Criminal Justice 2011 Chapter 18: Preparation for Court Criminal Investigation The Art and the Science by Michael D. Lyman Copyright 2011

18.1 Learn the role of pretrial procedures in prosecution of the defendant Understand how the criminal trial process operates Evaluate the differences between direct and cross- examination Learn how investigators prepare for court Understand the techniques most commonly used by defense attorneys to discredit an investigator’s testimony Learn the importance of good courtroom demeanor when testifying in court. CHAPTER SUMMARY

Learn the role of pretrial procedures in prosecution of the defendant Learning Objectives After this lecture, you should be able to complete the following Learning Outcome 18.1

Pretrial Procedures 18.1 Case review by prosecutor If suspect is custody, bail hearing and arraignment takes place For felony cases, a preliminary hearing is mandated unless waived by the defendant Discovery is mandated by the judge Hearings to suppress evidence, dismiss the case, change of venue, etc… all take place prior to trial

Pretrial Procedures 18.1 Plea bargaining may take place (it almost always occurs)

Understand how the criminal trial process operates. Learning Objectives After this lecture, you should be able to complete the following Learning Outcome 18.2

The Role of the Investigator in Court 18.2 The investigator is the conduit for information…

The Role of the Investigator in Court 18.2 Prosecutor Investigator

Court Processes 18.2 Pre-trial Hearings Preliminary Hearings Trials Sentencing Hearing

The Trial in Detail 18.2 Jury Selection Opening Statements Prosecution presents Defense presents

The Trial in Detail (continued) 18.2 Closing Arguments Jury Instructions Jury Deliberation Court Finding

Evaluate the differences between direct and cross-examination Learning Objectives After this lecture, you should be able to complete the following Learning Outcome 18.3

Elements of the crime are covered The means, motive, and the Opportunity are also covered If known by the officer Direct and Cross-examination 18.3 Prosecution asks questions Direct The questioning is generally Friendly and from prepared reports and notes Insert a picture of the inside of an officer testifying here Insert a picture of the inside of an officer testifying here

deliberately attempting to manipulate the officer The objective is to discredit the Officer using whatever means Necessary Direct and Cross-examination 18.3 Defense asks questions Cross The questioning is generally Hostile Insert a picture of the inside of an officer testifying here Insert a picture of the inside of an officer testifying here

Learn how investigators prepare for court. Learning Objectives After this lecture, you should be able to complete the following Learning Outcome 18.4

Preparing for Court 18.4 Review notes and reports Review all evidence, including photos and mug shot Revisit the scene if possible Add picture of a Police report Add picture of a Police report Meet with the prosecutor prior to testifying

Preparing for Court 18.4 Investigators may also be required to prepare witnesses and victims prior to hearings or trial.

Understand the techniques most commonly used by defense attorneys to discredit an investigator’s testimony. Learning Objectives After this lecture, you should be able to complete the following Learning Outcome 18.5

Defense Strategies Against Police 18.5 Looking for inconsistencies in reports or prior testimony Purposefully mispronouncing the officer’s name repeatedly Attempting to get the office to lose his or her temper Bringing out personal biases

Learn the importance of good courtroom demeanor when testifying in court. Learning Objectives After this lecture, you should be able to complete the following Learning Outcome 18.6

Court Etiquette 18.6 Dress appropriately Treat everyone with respect… you might be talking with the defense attorney or a jurror Don’t discuss the case in public or with someone you don’t know Be on time and know where you are going A few rules… Don’t discuss your personal life – it may come up in court!!!

Courtroom Etiquette 18.6 Be yourself, not stiff or robotic, don’t try to be humorous Address everyone formally: Your honor, sir, m'am, the defendant, Mr. Jones, etc… Look at the person who is asking the question, then look at the fact finder (judge or jury) when answering Don’t drink water, even if it is offered, sit up straight, and don’t use slang unless you are quoting someone

Courtroom Testimony: #1 Rule 18.6 Tell the Truth! Tell the Truth!

Testimony 18.6 Speak calmly even if un- nerved Don’t volunteer information - answer only the question Avoid expressing opinions unless asked Confine testimony to facts Defense attorneys learn how to capitalize on officer’s mistakes in court, here are some strategies to avoid mistakes: Use plain, simple language – no police slang Keep your composure (never lose your temper) Keep your composure (never lose your temper)

Determining the truth Investigator Ethics 18.6 Obtaining a conviction VS

18.1 Learn the role of pretrial procedures in prosecution of the defendant Understand how the criminal trial process operates Evaluate the differences between direct and cross- examination Learn how investigators prepare for court Understand the techniques most commonly used by defense attorneys to discredit an investigator’s testimony Learn the importance of good courtroom demeanor when testifying in court. CHAPTER REVIEW