Criminal Evidence for the Law Enforcement Officer Criminal Evidence for the Law Enforcement Officer

n n How to Testify Effectively

The Officer’s Role The Officer’s Role n The law enforcement officer plays a key role in the successful prosecution of a criminal defendant.

The Officer’s Role The Officer’s Role n During the investigation of a crime, officers interview witnesses, preserve the crime scene, and collect physical evidence–all of which is essential in proving a defendant guilty beyond a reasonable doubt.

The Basic Concern for the Officer n n What the officer says on the stand, and how it is said, may make the difference between a conviction or an acquittal.

The Single Most Important Consideration in Testifying The Single Most Important Consideration in Testifying n Testify truthfully.

Problems of the New Officer Problems of the New Officer n n A novice officer may have several questions about being called to testify such as: u u What do I wear? u u Where do I appear? u u What do I do when I get there? u u What do I take with me?

What to Do Before the Trial n On receipt of notice to appear (subpoena) as a witness, the officer should do a number of things before appearing in court.

What to Do Before the Trial What to Do Before the Trial n n Notify superiors of the notice to appear as a witness. n n Make necessary arrangements to be available on the trial date, including rescheduling shift assignments or vacations. (On-call) n n Provide all the facts of the case to the prosecutor, even facts revealing weaknesses or problems in the case. n n Discuss all facts surrounding the execution of a search warrant, arrest, and interrogation of the defendant with the prosecutor.

What to Do Before the Trial n n Become completely familiar with the facts of the case. n Ascertain from the prosecutor what the focus of testimony will be. n Check the evidence locker to assure the evidence is available and prepare it for proper presentation. n Solicit advice from senior and superior officers. n Attend a trial to observe other officers testifying as witnesses.

What to Wear in Court n n The officer should not handicap his or her testimony by wearing inappropriate attire to court.

Police Attire in Court: Some Basic Considerations n n Wear to court what an officer wears to work. n n If the officer wears a uniform to work, then he or she should wear it to court. n n If the officer is a detective or in some other unit that does not require that uniforms be worn, then business attire is appropriate for court. n n Some officers who come to court on their days off may also choose to wear a suit instead of their uniform.

Something to Avoid! Something to Avoid! n An officer should remove uniform hats or motorcycle helmets prior to entering the court room. n There should be no communication between an officer and any member of the jury. (Aside from giving testimony.)

Where to Appear and What to Do n n When the officer receives a notice to appear in court, the officer is usually advised exactly where and when to appear on the subpoena.

When, Who, and Where n n If the officer is to appear on the first day of the trial, he or she must go to the designated courtroom and wait for further instructions. n n If the trial of the case is continued, the judge will advise the witnesses to return on a certain date. n n If the prosecutor has told the officer that s/he does not have to appear until some time after the trial has started, the officer should be in court at the appointed time and notify the prosecutor of his or her presence or advise the bailiff or court clerk when court is in session.

When, Who, and Where n n The officer should be where s/he is supposed to be at the right time. n n There is no excuse for being late or not showing up for a court appearance, regardless of how many continuances have been granted or may be anticipated. n n If for some reason the officer is going to be late, s/he should telephone the attorney who issued the suboena or the court clerk, explain the reason for the delay, and give an estimated time of arrival.

Rule on Witnesses or Witness Sequestration Rule n n Typically, witnesses are excluded from the courtroom during a trial, (to prevent one witness from hearing another witness’s testimony). n n The officer should determine before going into the courtroom whether the witnesses have been excluded, in order to comply with the judge’s exclusion order.

Conferring with the Prosecuting Attorney n Any conference with the prosecuting attorney concerning the officer’s testimony should take place prior to the trial date. n The officer should bring his or her own copies of reports and should not borrow the prosecutor’s file to review.

Being Called to the Stand n n The officer should never walk in front of the judge between the judge’s bench and the attorneys’ table. n n This area is called the “well” and is considered off limits unless the judge directs you to walk in this area.

