Consider that a trial is a fair contest, in which lawyers contend to be an adversary system of justice, thereby creating it as the cornerstone of our legal system. It is basically a contest between two parties that have equal opportunity to triumph because each party has lawyers with equal foundation and familiarity with the law and know how to make the most of their talents. This may be particularly evident in criminal cases where the power of the state can overwhelm the individual to a great extent. In other countries, the court system is quite different than that in the United States. Many persons may face a judge who is in reality not impartial and who is both judge and prosecutor, holding that the defendant is guilty until proven innocent. Whereas in our system, the judge is supposed to be impartial and have an open mind. The public prosecutor (the District Attorney, State’s Attorney or U.S. Attorney) has the burden to prove that the defendant did or could have com-mitted the crime or offense that he or she is accused of. On the other hand, the lawyer for the accused need only raise a doubt in the minds of the judge or jury for an acquittal.
Whether it is a criminal or civil case that concerns an individual or a group, access to a lawyer is a right, in which he or she has a legal responsibility and obligation to the client who has been charged or wronged in some manner. A judge presides at a hearing or trial to determine that the public’s interest is pro-tected along with the rights of the parties involved. Knowing the law and the
rules and procedures that can be applied, the judge will rule on the evidence to be submitted and the lawyers who may wish to bend or twist the law in their client’s interest.
Testifying at Trial
The average citizen rarely enters a courtroom, and more rarely is called as a witness before the court. Most legal matters never reach the trial stage because they usu-ally get settled for one reason or another. Because civil litigation is becoming more prevalent in our society, the PI has a greater chance of ending up in court than does the typical citizen.
When appearing at any hearing or when testifying in any court, the investigator should have a presentable appearance. The male investigator should wear a clean shirt, tie, and suit or sport jacket. The female investigator should wear a dress or a suit with a skirt or slacks. Jeans or dungarees should never be worn in court. Shoes should be appropriate and shined, and generally the investigator should be neatly groomed. The courtroom operates in a formal atmosphere. Out of respect, informal attire is considered inappropriate. The court and jury will consider the investigator as unprofessional and unsuitable if they appear in court wearing jewelry such as eyebrow, lip, tongue, or nose rings, or any other unsuitable adornment.
The investigator should also be on time, be attentive, and be responsive. As an investigator or security officer, you should review all reports and statements so as to refresh your memory prior to testifying. Generally, before any proceeding, you will be required to consult with the prosecutor or attorney representing you or your employer concerning the case in question, your testimony, and what to expect from both sides. Remember that the judge, jury, and opposing side are closely watching a witness’s dress, appearance, demeanor, and presence of mind while on the stand.
While on the witness stand, you should speak clearly and loudly enough to be understood by the judge, the attorneys, and the jury, if any. Your head should be kept high with hands on one’s lap, and try not to use hand gestures or become fidgety. You should answer all questions put to you by the prosecutor or any attor-ney truthfully and as briefly as possible. Do not attempt to clarify or add infor-mation not asked. The idea of the opposing attorney is to discredit or destroy your testimony. He or she will try to make you angry and try to confuse you in
Although not perfect, the legal system we have in the United States is the only one in the world where an individual may find evenhanded justice and protection from illegal prosecution by the government.
Based on court judgements, mandates, and precedents, there is no other country so careful to protect the legal rights of a person accused of any type of crime or offense, or where a citizen has the right of redress in the appropriate court for a harm committed against them.
your testimony; he or she will become angry, rude, and annoying and will ques-tion your character, veracity, and integrity. Try to act and speak calmly, and do not become frustrated or angry with the attorney—realize that the attorney is just doing his or her job, whether you like it or not. Answer all questions honestly. If you do not know the answer, say so. If you do not understand the question, ask to have it repeated or clarified. Take your time in answering—the prosecutor or your attorney may wish to object to the question.
Behavior on the Witness Stand
When a private investigator, security officer, or any witness for that matter, is to testify in court, whether a criminal or civil case, he or she should be cognizant of the following:
Never Lie, Tell the Truth
◾ —If you perjure yourself, you commit a crime. Never expound on an answer even though it is the truth. Provide only the answer to the exact question that is asked. It is all right to say, “I don’t remember,” or “I don’t know.”
Listen Carefully
◾ —Pause before answering. Think and understand the tion before you answer. Take your time. If you do not understand the ques-tion, ask that it be repeated or rephrased.
Never Guess
◾ —If you do not know the answer, state simply that you do not know. Even if you “think” you know, you should only answer that which you know to be true. If you do not guess, then no one can make you appear to be lying or attempt to confuse you.
