Chapter18

Criminal Justice 2011

Chapter 18:

Preparation for Court

Criminal Investigation The Art and the Science by Michael D. Lyman Copyright 2011

CHAPTER SUMMARY

18.1 Learn the role of pretrial procedures in prosecution of the defendant. 18.2 Understand how the criminal trial process operates. 18.3 Evaluate the differences between direct and crossexamination. 18.4 Learn how investigators prepare for court. 18.5 Understand the techniques most commonly used by defense attorneys to discredit an investigator’s testimony. 18.6 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

18.1

Learn the role of pretrial procedures in prosecution of the defendant

18.1

Pretrial Procedures 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

18.1

Pretrial Procedures

Plea bargaining may take place (it almost always occurs)

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcome

18.2

Understand how the criminal trial process operates.

18.2

The Role of the Investigator in Court

The investigator is the conduit for information…

18.2

The Role of the Investigator in Court

Investigator

Prosecutor

18.2

Court Processes

Pre-trial Hearings

Preliminary Hearings

Trials

Sentencing Hearing

18.2

The Trial in Detail

Jury Selection

Opening Statements

Prosecution presents

Defense presents

18.2

The Trial in Detail (continued)

Closing Arguments

Jury Instructions

Jury Deliberation

Court Finding

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcome

18.3

Evaluate the differences between direct and cross-examination

18.3

Direct and Cross-examination

Direct Insert a picture of the inside of an officer testifying here Prosecution asks questions

Elements of the crime are covered The means, motive, and the Opportunity are also covered If known by the officer

The questioning is generally Friendly and from prepared reports and notes

18.3

Direct and Cross-examination

Cross Insert a picture of the inside of an officer testifying here Defense asks questions

deliberately attempting to manipulate the officer The objective is to discredit the Officer using whatever means Necessary

The questioning is generally Hostile

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcome

18.4

Learn how investigators prepare for court.

18.4

Preparing for Court

Review notes and reports

Review all evidence, including photos and mug shot Revisit the scene if possible

Meet with the prosecutor prior to testifying

Add picture of a Police report

18.4

Preparing for Court

Investigators may also be required to prepare witnesses and victims prior to hearings or trial.

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcome

18.5

Understand the techniques most commonly used by defense attorneys to discredit an investigator’s testimony.

18.5

Defense Strategies Against Police 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

Learning Objectives

After this lecture, you should be able to complete the following Learning Outcome

18.6

Learn the importance of good courtroom demeanor when testifying in court.

18.6

Court Etiquette

A few rules…

Be on time and know where you are going

Don’t discuss the case in public or with someone you don’t know

Treat everyone with respect… you might be talking with the defense attorney or a jurror

Dress appropriately

Don’t discuss your personal life – it may come up in court!!!

18.6

Courtroom Etiquette 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

18.6

Courtroom Testimony: #1 Rule

Tell the Truth!

18.6

Testimony

Defense attorneys learn how to capitalize on officer’s mistakes in court, here are some strategies to avoid mistakes:

Confine testimony to facts

Avoid expressing opinions unless asked

Don’t volunteer information answer only the question

Speak calmly even if unnerved

Use plain, simple language – no police slang

Keep your composure (never lose your temper)

18.6

Investigator Ethics

Determining the truth

VS

Obtaining a conviction

CHAPTER REVIEW

18.1 Learn the role of pretrial procedures in prosecution of the defendant. 18.2 Understand how the criminal trial process operates. 18.3 Evaluate the differences between direct and crossexamination. 18.4 Learn how investigators prepare for court. 18.5 Understand the techniques most commonly used by defense attorneys to discredit an investigator’s testimony. 18.6 Learn the importance of good courtroom demeanor when testifying in court.