On the Witness Stand n n Common sense dictates that the officer will want to appear as professional, natural, and personable as possible before the jury, and should avoid robot-like mannerisms that signal to the jury that the officer is not experienced or comfortable on the witness stand or might have something to hide.

Voice and Expressions n n While testifying, the officer should speak into the microphone, if there is one, using a normal conversational tone and level. n n The officer should avoid sentence fillers, such as “uh,” “well,” “you know,” or “like” because, when used in excess, these words can be annoying to the jury and can signal that the officer is uncertain about an answer, even if that is not the case.

Profanity and Vulgarity Profanity and Vulgarity n n Profane or vulgar terms must be avoided while testifying, unless the officer is repeating the exact words used in a conversation. n n When the officer must quote exact language for the jury to hear, the officer should tell the jury that he or she is in fact quoting the exact language used.

Jargon: “211 in Progress, Handle Code Three.” n Police jargon, as well as the language of criminals that has been adopted into the officer’s vocabulary, should be avoided or else thoroughly explained when testifying otherwise the jury will lose the meaning of the officer’s testimony.

References to the Accused n n The officer’s voice should avoid carrying an inflection that shows prejudice against the defendant. n n When identifying the defendant for the first time, the officer should look to the defense table where the defendant is sitting, identify the defendant, and describe what he or she is wearing. n n The officer should avoid pointing at the defendant because it is accusatory, and the court reporter may not reflect gestures such as pointing on the record.

Answering Questions on the Stand Answering Questions on the Stand n n The first few questions asked of the officer by the prosecuting attorney will be background questions. n n Although the officer may be bored reciting such basic information or a lengthy training history, this information is required for the trial record. n n Equally important, the jury will be hearing this information for the first time, and it will be the first opportunity for the jury to see the officer. n n The jury will begin formulating its opinion about the officer based upon this early portion of the testimony.

Answering Questions on the Stand Answering Questions on the Stand n n As the prosecuting attorney begins to question the officer, the defense attorney will undoubtedly make objections to some questions. u u When an objection is made, the judge may sustain the objection, which means that the question may not be answered. u u Or the judge may overrule the objection, which authorizes the officer to answer the question. u u When an Objection is made, stop and await the judge’s direction.

When the Officer Forgets Details of the Case n n If the officer is unable to remember, the officer should simply state, “I do not recall at this time, but I did write that information in my report. If I am able to review my report, which I made when the facts were still fresh in my memory, I’m sure it will refresh my memory.”

When the Officer Forgets Details of the Case n n Once the officer has reviewed the report, he or she must be able to truthfully say that his or her memory is refreshed. n n Then, when the officer answers questions, his or her testimony is completely truthful.

Don’t Forget Your Report! Don’t Forget Your Report! n n Any document that the officer used to refresh his or her memory while on the stand may be examined by the defense attorney. n n If the officer uses a pocket notebook for this purpose, the defense attorney may peruse the entire notebook.

Cross-Examination Cross-Examination n n Defense attorneys differ in their approach to witnesses upon cross- examination. u u Some defense attorneys assume a very friendly attitude toward the witness. u u Some defense attorneys assume an extremely adversarial attitude.

Watch Out! n n Ask for clarification of ambiguous or misleading questions. n n Remain composed, even if the prosecutor assumes an adversarial attitude. n n Avoid becoming emotionally involved to the point of doing or saying things that are detrimental to the prosecution of the case. n n Never become engaged in a verbal altercation with either attorney.

After Testifying n n After completing both direct and cross- examination testimony, the officer should make certain that he or she is “permanently” excused before leaving the courthouse. n n Many times the prosecutor or defense attorney may recall officers for further testimony, so the officer will need to ascertain whether or not he or she will be called again to testify before leaving.

Review the Case After Verdict Review the Case After Verdict n n Whether an acquittal is granted or a conviction obtained, the officer should review the case to determine how to improve his or her investigation and courtroom techniques.