About half of all people who lose someone to homicide will become involved in the court system after an arrest has been made. (The other half of cases will stall and turn into cold cases.) The criminal justice system is usually foreign territory for us as observers. Too often we take our cues from Netflix. This is sure to backfire. We don’t want drama in real life.
We do have a right to be present during criminal justice proceedings. The only exception is if we are called as a witness. (Then we must wait outside in the hallway until we’ve given our testimony). But there’s a right way and wrong way to be in court.
Two Important Caveats
Keep in mind that a key responsibility of the judge is to keep order in the courtroom. He or she has many ways to do this, up to and including fines or putting people in jail for contempt.
The second thing to keep in mind is that no one in the courtroom is representing us (the homicide co-victim.) You read that right. Neither the judge, defense attorney, prosecuting attorney, or court staff are there for our benefit. This is true even if we are subpoenaed to testify. The judge is there to enforce the law and render a sentence. The defense attorney is present to defend the accused. The prosecutor is there to win the case for the government, even if it means exposing gallery members to gruesome photographs, obscene language, and long, tedious motions.
The only way to be represented in court is to hire a victim advocate attorney. (See the June 15, 2024, post entitled Who Represents the Crime Victim in Criminal Court).
Court Behavior is Important
Proper court conduct matters. This is true even if we aren’t called to testify. Why? All eyes will be on us: the media, judge, jury, defendant, and prosecutor. We represent the deceased, our loved one. We want the best outcome for this legal procedure. We don’t have to like the rules, but it’s important to follow them. How can we expect others to take the death of our loved one seriously if we don’t appear as if we do?
Here is another way to look at this. There’s very little we can control after the homicide happens. And while that includes the verdict of the legal proceedings, we can influence it by our presence and demeanor.
The best way to learn about proper court behavior is to attend a trial in the same courtroom as the judge appointed to your case. You can watch how the officials interact and address one another. You will see the order of procedures. You will feel more familiar with the physical surroundings when it’s your turn. It will lower your stress and increase your confidence.
If you are assigned a victim advocate who will attend court, it may put you at ease. Ask questions ahead of time. If questions come up during the trial write them down and ask them during recess.
Eleven Basic Rules
- Never go beyond the bar (the gate at the front) unless you are called to testify.
- Never be alone with a juror. If they come into the restroom behind you, walk out. If you see a juror in an elevator, take the next one. Why? Because it could cause the defense attorney to call a mistrial.
- Don’t be late. Anticipate tough parking and lines getting past the metal detector at the entrance.
- Don’t sit near the family of the accused. It’s best to sit on the side with the prosecuting attorney.
- What to wear is important – as in, crazy important. The best clothes to wear are comfortable, clean business casual. Don’t wear muddy boots, tee shirts, jeans, or anything soiled or torn. Avoid wearing any “sizzle.” You know – gobs of jewelry, heavy makeup, flowery fabric, sequins, very high heels, neon colors, attention-demanding hats, sunglasses, pin-striped suits, and so on. Don’t treat court like Mardi Gras or as a day devoted to car maintenance.
- Turn off your cell phone. Put it away.
- Don’t chew gum, eat, smoke, or drink inside the courtroom.
- Stay as quiet and still as you can. This will be hard. No smirking, laughing, sobbing, pointing or glaring. But while composure is important, you also don’t want to come off like a robot, either. This could be mistaken for indifference. It’s a fine line. If you’re overcome with emotion quietly leave.
- Do what the bailiff says. If he says “All rise!” stand unless you’re physically unable. If the court is adjourned, leave.
- Leave babies and small children with a sitter. Many courts don’t allow kids inside. Call ahead. There’s a good chance children will become bored and disruptive, then you will have no choice but to leave.
- This probably goes without saying, but don’t try to bring anything that resembles a weapon with you. It will be found. You will be asked to leave.
The court process is a very public event. We only have one chance to make a good impression. Our behavior, our dress, and our familiarity with the dos and don’ts will work in our favor.
Additional Info
For information on the insanity defense click here: https://jancantyphd.com/the-insanity-defense/
Here are two episodes from the podcast Domino Effect of Murder:
https://www.spreaker.com/episode/view-from-the-witness-chair-juliet-huck-persuasion-strategist–60770446 This episode pertains to testifying as a witness by an expert in court preparation.
https://www.spreaker.com/episode/rachel-robinson-esq-victim-rights-law-i-got-your-back–52459059 This episode is about the new specialty in law called “victims’ rights law” where crime victims hire an attorney to ensure their rights are upheld. The attorney can even sit through some segments of the trial if the client wishes they represent them in court.
And Chapters 18 and 19 of What Now? Navigating the Aftermath of Homicide and Suicide pertains to matters of the criminal justice system.
