The word behavior is a word that is not used as much today as it was in years past. Whenever we see a word that is not used often, we can react in two ways. We can recklessly ignore it, or we can try to understand its meaning to apply it to our lives for our best success. If we look up the word in the Dictionary, we see that behavior is defined as “external behavior, conduct, demeanor, and manners.” Why would behavior in the courtroom have any effect on the outcome of my case? Do my inner thoughts and beliefs cause me to act or behave in a way that hurts me? Does the way I act, look and behave cause other people to treat me negatively? Do I really want to win my case? Let’s talk about it.

At war with the police, the prosecution and the court?

After years of interviewing defendants who have faced serious criminal charges, one common thread that seems to run through these cases is that defendants often feel like they are at war with the police. At some point in their lives, the cop-as-friend model changed to cop-as-enemy. The role of the police never really changed. In 1840, 1920 and 2010 the role of the police is the same: stop crime and arrest suspects. What did change was the defendant’s perception of the role of the police.

The defendant adopted a lifestyle that placed him in the spotlight as a suspect in any reported crime and under investigation. He was in the wrong place with the wrong people at the wrong time.

Very often, the defendants in a court case also feel that they are at war with the prosecutor. They are convinced that the State is taking the case against them personally. In this regard, the accused are usually wrong and have the wrong perspective. Their wandering thinking pits the state against themselves in a kind of personal battle. While this is very real in the defendant’s mind, it is of no importance in real life.

Defendants also feel that judges and courts are at odds with them on a personal level. They certainly must be “out to get me”. These innermost feelings give most defendants the wrong perspective on the judicial process and the criminal justice system. Without the advice of a competent attorney, defendants are often led down the wrong path as they try to navigate through the court process.

The real role of the police, the prosecution and the court

In reality, the police have a legal duty to arrest people whenever there is probable cause to believe they might have committed a crime. The police cannot turn a blind eye. They cannot walk away and forget about the incident. Being under a legal duty means that the police cannot back down, but must arrest the suspect. They are obliged to control the suspect, take him to jail and book him for the crime he is accused of.

The prosecutor’s job is to prove beyond a reasonable doubt the State’s case using witness testimony and real or physical evidence. Crimes are divided into the elements of the crime. Each item must be proven beyond a reasonable doubt. The prosecutor’s approach is to meet the State’s burden of proof.

The judge’s job is to provide a fair and honest forum for the trial of the charges. The judge rules on the admissibility of the evidence while the jury decides the credibility, reliability, and plausibility of the evidence. Is the witness trying to testify about what he heard another person say? That is an argument that only the Judge can decide. Did the witness lie? That is an argument that should be addressed to the Jury rather than the Judge.

The American dream allows us to change our behavior

Once arrested, the defendant often enters the court process overcome with shame, frustration, and anger. If left unchecked, these emotions will continue to fester until they destroy that person. Instead of being overwhelmed with shame, frustration, and anger, the defendant needs to understand what is really going on inside the courtroom in order to properly navigate the process.

There is an old adage that says, “If you want your life to change, you have to change!” When a person is accused of a crime, what he should do is take a good look at his life and her behavior. What are his innermost feelings about life and interaction with others? When a person becomes a defendant in the criminal justice system, his or her life, behavior, and beliefs may need to radically change. If so, then the only thing that can bring about that change is the person himself. Maybe it’s time for a makeover. Maybe it’s time to stop and start: stop the old behavior and start again. The people of this country are always allowed to start over or turn over a new sheet of paper on which to write the rest of their lives. That incredible miraculous ability is called the American Dream. To win at trial, it may need to be redone.

The judges of the Criminal Chamber of the Courts usually have 150 cases in their files in the morning. Some of those cases will get mercy, a second chance to help the accused get back on track. Some of those cases will draw the wrath of the Court for the horrible acts they committed without any remorse. Most cases receive the average treatment. The goal is for today’s case to receive special treatment and the full favor of the Judge.

Dressing for court is dressing for success

During your many court hearings, watch how others come to court. You will see the lawyers who have well-groomed hair, dark suits, white shirts, ties and polished shoes. They stand up when they address the Judge. They speak politely, firmly, clearly and with good language. In fact, that is the best model that he can follow, if he wants to be well accepted by the Court that has power over his future. There’s a time and a place for the casual look, but that’s just not acceptable at court!

DO:

• Dress conservatively in clean business attire;
• Get a new haircut for Short;
• Stand up and speak clearly and intelligently in response to the Judge’s questions;
• Say “Yes, your honor” or “No, your honor”;
• Be respectful – Be courteous – Be courteous;
• Be on the lookout and ready for your case to be called;
• Definitely turn off your cell phone and any other electronic devices;
• Keep your best behavior at all times… you don’t know who’s watching you;
• Make notes of any questions or comments you have for your attorney.

WHOSE:

• Don’t sleep in court!
• Don’t interrupt the process by talking or laughing out loud!
• Don’t read a newspaper!
• Do not make faces or gestures towards the Jury!
• Don’t slouch in your flesh!

Following these suggestions will pay big dividends for the outcome of your case. this is your case. It is not the case of your lawyer or the case of your relative or the person who pays for your defense case. It is your case and only yours. Either you will give yourself every opportunity to emerge victorious, or you will lose and head to a place you wish you didn’t have to spend time. The choice is yours. Grow up, stand up and make the right decisions to achieve victory through proper behavior in the courtroom.