GUARDING PRISONERS

You may be assigned duties of guarding military prisoners in court. When performing this duty, station yourself in a position so you can observe the prisoner at all times. Remain close enough to prevent the prisoner from injuring himself or others. You may also be required to ensure that the accused, witnesses, and interested parties are present. There may be times you will be stationed outside the courtroom, summoning witnesses. In either instance, remain alert and ensure that quiet is maintained in the immediate area.

When appropriate, a guard is detailed to ensure proper custody of the accused and to assist the court in preserving order and decorum. Unless otherwise directed by the trial judge, guards are not permitted inside the bar of the courtroom. Arms or weapons, except when they are to be exhibits or when otherwise authorized by the trial judge, are not allowed inside the courtroom.

Prisoners being tried may be delivered in handcuffs if circumstances warrant. If so, the cuffs are removed during the proceedings.

Upon completion of the court and depending on the sentence awarded, the MA may take charge of the accused immediately upon sentencing.

Arrangements for the location of witnesses and the placement of the Master-at-Arms should be coordinated with the trial counsel.

COURT BAILIFF

Masters-at-Arms may also be assigned to duties of a court bailiff. A bailiff should be present at every trial to announce the opening and closing of the court, to obtain witnesses as they are called to testify, to ask everyone to rise when the trial judge enters or leaves the courtroom, and to take care of administrative errands during the trial. The trial counsel is responsible for briefing the bailiff as to his or her duties.

Duties of the Bailiff

^{The bailiff may} look to the trial counsel for specific instruction as to his or her duties and for directions before and after each session of the court. While the court is in session, the bailiff is under the supervision of the military judge and will assist the military judge and counsel in the conduct of an orderly trial. The bailiff should be familiar with the location of the principal offices and facilities, such as the library, within the law complex.

The following is a list of the duties of a court bailiff: . The bailiff reports to the trial counsel in the

uniform of the day with duty belt and appropriate cover at least 30 minutes before the beginning of each day's proceedings. Thereafter the bailiff reports to the military judge 15 minutes before the beginning of the day's proceedings. l The bailiff sees that the courtroom, including the

spectator area and the deliberation room for court members, has a neat and orderly appearance and will arrange the furniture properly.

Table 5-2.-Cross Examination Tactics

COUNSEL'S TACTIC EXAMPLE

Rapid fire questions One question after another with little time to answer.

Condescending counsel 

^{Benevolent in approach, over-}sympathetic in his or her questions to the point of ridicule. 

Friendly counsel Very courteous, polite; questions tend to take you into his or her confidence.

Badgering, beligerent Counsel staring you right in the face, shouts, "That is so, isn't it?"

Mispronouncing your Your name; using wrong rank Jansen; counsel calls you Johnson.

Suggestive question 

^{Was the color of} the car blue?

(tends to be a leading question allowable on cross-examination).

^{Demanding a "yes" or "no " answer to a} 

Did you strike the defendent with question that needs your club? explanation.

Reversing your words 

_{You answer, "The} acciderrt occurred 27 feet from the intersection." Counsel says, "You say the accident occurred 72 feet from the intersection?"

Repetitious questions The same question asked several times slightly rephrased.

Conflicting answers 

_{But, Petty Officer Smith, Chief} 

Brown just said, etc.

^Staring

After you have answered, counsel just stares as though there were more to come.

PURPOSE

To confuse you; an attempt to force inconsistent answers.

To give the impression that you are inept, lack confidence, or may not be a reliable witness.

To lull you into a false sense of security where you wilI give answers in favor of the defense.

To make you angry so that you lose your sense of logic and calmness. Generally, rapid questions will also be included in this approach.

To draw your attention to the error in pronunciation rather than enabling you to concentrate on the question asked so that you will make inadvertent errors in testimony.

To suggest an answer to counsel's question in an attempt to confuse or to lead you.

To prevent all pertinent and mitigating details from being considered by the jury.

To confuse you and demonstrate a lack of confidence in you.

To obtain inconsistent or conflicting answers from you.

To show inconsistency in the investigation. This tactic is normally used on measurements, times, etc.

To have a long pause that one normally feels must be filled thus saying more than necessary. To provoke you into offering more than the question called for.

YOUR RESPONSE

Take time to consider the question; be deliberate in answering; ask to have the question repeated; remain calm.

