Chapter 18, Preparation for Court Flashcards
Officers should disclose the following in trial:
- Info beneficial to the defendant (disclosure of exculpatory evidence)
- Disclosure of exculpatory info or other flaws in case
- Familiarity with the rules of evidence
- notes and reports in courtroom
- physical evidence
- witnesses
- communication with defense attorneys
- testifying for defendant
Investigators courtroom checklist
elements of offense probable cause for arrest defendants story confession of suspect ion prior statements and testimony of witnesses reliability of witnesses warrants and affidavits physical evidence Exhibits, sketches, diagrams
testifying in court
- confine the testimony to known facts
- avoid expressing opinions or conclusions except when they are authorized by rules of evidence (- direct examination and cross examination)
- speak calmly - audibly
- use plain understood terms
6 don’t volunteer information
7 maintain self control
deception in police work
understanding the difference between deceptive conduct and deceptive misconduct - deception is not only condoned but also encouraged or even required in police work
Expert Witness Role
prosecutor locate an officer with extensive experience in given area.
expert witness is one whose knowledge exceeds those of moderate education or experience in field -
types of witnesses in courtroom testimony
- fact witness
- Expert Witness
- Police officer
- fact witness
has personal knowledge of events pertaining to a case and can only testify to things he or she personally saw
- Expert witness
permitted to offer opinions that may assist the judge or jury in understanding specialized technical knowledge that would otherwise be beyond their experience
Police officer as witness (3)
straddles the domains of face and expert witnesses. may be asked bout what he/and or the defendant did (like a fact witness) and then be asked to state an opinion ( like an expert witness)
steps to prepare for an upcoming trial
cooperate fully with prosecutors in prep of testimony and other evidence
pretrial conference held between prosecutor and officers testifying
officers provide prosecutors with all info, for defendant and prosecutor
familiarity with rules of evidence
how to properly testify on witness stand
confine the testimony to known facts avoid expressing opinions or conclusions don't volunteer info speak calmly and audibly plain easy terms self control
pitfalls when testifying in court
- be aware of questions involving distance and time
- if asked by opposing counsel if you talked to opposing council admit freely
- if asked why you don’t like the def, respond that you feel sorry for anyone in trouble
- if asked why you are here, say you are in the courtroom in response to being served with subpoena issued by the court clerk
lay witness
witnesses who are not expert witnesses