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	<title>Comments on: Palm Beach deputies are now taking classes to learn how to testify in court</title>
	<atom:link href="http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/feed/" rel="self" type="application/rss+xml" />
	<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/</link>
	<description>It's a First Amendment Right</description>
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		<title>By: Johnny Law</title>
		<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/#comment-18031</link>
		<dc:creator>Johnny Law</dc:creator>
		<pubDate>Sat, 19 Dec 2009 19:16:19 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9008#comment-18031</guid>
		<description>Yeah...that&#039;s probably not right Bob.</description>
		<content:encoded><![CDATA[<p>Yeah&#8230;that&#8217;s probably not right Bob.</p>
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		<title>By: Bob</title>
		<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/#comment-18028</link>
		<dc:creator>Bob</dc:creator>
		<pubDate>Sat, 19 Dec 2009 14:34:32 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9008#comment-18028</guid>
		<description>It&#039;s called testilying and they need to know how to do it so it&#039;s not so obvious they get caught. If it&#039;s too blatant the lawyers and judges are embarrassed by it and people wouldn&#039;t trust any police and . . . 
Oops, too late</description>
		<content:encoded><![CDATA[<p>It&#8217;s called testilying and they need to know how to do it so it&#8217;s not so obvious they get caught. If it&#8217;s too blatant the lawyers and judges are embarrassed by it and people wouldn&#8217;t trust any police and . . .<br />
Oops, too late</p>
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		<title>By: Brian</title>
		<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/#comment-17845</link>
		<dc:creator>Brian</dc:creator>
		<pubDate>Mon, 14 Dec 2009 18:59:23 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9008#comment-17845</guid>
		<description>There&#039;s no incompatibility between telling the truth and learning how to testify concisely and accurately in a way people can understand. 

Lawyers (good ones) teach their clients to do this all the time. I am an attorney, and I coach my clients extensively on how to testify well before I ever allow them on a stand or to a deposition. 

It is entirely possible to be on the stand telling the truth, but do it in an incoherent way, so that the jury/judge will not understand the facts you are stating, or miss key facts. 

I for one, don&#039;t see anything wrong with teaching people who testify regularly how to do it in an efficient manner, so long as it is done with the requirement for truthfulness in mind. 

Cops who want to lie already know how to do that. There&#039;s no reason this course would make them any more effective at it.</description>
		<content:encoded><![CDATA[<p>There&#8217;s no incompatibility between telling the truth and learning how to testify concisely and accurately in a way people can understand. </p>
<p>Lawyers (good ones) teach their clients to do this all the time. I am an attorney, and I coach my clients extensively on how to testify well before I ever allow them on a stand or to a deposition. </p>
<p>It is entirely possible to be on the stand telling the truth, but do it in an incoherent way, so that the jury/judge will not understand the facts you are stating, or miss key facts. </p>
<p>I for one, don&#8217;t see anything wrong with teaching people who testify regularly how to do it in an efficient manner, so long as it is done with the requirement for truthfulness in mind. </p>
<p>Cops who want to lie already know how to do that. There&#8217;s no reason this course would make them any more effective at it.</p>
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		<title>By: Johnny Law</title>
		<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/#comment-17819</link>
		<dc:creator>Johnny Law</dc:creator>
		<pubDate>Sun, 13 Dec 2009 17:30:58 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9008#comment-17819</guid>
		<description>Just because an officer has been taught an effective way to testify doesn&#039;t change the defendant&#039;s right to a fair trial. The evidence and facts don&#039;t change.  This is just that the officers have decent communication skills on the stand.  The defense attorney still gets to do cross-examination and can ask any questions he/she wants.

Claiming that this gives the state an unfair advantage is like saying it is not a fair trial because the prosecutor is an experienced trial lawyer and the defense attorney is fresh out of law school.  It still doesn&#039;t change the facts of the trial.

Defense attorneys often call &quot;expert&quot; witnesses who testify for a living.  Do you honestly think they haven&#039;t gone to some kind of class for speaking on the stand?  If people want to go to such a class, I am sure they are available out there.</description>
		<content:encoded><![CDATA[<p>Just because an officer has been taught an effective way to testify doesn&#8217;t change the defendant&#8217;s right to a fair trial. The evidence and facts don&#8217;t change.  This is just that the officers have decent communication skills on the stand.  The defense attorney still gets to do cross-examination and can ask any questions he/she wants.</p>
<p>Claiming that this gives the state an unfair advantage is like saying it is not a fair trial because the prosecutor is an experienced trial lawyer and the defense attorney is fresh out of law school.  It still doesn&#8217;t change the facts of the trial.</p>
<p>Defense attorneys often call &#8220;expert&#8221; witnesses who testify for a living.  Do you honestly think they haven&#8217;t gone to some kind of class for speaking on the stand?  If people want to go to such a class, I am sure they are available out there.</p>
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		<title>By: Catinthewall</title>
		<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/#comment-17802</link>
		<dc:creator>Catinthewall</dc:creator>
		<pubDate>Sat, 12 Dec 2009 15:20:45 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9008#comment-17802</guid>
		<description>Even assuming that this class doesn&#039;t teach anything that encourages perjury, there are two issues at stake here. Many people are protesting that this is preemptive witness coaching, which is a matter for the courts to decide. I&#039;m assuming you consider this doesn&#039;t count as such, from your defense of the subject.

