications that come with incomplete or missing information.
  • Detailing which things and procedures were done and not done.
• The pressure-filled courtroom presentation.
  • Preparing for a courtroom presentation from receiving the subpoena to the day of the court appearance.
  • An overview of what to expect with direct examination and cross-examination.
  • Going on a pre-trial conference with the prosecutor to discuss points of the case – including weak ones that are likely to be dissected by the defense attorney.
  • The importance of updating one’s resume/CV and maintaining a list of certifications and other credentials that build up credibility.
  • Demeanor and appearance expected in court – from arriving, hallway conversations, entering the courtroom, taking the oath, to interacting with the judge, jury and defense attorney.
  • How the jury perceives and interprets a person’s character based on language, appearance, and non-verbal cues.
  • Qualities that make a witness credible and what causes witness failure.
  • The specific instructions the judge gives to the jury when deciding and deliberating on the witnesses’ credibility.
• Understanding the role of the defense attorney in the courtroom.
• The critical cross-examination component in court trials.
  • The scope of cross-examinations and the defense’s goal.
  • Common defense attorney’s tactics during cross-examinations, how to navigate around these, and other tips.
  • Key to effective responses in cross-examinations.
• Jessica provided clarifications for the webinar attendees’ questions on:
  • Dealing with a defense attorney who wants to talk with a witness prior to a trial.
  • The acceptability of looking into your notes to reference numbers and other complicated interpretations and results.
  • How spelling and grammar on written reports can impact how others perceive one’s thoroughness and credibility.
  • Including legal conclusions in the report.
  • Fostering open communications and working relationships between law enforcement and prosecutors.
  • Going through the questions that will be asked in the direct examinations.

Audience Comments

• “All the slides were outstanding and I really do appreciate all the great information in this webinar!!” — Ronald
• “Detail on how an LEO should be in court and how to present his/her information. I appreciate knowing how we might be tripped-up.” –Charles
• “Everything was useful but I found the Jury details particularly useful. Something I wasn’t aware of or haven’t heard in other trainings.” –Keri
• “I have never testified before but in my new role as a child abuse pediatrician I expect to be called to testify. the information was helpful as regards the general approach taken by the defense and how to handle those sort of situations.” –Shawn
• “Reinforcing important details while testifying, such as avoiding becoming hostile or taking things personally. The course content was pertinent and much appreciated.” –Aaron