� THE PUBLIC SAFETY PROFESSIONAL IS ON TRIAL
� #1 DEFENSE TACTIC IS: ATTACK PROSECUTION
� WITNESSES
� TESTIFYING IS PART OF A PUBLIC SAFETY
� PROFESSIONAL�S JOB
� THERE�S NO POINT TO ARRESTS WITHOUT
CONVICTIONS
FOR AN EASY TIME ON THE WITNESS STAND
� THINK AHEAD TO THE TRIAL WHILE STILL IN THE
� FIELD
� ASK YOURSELF: WHAT IF THEY ASK ME ABOUT THIS
� IN COURT?
DON�T MANY CASES NOT GO TO TRIAL?
� POORLY-PREPARED CASES CAUSE CHARGES TO BE
� DROPPED
� WELL-PREPARED CASES CAUSE STRAIGHT PLEAS OR
� STIFF PLEA BARGAINS
� TRIALS IN CALIF. UP BECAUSE OF �THREE STRIKES,
YOU�RE OUT�
WHAT MIGHT BE USED AGAINST YOU IN COURT?
� ANYTHING YOU DO OR SAY MAY BE USED AGAINST
� YOU IN COURT
� EVEN IF IT DOES NOTHING BUT EMBARRASS YOU
WHEN THE DEFENSE ATTORNEY ASKS IF YOU SAID,
�FREEZE MOTHERFUCKERS OR I�LL BLOW YOU A NEW ASSHOLE,� (AND YOU DID) YOUR ANSWER SHOULD BE�
� �OF COURSE�
WHY WOULD DEFENSE ATTORNEYS ASK SUCH QUESTIONS?
� THE DEFENSE WANTS TO MAKE YOU LOOK LIKE A
NAZI, AN IDIOT, A LIAR OR A PERVERT
WHY?
� THE PURPOSE OF CROSS-EXAMINATION IS TO DISCREDIT THE WITNESS
� IF THAT CANNOT BE DONE USING FACTS ABOUT THE CASE, IT WILL BE ATTEMPTED USING CHARACTER ASSASSINATION
ANSWERS SUCH AS �OF COURSE� ARE ...
� UNEXPECTED QUALIFIERS
� �UNEXPECTED� BECAUSE THE DEFENSE ATTORNEY MERELY PLANNED TO EMBARRASS YOU
� �QUALIFIER� BECAUSE YOU GET TO QUALIFY YOUR ANSWER (TELL WHY YOU DID WHAT YOU DID)
DEFENSE ATTORNEY RULE #1
� NEVER ASK A QUESTION TO WHICH YOU DO NOT
KNOW THE ANSWER
� UNEXPECTED QUALIFIERS MAKE THEM BREAK THIS
RULE
� THEY MUST ASK WHY YOU ANSWERED AS YOU DID
� THEY DON�T KNOW WHAT YOU�RE GOING TO SAY
WON�T THE DEFENSE ATTORNEYS OBJECT TO YOUR ANSWER?
� THE DEFENSE ATTORNEY ASKED YOU WHY YOU ANSWERED AS YOU DID
� DEFENSE ATTORNEYS CANNOT OBJECT TO THE ANSWERS TO THEIR OWN QUESTIONS
WHEN SHOULD YOU USE AN UNEXPECTED QUALIFIER?
� WHEN YOU WANT TO PROVOKE THE ATTORNEY INTO ASKING YOU �WHY?�
WHAT ARE OTHER UNEXPECTED QUALIFIERS?
� DEFINITELY (NOT)
� CERTAINLY (NOT)
� NATURALLY (NOT)
� NOT THEN
� NOT AT FIRST
� YES, INITIALLY
WHAT UNEXPECTED QUALIFIER ALWAYS WORKS?
� �YES, AND NO.�
WHAT�S THE FIRST THING TO DO WHEN SUBPOENAED?
� LOOK AT YOUR OWN REPORT
� YOUR REPORT IS YOUR BEST REFERENCE ON YOUR ACTIONS
� PROSECUTIONS CAN TAKE PLACE AFTER 20 YRS.
DO DEFENSE ATTORNEYS HAVE ACCESS TO PROSECUTION REPORTS?
� THE PROCESS OF �DISCOVERY� GIVES DEFENSE ATTORNEYS A LEGAL RIGHT TO VIEW ALL PROSECUTION REPORTS
HAS THE DEFENSE ATTORNEY READ YOUR REPORT?
� AT LEAST TEN TIMES
OTHER THINGS TO DO WHEN SUBPOENAED
� REVIEW PHOTOS, TAPES
� EXAMINE PHYSICAL EVIDENCE
� REVISIT THE SCENE
� CONSULT WITH THE PROSECUTOR
� MAKE TESTIFYING (VISUAL) AIDS
� USE MEMORY AIDS (MEMORY KEYS - MORE LATER)
� PREPARE TECHNICAL DATA
� TAKE THE BEST EVIDENCE TO COURT
WHAT�S A MEMORY KEY?
� WHATEVER IT TAKES TO HELP YOU REMEMBER EVERY ITEM
WHEN SHOULD YOU USE A MEMORY KEY?
� ANYTIME YOU HAVE A SERIES OR LIST OF THINGS TO REMEMBER
MEMORY KEY EXAMPLES
� THE SPACES AND LINES ON THE TREBLE CLEF
� THE GREAT LAKES
� �PLEASE EXCUSE MY DEAR AUNT SALLY�
� �KINGS PLAY CHESS ON FINE GREEN SILK