Deck 15: How to Testify Effectively

Question 1

A subpoena is a court order demanding the presence of a person in court as a witness.

Answer 1

True

Question 2

The defense attorney may make insinuating remarks in an effort to devalue the officer's testimony.

Answer 2

True

Question 3

The law enforcement officer's service record will not become the subject of cross-examination.

Answer 3

False

Question 4

The officer will always have a pretrial interview with the prosecutor.

Question 5

The officer may be responsible for the introduction of physical evidence,and should prepare it for proper presentation.

Question 6

Necessary arrangements should be made with the trial attorney if the officer is going on vacation,or is scheduled to work during the trial.

Question 7

The officer must be careful,while the prosecuting or defense attorneys are speaking,to avoid facial expressions that will convey to the jury the officer's feelings.

Question 8

An officer should not discuss the case with his or her partner or superior officers,or seek advise one how to testify.

Question 9

The officer should dress casually,so as not to look intimidating or threatening on the witness stand.

Question 10

The witness will be permitted to answer the question posed by the attorney if the judge overrules an objection.

Question 11

When an officer has failed to fully follow department procedures,testifying truthfully is the best course.

Question 12

If the defense attorney continues to look at the officer after the officer has completed his or her answer,then the officer should continue to try to answer more completely.

Question 13

The witness's role is to tell whatever he or she knows about the facts that are favorable to the party who called the witness.

Question 14

An officer is allowed to bring and to refer to personal notes on the stand.

Question 15

If the witnesses have been excluded from the courtroom and the officer goes into the courtroom and sits down,the judge may determine that the officer's act is cause for a mistrial.

Question 16

When the judge overrules an objection,the witness is prohibited from answering the question posed.

Question 17

If an officer is put on-call to testify,he or she may not need to personally appear in court.

Question 18

If the officer uses a pocket notebook containing notes to refresh his or her memory,the defense attorney may look through the entire notebook,even if it contains the officer's personal information.

Question 19

Profane or vulgar terms must be avoided while testifying,even if the officer is repeating the exact words used in a conversation.

Question 20

Officers should not mention the criminal record or prior conviction of the defendant unless that point has been directly asked.

Question 21

Which of the following persons should the officer not speak to during court recesses?

A)The defendant
B)The prosecuting attorney
C)The court reporter
D)The officer's family members

Question 22

The witness sequestration rule:

A)prevents witnesses from discussing the case before testifying.
B)prevents one witness from hearing another witnesses' testimony.
C)encourages witnesses to work together and corroborate their stories.
D)allows witnesses a chance to rehearse their testimony before testifying in the court room.

Question 23

If the officer does not know the answer to a question,the officer should not answer by stating,"I do not know."

Question 24

If the officer is unable to remember a detail of the case,he or she should:

A)state "I do not recall at this time,but I might remember later."
B)state "I do not recall."
C)state "I do not recall,but please continue with the questioning."
D)make a good guess.

Question 25

Each of the following are ways an officer may receive notification to appear in court to testify except

A)receiving a subpoena through direct service.
B)receiving a call from the prosecutor requesting the officer testify.
C)receiving a letter from the prosecutor requesting the officer testify.
D)receiving a subpoena through the subpoena control department of the station where the officer works.

Question 26

It is improper for the officer to discuss the facts of a case with anyone before testifying.

Question 27

The oath will be administered

A)a second time if the witness is called back to the stand during the same trial.
B)before or after the witness get in the witness box.
C)by the prosecuting attorney.
D)the exact same way in all courts because U.S.court procedures have all been standardized.

Question 28

Although the officer should become as familiar as possible with the facts of the case,the officer is not expected to be able to recall certain minute details,such as serial numbers,measurements,or license numbers.

Question 29

If the defense attorney asks an obviously absurd question,the officer should give an equally absurd or curt response.

Question 30

If the trial of a case is continued,who will excuse the witnesses and advise them to return at a later date?

A)The defense attorney
B)The superior officers in the police department
C)The prosecuting attorney
D)The judge

Question 31

If a question is asked in a misleading or ambiguous way,the officer should ask that the question be clarified.

Question 32

When should a conference with the prosecuting attorney concerning the officer's testimony take place?

A)Prior to the trial date
B)After the trial date
C)During a recess at the trial
D)No conference between the prosecuting attorney and the officer is allowed

Question 33

When an objection is made by the prosecuting attorney to a question asked by the defense attorney,the officer should:

A)look to the defense attorney for an explanation of the objection before answering the question.
B)answer the question immediately.
C)wait for the judge to rule upon the objection.
D)look to the prosecuting attorney for a signal to proceed with the answer.

