73A-Testifying in Court - 2019 - Laserfiche WebLink

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Policy & Procedure Page 1 of 7 Lexington Police Department Subject: Testifying in Court Policy Number: 73A Accreditation Standards: Reference: None Effective Date: 11/1/10  New  Revised Revision Dates: 1/24/19 By Order of: Mark J. Corr, Chief of Police The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the Massachusetts Chiefs of Police Association. MPI provides training and model policies and procedures for police agencies. This policy is an edited version of MPI Policy 1.14, “Testifying in Court.” GENERAL CONSIDERATIONS AND GUIDELINES Testifying in court proficiently and effectively is one of the most demanding tests of the truly professional police officer. The entire investigation process should be considered as a series of preliminary steps leading eventually to a successful courtroom presentation. All of the police duties performed at the crime scene and thereafter -- the gathering and evaluating of evidence, the locating and interviewing of witnesses, the apprehending and interrogating of suspects -- culminate at the criminal trial when the police officer testifies in court. The effectiveness of an officer's testimony is largely dependent upon the competence of the officer on the witness stand. All of the police efforts that preceded the court appearance can be nullified by an inadequate, incomplete or unsatisfactory presentation of the facts by the testifying officer. The court will consider not only the quality and quantity of the evidence itself, but also the manner in which it is presented. The officer's personal appearance, demeanor, attitude and ability to express himself or herself in a convincing manner can greatly affect the weight given to his testimony and have significant influence on the eventual decision of the judge or jury. It is only human nature for an officer to take a personal interest in a case in which he has been involved and to firmly believe that the offender is guilty and should be convicted. However, in testifying, the officer must make every effort to present the facts fairly and impartially without understating or exaggerating any of the circumstances of the case. The purpose of this policy is to provide guidelines for officers who will testify in any court proceeding. These guidelines include the courthouse dress code, and an officer's responsibilities before, during and after testifying.