Many people are afraid of public speaking; experts call it glossophobia and will point to numerous studies showing it is more prevalent than fears of death, spiders, or heights.¹

Sometimes that fear is simply irrational, but at other times, it is a reaction to real pressure.

Good testimony from the lead police officer at a trial or hearing can make a huge difference in the outcome of a case. Indeed, even with the advent of body-worn cameras, officers’ direct testimony is one of the most important elements in many criminal cases. Professionally delivered, clear, and strong testimony can make a case a “slam dunk” for a prosecutor. On the other hand, unprofessional, weak testimony can lose a case where the other evidence supports a conviction.

A lot rides on police testimony, and this pressure means many officers, even the least glossophobic of officers, find this part of their jobs to be stressful and unpleasant.

One of the strongest tactics for an officer in testifying well is preparedness. There have been numerous books and articles written and classes taught regarding the preparation of a police witness for trial and hearing testimony. This mountain of material is good and helpful in preparing an officer for testimony—and following the advice and training is, of course, to be recommended.

Yet, cops are busy. A practical reality is that most police officers will not always have the time to go through an involved preparation process to be ready to testify in most cases. However, there are six simple tricks that can be very helpful and more feasible for many officers.

It’s important to note, first, any techniques suggested herein are superseded by whatever pretrial preparation is directed by the lead prosecutor of the case. Obviously, if an experienced trial attorney assigned to a case is asking the officer to go through a particular process to prepare for a case, it is a good idea to listen. Even novice prosecutors have their own insights into their cases and their own ways to prepare.

1. Do a Pretrial Interview

When the author became a prosecutor, veterans offered advice to “always pretrial interview your witnesses and all pretrial interviews should be face to face.” However, the reality was that pretrial interviews often didn’t happen and quite frequently they were done on the phone. That is not completely useless; even a short telephone conversation containing the relay of a summary of testimony between an officer and prosecutor can be invaluable in terms of the prosecutor and officer both being better prepared for trial. Often, the most important information is not even about the underlying substance of an officer’s reports, but simple things, like what time to show up, where to sit, the basic nature of the judge (“don’t try to be funny with Judge Smith”), and other surface-level details. Having a “sneak peek” at these matters make an officer feel and look confident when entering court.

Sometimes, a prosecutor will neglect to schedule a pretrial. An officer preparing for a trial should not wait, but can initiate contact with the prosecutor upon receiving the subpoena: Ask them for a pretrial interview (and document it).

Sometimes, no matter how well you do as a witness, a case can be lost. In those cases, unfortunately, some prosecutors will look to shift blame and excuse the loss or their own failings by claiming the officer did a poor job on the stand. Being able to point to an email or text message where you asked for (and did not receive) a pretrial conference goes a long way to stop this blame shifting in its tracks.

If all you get is a phone call from a prosecutor asking you to be ready to testify in court, use that call to your advantage. In such a call, ask the prosecutor for the basic outline of what the prosecutor expects you to testify to. If the prosecutor gets into the details of the planned testimony, that is allowable—just don’t change your testimony based on this. If there is a discrepancy, let the prosecutor know that their understanding of the facts and your memory are different, so they are not caught by surprise during the actual testimony. Also, ask where the courtroom is, where you should sit, what time to be there, and if there are any other such details the prosecutor thinks are relevant. Knowing these seemingly minor things can make you feel at ease and confident.

2. Be Confident

A big part of being found credible by a judge or jury is an officer looking (and feeling) confident. If a pretrial conference cannot be arranged, try to obtain some basic information from another source. A more experienced officer can probably provide the basics (e.g., where the courtroom is, where to sit, what time to be there). A last resort is simply to look up the particular court on Google and call asking for the clerk or bailiff.

It is important to get the case name and number; write it down in a smart-looking notebook and bring it to court (even if it has nothing else written in it). That way, you are not rushed and walk into court with the confidence that you know where you are going. Likewise, dress the part. Come in with a clean and pressed uniform or wear a suit and tie. This can be tough for officers coming off a night shift, but the bump in confidence an officer will have with shined shoes, a pressed shirt, and a squared away duty belt will make their testimony much better and make their time on the stand more comfortable. There is only one place in the world where a necktie makes you feel more comfortable, and that is when you are sitting in the witness stand.

3. Read the Reports and the Statutes

The number one confidence builder is to have some memory of the case, and toward that end, reading the reports is a must.

It is obvious that a basic step to being prepared is to pull and read your own report in a case before testifying. Less obvious is reading the reports other officers may have filed. You cannot generally testify as to facts in other reports at trial, but knowing where your report and the information you gathered fit into the larger police investigation is important as it gives you some context as to what the case is about and how your testimony fits in.

While many detectives read relevant appellate cases dealing with a matter on which they will be testifying, that is probably a little beyond a “speedy preparation.” But, it is simple and easy to pull the criminal statutes with which the offender was charged. Most officers are confident in their knowledge in this regard, but there may be some little detail within the statute that is important. In preparing for trials, mistakes have been caught in an initial charging and mistakes prosecutors have made in adding charges; often a prosecutor can make corrections prior to trial in charging documents and even when they cannot, avoiding unpleasant surprises is only for the good. However, in the overwhelming number of situations where the charges are just fine, reading over them gives you an understanding of where the case needs to go, and it helps you know what to expect.

