the trial process and the investigator as a witness

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

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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


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


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


Evidence

Anything that tends logically to prove or disprove a fact at issue in a judicial case or controversy


Proof

The combination of all the evidence in determining the guilt or innocence of a person accused of a crime


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


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.


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


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


The Introduction Of Demonstrative Evidence At Trial Demonstration evidence includes

items such as: maps diagrams sketches photos tape recordings


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”


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


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


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


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


Role Of The Law Enforcement Witness Credibility Preparation Appearance and demeanor Positive and firm in answering all

questions


the trial process and the investigator as a witness

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