The other issue that Carlos has brought up both in the article and in the comments is that the special treatment of these deputies is an apparent violation of the constitutional concept of a fair trial. If prosecution wants to use a witness, the defense gets to cross examine. If the defense wants to use a piece of evidence, the prosecution gets time to examine it in detail, and vice versa.
 
When one side of a trial gets special treatment, the trial is no longer in balance. This is why both sides get a say in who makes up the jury. In this case, the prosecution is getting an advantage in that they are getting witnesses who have already graduated from witness 101, while the defense has witnesses that can be excluded if they&#039;ve been given even a crash course on the subject.

Do you think prosecution witnesses should be the only ones who get these classes, or should they be available to all taxpayers willing to sign up? By being a deputy, it can be expected one will be testifying on a regular basis, while a normal citizen might only testify once or twice in their lives, if that. How would you propose making the trial balanced again? The only two ways I see are allowing the defense to train their witnesses, which is currently illegal, or bar these classes.</description>
		<content:encoded><![CDATA[<p>Even assuming that this class doesn&#8217;t teach anything that encourages perjury, there are two issues at stake here. Many people are protesting that this is preemptive witness coaching, which is a matter for the courts to decide. I&#8217;m assuming you consider this doesn&#8217;t count as such, from your defense of the subject.</p>
<p>The other issue that Carlos has brought up both in the article and in the comments is that the special treatment of these deputies is an apparent violation of the constitutional concept of a fair trial. If prosecution wants to use a witness, the defense gets to cross examine. If the defense wants to use a piece of evidence, the prosecution gets time to examine it in detail, and vice versa.</p>
<p>When one side of a trial gets special treatment, the trial is no longer in balance. This is why both sides get a say in who makes up the jury. In this case, the prosecution is getting an advantage in that they are getting witnesses who have already graduated from witness 101, while the defense has witnesses that can be excluded if they&#8217;ve been given even a crash course on the subject.</p>
<p>Do you think prosecution witnesses should be the only ones who get these classes, or should they be available to all taxpayers willing to sign up? By being a deputy, it can be expected one will be testifying on a regular basis, while a normal citizen might only testify once or twice in their lives, if that. How would you propose making the trial balanced again? The only two ways I see are allowing the defense to train their witnesses, which is currently illegal, or bar these classes.</p>
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		<title>By: Johnny Law</title>
		<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/#comment-17800</link>
		<dc:creator>Johnny Law</dc:creator>
		<pubDate>Sat, 12 Dec 2009 10:29:50 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9008#comment-17800</guid>
		<description>Bob, you sure are quick to make assumptions.  How do you know they are being taught to mislead the judge?  Did you read my comment about what is in these classes?  Somebody shoo the black helicopters away!!</description>
		<content:encoded><![CDATA[<p>Bob, you sure are quick to make assumptions.  How do you know they are being taught to mislead the judge?  Did you read my comment about what is in these classes?  Somebody shoo the black helicopters away!!</p>
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		<title>By: B0b Foreman</title>
		<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/#comment-17791</link>
		<dc:creator>B0b Foreman</dc:creator>
		<pubDate>Sat, 12 Dec 2009 03:51:14 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9008#comment-17791</guid>
		<description>This is unfair to defendants they are not coached on how to testify to win their case. It should be illegal.  Why can&#039;t the officers just tell the plain and simple truth instead of being taught to mislead the judge.</description>
		<content:encoded><![CDATA[<p>This is unfair to defendants they are not coached on how to testify to win their case. It should be illegal.  Why can&#8217;t the officers just tell the plain and simple truth instead of being taught to mislead the judge.</p>
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		<title>By: RC</title>
		<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/#comment-17747</link>
		<dc:creator>RC</dc:creator>
		<pubDate>Wed, 09 Dec 2009 21:08:04 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9008#comment-17747</guid>
		<description>Johnny Law - You make an excellent argument for the other side of this training. If that is all that this training is about, I don&#039;t have a single problem with it. I&#039;ve been on the stand a couple of times myself, and regardless of whether you are telling the truth (as I was) or not, it is very nerve racking. Some people just aren&#039;t very good at taking the stand, myself included.</description>
		<content:encoded><![CDATA[<p>Johnny Law &#8211; You make an excellent argument for the other side of this training. If that is all that this training is about, I don&#8217;t have a single problem with it. I&#8217;ve been on the stand a couple of times myself, and regardless of whether you are telling the truth (as I was) or not, it is very nerve racking. Some people just aren&#8217;t very good at taking the stand, myself included.</p>
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		<title>By: Ray</title>
		<link>http://carlosmiller.com/2009/12/07/palm-beach-deputies-are-now-taking-classes-to-learn-how-to-testify-in-court/#comment-17743</link>
		<dc:creator>Ray</dc:creator>
		<pubDate>Wed, 09 Dec 2009 15:13:33 +0000</pubDate>
		<guid isPermaLink="false">http://carlosmiller.com/?p=9008#comment-17743</guid>
		<description>Excellent point Mark.

&quot;So officer Bob, you work for the state as does the prosecuting attorney ? ... And has the state ever paid for training, told you, or described to you, what to say or not say before the court ? ... Judge, I move to dismiss this witness&quot;</description>
		<content:encoded><![CDATA[<p>Excellent point Mark.</p>
<p>&#8220;So officer Bob, you work for the state as does the prosecuting attorney ? &#8230; And has the state ever paid for training, told you, or described to you, what to say or not say before the court ? &#8230; Judge, I move to dismiss this witness&#8221;</p>
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