Question 34

Many prosecutors suggest that the officer appear in court in civilian clothing rather than in uniform for all the reasons except:

A)jurors may tend to associate the officer in uniform with the traffic citations they have received.
B)to some jurors,the uniform and badge may represent authority that they resent.
C)the jury may be able to better relate to an officer in civilian clothing and give more weight to the officer's testimony.
D)so that the defendant will not be able to recognize the officer.

Question 35

When a conference with the prosecuting attorney concerning the officer's testimony should take place?

A)Prior to the trial date
B)After the trial date
C)During a recess while the trial is in progress
D)No conference between the prosecuting attorney and the officer is permitted

Question 36

When an officer has been notified to appear as a witness,the officer should prepare to testify in all of the following ways except

A)give all of the facts of the case to the prosecutor.
B)review the case with the officer's partner or superior officers and seek advise on how to effectively testify.
C)make necessary arrangements to be available on the trial date.
D)request relevant documents from the defense attorney.

Question 37

The "well" is the

A)jurors' area.
B)area between the judge's bench and the counsel tables.
C)witness stand.
D)judge's bench.

Question 38

A subpoena will include all of the following except:

A)the name of the defendant.
B)where and when to appear in court.
C)whether the officer should make a personal appearance in court.
D)the proper courtroom attire to be worn by the officer.

Question 39

An example of an argumentative question that is objectionable by the opposing attorney is:

A)"How long have you been an officer of this police department?"
B)"What did you observe when you arrived at the scene on the night in question?"
C)"Have you been called as a witness to testify in similar cases?"
D)"Do you still drink a six pack of beer before going to work?"

Question 40

While on the stand the officer should avoid all of the following except

A)fidgety behavior.
B)chewing gum.
C)eye contact with the jury.
D)using offensive language unless necessary.

Question 41

Which of the following is not an appropriate response to a question asked during cross-examination?

A)Yes.
B)No.
C)I don't know.
D)I don't want to answer that question.

Question 42

During cross-examination the questions should be limited to

A)the officers knowledge of the particular case.
B)police procedures.
C)only the matters discussed during direct examination.
D)there are no restricted lines of questioning,the defense attorney can question the officer as to any matter.

Question 43

Which of these questions will most likely be asked of the officer first by the prosecuting attorney?

A)What did you observe when you arrived at the scene?
B)Can you describe the person's attire?
C)How long have you worked as a police officer?
D)At what time did you receive the 911 call?

Question 44

Describe three mistakes an officer should avoid in order to not have a negative impact on the jury.

Question 45

An officer may review his or her report

A)briefly,to refresh his or her memory.
B)throughout the testimony.
C)only after the defense counsel has reviewed the report.
D)only when asked by the judge.

Question 46

List three duties of an officer at a crime scene that will aid the prosecution at trial.

Question 47

Who should the officer's testimony be directed to?

A)The judge
B)The jury
C)The attorneys
D)The defendant

Question 48

All of the following are reasons why an officer should avoid using jargon while testifying except

A)the jurors will lose the meaning of the officers testimony.
B)the officer may become confused.
C)the defense attorney may challenge the officers knowledge.
D)the jurors may resent the officer.

Question 49

When asked a question,the officer should not

A)volunteer additional information.
B)respond with "I don't know."
C)request to view the officer's police report to refresh his memory.
D)ask the attorney to rephrase the question.

Question 50

During an officer's testimony,what should an officer do when the prosecutor has overlooked what seems to be a crucial element of the questioning?

Question 51

Describe the tradition of the "well," and describe how the officers should approach the witness stand.

Question 52

How can the officer portray to the jurors the best possible impression of himself or herself as a police officer?

Question 53

An officer should put all needed information for trial

A)in a report.
B)on the hard-drive of his computer.
C)on a flash drive.
D)The officer should try and memorize all needed information.

Question 54

Describe the two ways in which a judge may respond to an objection.

Question 55

How can an officer's testimony endanger the efforts of the prosecution?

Question 56

An officer may be asked all of the following preliminary questions except

A)"How do you spell your name?"
B)"How long have you worked for the police department?"
C)"What is your rank?"
D)"Do you believe in God?"

Question 57

On cross-examination the defense attorney may do all of the following except

A)try to devalue the officer's testimony.
B)try to anger the witness.
C)be very complimentary to the officer.
D)attack the credibility of the officer for his or her lack of faith in God.

Question 58

List some ways in which an officer can improve his or her skills as a witness.

Question 59

How should the officer refer to the defendant while testifying?

A)The officer should point to the defense table.
B)The officer should only refer to the accused as "The defendant."
C)By name,or alternatively by what the defendant is wearing.
D)By an alias to protect the defendants identity.

Question 60

Describe appropriate court attire for the police officer.

Question 61

Why must the officer avoid any display of emotion as a spectator in the courtroom?