4. Watch the Footage

Most officers are enthusiastic supporters of body-worn cameras—they cut down on false claims on inappropriate officer behavior and they end a lot of old defense attorney games that are meant to confuse and otherwise question an officer’s recall accuracy. If there is body-worn camera (BWC) footage, reviewing the footage from all officers on scene is smart. It is also smart to review any audio portion of camera footage taken during a transport by any officer: no officer who has ever done a transport of an arrested person from a crime scene would be surprised at the unnecessary and unexpected information some arrested persons offer up without being asked. That said, many officers will find themselves pressed for time and not be able to review large portions of BWC footage. It is strongly urged that even in those situations, the officer take the time to view their arrival on scene and the actual ending of their on-scene investigation (usually an arrest) as that will at least contextualize the situation for the officer. Those moments are also likely to be fainter memories than the actual scene and interactions with people.

5. Summarize the Case

A really important stage to witness pretrial and pre-hearing preparation that is often overlooked is preparing a summary.

After becoming familiar with the reports, prepare a short “bare bones” summary. This is much like a compiling the facts for a probable cause arrest. Try to pare the facts down to those that clearly and succinctly summarize the matter. You should be able to do this in a sentence or two, but it should have a beginning, middle, and ending (usually the arrest of the perpetrator).

Then make note of three key elements:

1. 1. What persons you talked to who had something to say that is important regarding this summary (good or bad).
   2. What things you observed that are important to the summary.
   3. What physical evidence was collected that is important to the summary.

While this vastly oversimplifies the material an officer may be expected to testify on, it is not intended as a complete blueprint. Rather, it is intended to be a very quick process whereby an officer can quickly gain basic proficiency in a matter they will be testifying about. It is simply a five-minute process performed after reading the available reports with the intent to contextualize the information quickly so there is a mental structure for the witness that aids in recall and communication.

6. Anticipate Cross-Examination

After writing the summary, try to anticipate questions you might be asked by opposing council.

Many officers try to give full answers to a prosecutor and, upon cross-examination, try to limit their answers or even give one-word replies when possible. However, keeping your answers short in both direct and cross-examination can be smart. A competent prosecutor can expand any answer you may give and get you to talk further on any point he believes important. Conversely, if you over talk and something you say is problematic to the case, there is often little that can be done to rehabilitate that testimony.

By preparing for cross-examination, you are ready to smoothly and professionally provide the requested information in a helpful manner.

That’s right, helpful. You have participated in the arrest of an individual accused of a crime; your actions are well meaning and grounded in an honest desire to see the truth come out. While some defense attorneys may not care about the truth, all of them will act as if their purpose in questioning you is simply to get at the truth. Approaching defense counsel’s questions during cross-examination with a helpful demeanor is both appropriate and a good display for the jury or judge to see. Don’t treat the defense attorney as an enemy. If you are lively and attentive with the prosecutor, and then shut down during cross-examination, it will look like you have something to hide or have some bias. Remember, good defense attorneys can make themselves very likeable; and by the time you are sitting in the witness stand that defense attorney may have had days or weeks to ingratiate themselves to the jury. Even when in front of a judge, most judges know and interact often with the good defense attorneys in their jurisdiction. Picking a fight and coming across as confrontational is usually a losing proposition. As a witness, take your time when listening to questions from both attorneys, and then answer them both respectfully and in as similar a manner as possible. Avoid sounding condescending and try to come across as sincere. For example, if the need arises for a question from defense counsel to be repeated or rephrased, try adding in “Counsel, I would like to help you understand this, could you please rephrase so I can?”

Of course, being helpful lessens the chance a defense attorney will themselves be unpleasant with you for the simple reason that it increases the chances you will look more professional and more trustworthy.

7. Keep Perspective

Police officers like to think of a case as “my case.” Most officers see themselves as heroes fighting evil and injustice. As such, they feel an understandable emotional investment in the disposition of a case where they are involved. Yet in the end, a police officer’s job is to keep people immediately safe and then to decide which matters need to be moved along and put into the hands of a prosecutor (by charging the offender). It is the prosecutor’s job to take it from there. An officer’s job is not to “win” or “lose” a case, but to be truthful on the stand; weak cases are weak cases even when they are against bad guys. Removing some level of emotional attachment to the end result (which is neither your responsibility nor in your control) reduces some of the pressure. Tell the truth, be as accurate as possible, be professional and serious, and do your best to keep your role in mind.

Takeaway

There are a lot of tips out there for officers preparing to testify. A whole book can be written on the subject (and indeed many have been). This is not intended as an exhaustive guide, but rather a way officers can quickly prepare when pressed for time. It also is not a “must do” list; it is a series of observations and “hacks” that are designed to help an officer prepare quickly, whether they intend on investing five minutes or several hours; any portion of the tips presented can be used to speed up the preparation process. d

Note:

¹Ruben Kesherim, “49 Fear of Public Speaking Statistics (Prevalence),” Supportive Care ABA Blog, July 23, 2023.

Please cite as

Chris Claus, “Seven Speedy Tips for Testimony,” Police Chief Online, November 1, 2023.