Security Guard and Court Procedures
#Security #Officers always have to think about the possibility of going to court. The concept of having to testify in front of a judge or jury can being anxiety and stress. But, with the right education and training it can be just another part of the job.
Here at Professional Security Institute, we teach our students how to walk to the court room with no worries about how the day will go. Giving a court testimony has three parts; preparation, appearance and attitude. When you bring these three things together into a courtroom, you not only feel prepared but you look to others that way as well.
What is the difference between Criminal and Civil Law, did you know as a security guard you may have to testify in court for both? Criminal law is when someone breaks the law against your client, whether it was simply trespassing or actually breaking in their business and stealing property. Civil law is when private matters are brought to court, such as when someone sues another for some type of compensation. Either type of law can bring you in as a witness to the act in hand, you may have been the person to catch the perpetrator in the act of breaking the law, or you may have just been there when something was said. Either way you will need to be prepared up to years ahead to go give your testimony.
Preparation for court is the number one thing to do. Being prepared consist of many things, but the most important is knowing what happen, with no questions of do you remember what happen or when it took place. Your notes from that day will be your safety net in court. Reviewing and remembering! The District Attorney and the Defense Attorney will ask you questions and you need to know with out any doubt that your answer is 100% correct!
As a Security Officer may have to take multiple days off, over an extended period of time, for years just to settle one case. This isn't always the case, but when this happens it is due too the defendant using their right to a jury trial. This trial process is not a very quick one at times, because there is an Administrative Hearing, Pretrial Hearing, and then a Deposition hearing. The defendant may decide to complete what is called a Plea Agreement, which stops the judicial process, this means you will no longer have to testify. If you do have to testify you will receive a Subpoena in the mail requesting your appearance in court. You will meet with the attorney of your client, whom will go over what and why your being called in. They will help you understand and know your role in the proceedings.
Do you know what the role of the Judge, Prosecutor, Defense Attorney and Jury are? This are the people who decide and make the courtroom go smoothly. The Judge ensures that the court procedures are completed legally and that no person goes beyond the law in questioning, among many other important things within the title. The Prosecutor or District Attorney is there representing the state or the client. They will prove that the defendant committed the crime and how exactly that person is guilty. This is done by asking questions, showing evidence, video, photographs or by reviewing scientific proof such as; DNA and fingerprints. The Defense Attorney is the defendants attorney trying to prove that they did not commit the crime or that the crime is not as bad as it is made out to be. The defense will use all the same tactics as the D.A., but mold it to prove their client not punishable or as harshly as the law can prosecute them too. The jury hears the cases and decides what the punishment, if any, shall be. They will do so with no bias, just what the evidence and proof there is, to come to this conclusion of the hearing.
A security guards Courtroom Testimony can be extremely important in the proving the defendant committed the crime. When the time comes for witness questioning, this is when you as a guard will come in, and give your testimony to exactly where you were, what your role was, and what happen step by step. The process will be questioning by both the D.A. and the Defense Attorney, the evidence will be provided, as well as your reports. The testimony will review these items and then you will be excused.
The appearance you given in court will show the people involved that you are a professional and that you are prepared to be there. Remember to ask before hand if you are to wear a suit or dress, or your company uniform for that day. Be well rested, take a shower and eat before you go. The day may be long, so eating before ensures that you thinking about your testimony not your stomach. Your attitude is also very important. Do not be headstrong about the situation, you do not know the outcome, do not act like you know. Be polite, comfortable and relaxed. A security guard is professional on the job, be so in the courtroom. Keep your answers to yes sir/ma'am or no sir/ma'am, give details only requested of you and keep the answers short and to the exact point. By doing this the judge/jury, will not be lost in the answer, and also will know that you were honest/knowledgeable about that answer.
The courtroom procedure and testimony process is one of many things you will learn and greater detail here at Professional Security. We pride ourselves on giving our security students the complete knowledge and understanding of their roles in all aspects of the security business, even when it comes to legal ones.
Go to our website to enroll in your class today! www.psiftmyers.com