The Trial Process and the Investigator as a Witness

LEARNING OBJECTIVES  Briefly outline the steps in a trial process  Assess the importance of a criminal investigator’s knowing the rules of evidence  Describe the hearsay rule and the philosophy under which the exceptions to this rule have evolved  Explain the impact of Crawford v. Washington on the rules of evidence  Explain the reason for the existence of evidentiary privileges  Discuss the role of an investigator as a witness in a criminal trial  Explain the purpose of cross-examination © 2012 McGraw-Hill Higher Education. All rights reserved. 2

Evaluating The Case  Investigators must consider risk factors in deciding when to arrest  Whether the suspect will flee if allowed to remain free  The potential danger to others if the suspect is free  Hardships imposed on the suspect by early incarceration © 2012 McGraw-Hill Higher Education. All rights reserved. 3

Steps In The Trial Process  Investigators seldom get to attend a full trial  As a result they may not be fully aware of all the steps including:  Direct examinations  Cross examinations  Redirect examinations  Recross examination  Rebuttal  Surrebuttal  Closing arguments © 2012 McGraw-Hill Higher Education. All rights reserved. 4

Knowing Rules Of Evidence  Criminal investigators need a good working knowledge of rules of evidence  The are responsible for collecting and preserving evidence for use by prosecutors  They must be able to distinguish between:  Factual material that is admissible in court  That which is worthless as evidence © 2012 McGraw-Hill Higher Education. All rights reserved. 5

Evidence  Anything that tends logically to prove or disprove a fact at issue in a judicial case or controversy © 2012 McGraw-Hill Higher Education. All rights reserved. 6

Proof  The combination of all the evidence in determining the guilt or innocence of a person accused of a crime © 2012 McGraw-Hill Higher Education. All rights reserved. 7

The Relation of Evidence and Proof  In this pie diagram:  Slices of the pie are matters of evidence  The entire pie might constitute proof of guilt © 2012 McGraw-Hill Higher Education. All rights reserved. 8

Judicial Notice  The doctrine of judicial notice is an evidentiary shortcut.  Judicial notice is designed to speed up the trial and eliminate the necessity of formally proving the truth of a particular matter when the truth is not in dispute. © 2012 McGraw-Hill Higher Education. All rights reserved. 9

Types Of Evidence  Direct Evidence  Direct evidence usually is the testimony of witnesses that ties the defendant directly to the commission of the crime  Real Evidence  Sometimes referred to as “physical evidence,” real evidence is connected with the commission of the crime and can be produced in court  Demonstrative Evidence  Demonstrative, or illustrative evidence consists of maps, diagrams, sketches, photographs, tape recordings, videotapes, X-rays, and visual tests and demonstrations produced to assist witnesses in explaining their testimony © 2012 McGraw-Hill Higher Education. All rights reserved. 10

Types Of Evidence  Circumstantial Evidence  The broad definition of circumstantial evidence encompasses all evidence other than direct evidence, provided that it logically relates the defendant to the crime  Opinion Evidence  Matters of description in which a nonexpert may give an opinion include color, size, shape, speed, mental condition, identity, race, and language © 2012 McGraw-Hill Higher Education. All rights reserved. 11

The Introduction Of Demonstrative Evidence At Trial  Demonstration evidence includes items such as:  maps  diagrams  sketches  photos  tape recordings © 2012 McGraw-Hill Higher Education. All rights reserved. 12

Hearsay Evidence  The fact that stories tend to be changed when they are repeated makes their reliability and truthfulness questionable.  For this reason, the hearsay rule was created. Hearsay is derived from “heard say” © 2012 McGraw-Hill Higher Education. All rights reserved. 13

Exceptions To The Hearsay Rule  If the circumstances surrounding the hearsay evidence can ensure a high degree of trustworthiness and reliability, that evidence is admissible as an exception to the rule in order to minimize any injustice  Confessions  Admissions  Spontaneous and Excited Utterances  Dying Declarations  Former Testimony © 2012 McGraw-Hill Higher Education. All rights reserved. 14

Evidentiary Privileges  Defendants and other witnesses have a right to have certain matters of communication barred from disclosure in court  Confidential communications between husband and wife  Confidential communications between attorney and client  Grand jury proceedings that are confidential requirements of law are barred © 2012 McGraw-Hill Higher Education. All rights reserved. 15

The Role Of The Police Witness  The investigator must inform the jury of the matters investigated in the case  The investigator presents this information so that the jury understands the sequence events and their significance  The investigator may not offer personal conclusions © 2012 McGraw-Hill Higher Education. All rights reserved. 16

Expert Witness  A person who is called to testify in court because of his or her special skills or knowledge  Permitted to interpret facts and give opinions about their significance to facilitate jurors’ understanding of complex or technical matters © 2012 McGraw-Hill Higher Education. All rights reserved. 17

Role Of The Law Enforcement Witness  Credibility  Preparation  Appearance and demeanor  Positive and firm in answering all questions © 2012 McGraw-Hill Higher Education. All rights reserved. 18