Never Answer Too Quickly
◾ —A proficient attorney can fire questions at a very fast pace in an effort to confuse and rush a witness into making an incorrect or improbable statement or blurting out more than the witness may wish to. The witness should take his or her time, think every question through thoroughly, and answer truthfully but deliberately, factually, and concisely.
Moreover, the attorney for the witness may wish to object to a question. If, at any time, your attorney makes an objection, stop talking immediately.
Keep Your Answers Simple
◾ —Whenever possible, answer yes or no. Do not elabo-rate unless you are asked to clarify your answer. Use understandable language.
Do Not Exaggerate
◾ —Give definitive answers. All answers should be well thought out and as short as possible. Do not give the impression of a braggart or a show-off.
Never Volunteer Information
◾ —A question is asked for a purpose. If the answer
is not explicit enough, another question will be asked. Do not try to second-guess or anticipate your attorney or the other attorney. Answer only the ques-tion asked and do not elaborate; stop when you have answered. Do not offer your opinion unless it is asked.
Be Alert to Trick Questions
◾ —Do not let the opposing attorney put words into
your mouth. Watch for the same question being asked with different words.
Be aware of making comparisons or what you personally believe: “Wouldn’t
you agree that…,” “Are you telling me…,” “Have you spoken with your law-yer before you entered the courtroom” (of course you did), “Have you ever lied?” (yes, but never under oath). One question that flusters most witnesses is
“How much are you being paid for your testimony here today?” The witness should answer truthfully; “I’m just receiving my regular salary…it’s my job, and I’m here because I was subpoenaed.”
Never Argue or Lose Your Temper
◾ —Proficient attorneys can easily goad or lead
a witness into making rash statements, blurting out information helpful to their case, or making the witness look like an emotional idiot. Be patient and keep control of your temper regardless of the tone and content of the ques-tions. Your complete testimony can be ruined if you fall into this trap. Do not become sarcastic or combative or behave in a “wise guy” manner. Answer questions from all attorneys in the same courteous manner.
Be Aware of Your Physical Actions
◾ —Be attentive to the seriousness of your
testimony. Try not to laugh or smirk, even though it might be a nervous reac-tion. Do not roll your eyes in a response to an action or a question, and do not permit a facial expression that may convey your thoughts or attitude to the judge or jury. If you are nervous on the stand, clasp and place your hands on your lap. In this manner, you will be less conscious of your nervousness by your hands being somewhat out of sight.
The Opposing Attorney
An attorney for the other side is not your friend in a court of law. His job is to free his client of any crime or civil retribution. The attorney for the other side will attempt to confuse, berate, and belittle you, call you a fabricator and a perjurer, condemn your testimony and your actions, and make other attempts to negate your testimony. Be aware that this stratagem is intentional and con-ducted to make you look like an untrained and unprofessional dimwit. Try to remember this and be mindful of these tactics. This attorney will jab and fling questions at you rapidly and relentlessly, hoping that you will slip with a wrong-ful or inaccurate answer and appear insecure. You can slow the attorney down and take control of the “conflict” by taking your time, mulling over each ques-tion, and asking that the question be repeated or rephrased. Nothing will rattle an attorney more than a witness who mulls over the question and takes his time to give a thoughtful and truthful answer.
In conclusion, private investigators must realize that their knowledge, demeanor, and presence in court will reflect upon any past actions they have taken or prior comments they have made, in or out of court. The more capable that an investigator appears to be, the more favorable weight that the judge and jury will give to his or her testimony and prior actions.
Cautionary Critique
All investigators should be aware that during a trial or any hearing, a person might approach them outside the courtroom in a friendly man-ner to pass the time of day and strike up a conversation. Consider that the inquisitor may be an agent for the other side. The novice private investigator must be conscious of an approach by anyone, particularly during recesses or breaks in court proceedings where court “observers”
or “spectators” will begin “friendly” conversations with you in an attempt to glean any information or comments that can be passed on and used by the opposing attorney.
This is not an uncommon tactic, where after a court recess and the hearing resumes, the investigator or witness is called to the wit-ness stand and is confronted with questions by the opposing attor-ney regarding comments made by the investigator or witness during that recess.
If approached, advise the “sociable” questioner that you cannot talk about or divulge any information regarding the case as directed by the prosecutor or your attorney. If the questioner persists, remove yourself from his or her presence and advise the prosecutor or your counsel of the incident as soon as practical.
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