Firm decisive answers, asking for the question to be repeated if improperly phrased.

Stay alert, bear in mind that the purpose of defense is to discredit or diminish the effect of your testimony.

Stay calm, speak in a deliberate voice giving trial counsel time to make appropriate objections.

Ignore the mispronouncement and concentrate on the question counsel is asking.

Concentrate carefully on the facts, disregard the suggestion. Answer the question.

Explain the answer to the question, if stopped by counsel demanding a "yes" or "no" answer, pause until the court instructs you to answer in your own words.

Listen intently whenever _counsel repeats back something You have said. If he makes an error, correct him.

Listen carefully to the question and state, "I have just answered that question."

Remain calm. Conflicting statements have a tendency to make a witness extremely nervous. Be guarded in your answers on measurements, times, etc. Unless you have exact knowledge, use the _term "approximately". Refer to your notes.

Wait for the next question.

. The bailiff ensures that the judge has the desk supplies desired and that the court members have pencils and pads of voting paper in their deliberation room. . When counsel for both sides, the accused, the

reporter, and, when appropriate, the court members, are all present in the courtroom, the bailiff notifies the military judge and escorts him or her to the courtroom. When entering the courtroom, the bailiff states: "All _{persons please rise."} When the military judge announces a recess or adjournment, the bailiff again states: "All persons please rise." If need be, he or she will also instruct the spectators to stand fast until the military judge has departed from the courtroom. The military judge will advise the bailiff in the event there is to be any departure from this procedure. 

l According to the instructions of the military judge, the court will be formally opened at the beginning of each day of the trial at which spectators are in attendance. On those occasions, the bailiff states:

All persons please rise. A (general) (special) court-martial convened by is now in session, Military Judge (Captain) (Colonel) (Commander) ( ) U.S. (Navy) (Marine Corps) presiding. 

. When the court members enter the courtroom and also when the court members stand to be sworn, the bailiff will announce, "Everyone, please stand," in a voice that can be heard by all spectators (unless advised of a different procedure by the judge). 

. The bailiff should be aware that military trials are open and that spectators and members of the news media are welcome in the courtroom to hear and observe the trial proceedings (unless otherwise instructed by the judge). The bailiff should see that they can enter the courtroom, be seated, and leave quietly while the court is in session. . As the law does not permit picture taking or any type of broadcasts in the courtroom, the bailiff will not permit that type of equipment to be taken into the courtroom. Any problems concerning this matter should be brought to the attention of the trial counsel. 

. Courtroom rules do not permit spectators to eat, sleep, smoke, or engage in conversation while the court is in session. The bailiff should quietly and diplomatically inform the offenders of these rules. 

. Anyone talking or making noise in the halls that distracts from the proceedings in the courtroom will be told by the bailiff that court is in session. 

. Rowdiness and violence are not unknown in the courtroom. The bailiff must be alert and prepared to take immediate steps to suppress unruly behavior. 

. When the court members are in closed session, only the members may be permitted in the deliberation room. Therefore, the bailiff will not enter that room or permit anyone else to enter during the closed session.

. The bailiff is the only contact between the court members and the parties to the trial during the periods the court members are deliberating. The bailiff will be available to the court members outside their deliberation room and immediately notify the trial counsel, defense counsel, and military judge when the court members are ready for the court to be reopened. 

. If the bailiff is instructed to deliver any item or message to the court members in closed session, he or she first informs the judge and obtains approval.

Services of Bailiff

The bailiff will be prepared to furnish the following services: . Summon the court members to the courtroom at the beginning of each session of court when advised by the military judge or trial counsel. 

. Collect written questions from the court members upon the judge's request and hand them to the judge

or trial counsel as instructed.

. Summon witnesses to the courtroom when re quested by counsel.

l Deliver findings and sentence worksheets to the president of the court when instructed to do so. 

. Deliver items of evidence to the deliberation room, if instructed to do so by the military judge, when the court members retire to the deliberation room. 

. Perform administrative errands during the trial as requested by the military judge and trial and defense counsel.

Conduct of Bailiff

The bailiff should remain neutral throughout the trial of a case and not assume a partisan attitude toward either the prosecution or the defense. The bailiff should never participate in any discussion of the merits of the case or attempt to predict the outcome of the trial. The bailiff should also avoid making any comments on the performance of counsel for either side or on the testimony of witnesses.