August 06, 2013
Practical Tips That Can Mean the Difference Between Winning and Losing at Trial
1. Training/Force Continuum
- Carefully follow your training and the force continuum (or whatever use of force model your department uses).
2. Assessment & Deliberation
- Appropriate assessment and deliberation before taking action.
3. Candid Camera
- Behave as if everything you do is:
- Being filmed on video or a cell phone camera; and
- Being memorialized on a tape recorder.
4. Document, Document, Document
- Document thoroughly and carefully – in probable cause
- affidavits; police reports; “specials”, etc.
5. Do You Job – And then STOP !
- Avoid the extra unexplainable act.
6. Make A Memory
- Incorporate something positive and memorable that bystanders will be able to remember.
7. No “Lazy Dismissals”
- Demand that the Prosecutor red-flag the case and take case disposition seriously.
8. Consistency – Paper v. Actual
- Ensure that departmental written procedures are “in sync” with customary street conduct.
9. Tell All The Story
- Encourage the city attorneys to be over-inclusive with their witness and exhibit lists.
10. Always On Stage
- Recognize the importance of your courtroom presence and trial demeanor.
- John F. Kautzman, Ruckelshaus Kautzman Blackwell Bemis & Hasbrook
- Richard A. Waples, Waples & Hanger
Visit Lorman Education Services at www.lorman.com or contact us at 800-678-3940 for all of your continuing education and training needs.