Class Name, Instructor Name Lasley & Guskos, Criminal Investigation: An Illustrated Case Study Approach 1ed Chapter 20 FROM THE CRIME SCENE TO THE COURTROOM Class Name, Instructor Name Date, Semester

CHAPTER OBJECTIVES Describe the role of the investigator in court Outline the steps that investigators take to prepare for court Describe appropriate courtroom demeanor and conduct during testimony Understand the sources of proof Summarize investigator ethics and conduct

Describe the role of the investigator in court Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Describe the role of the investigator in court

Role of Investigators in Court

Prior to Case Filing Defendant is in custody Defendant has bailed out Defendant was cited to appear on another date

Defendant in Custody

Outline the steps that investigators take to prepare for court Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Outline the steps that investigators take to prepare for court

Case Evaluation Decide on charges to be filed Filing district attorney Evidence to file criminal charges

Reduction/Increase charges based on: Factors Prior arrests Active parole or probation Gang membership Severity of crime

Non-expedited Justifications Shoplifting with no prior record Misdemeanor battery Petty theft no prior record Public intoxication City/county ordinance violation

Violation of County Ordnance

Understand the sources of proof Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Understand the sources of proof

Process of a Criminal Case Investigator refer to DA Case reviewed by DA Charge(s) filed or dismissed Initial appearance, bail, conditions, next hearing scheduled Preliminary hearing or arraignment Pretrial/final conference Motion hearings Finding of guilt by plea or trial Sentencing

Trial Process First appearance for the defendant is the arraignment Defendant chooses their plea: guilty, not guilty, no contest Bail and future court dates can be set If a felony, the next appearance date is a preliminary hearing If misdemeanor, the next appearance date is set for pretrial hearing

Trial Process At preliminary hearing if judge determines sufficient facts to believe the defendant committed the crime, it is bound over for trial Motion to suppress evidence occurs to produce exculpatory evidence After pretrial motions, the trial will not begin until a jury is selected Jury selection seeks jurors who are unbiased; however, some can be challenged for cause and dismissed based on possible biases toward a case

Trial Process Opening statements begin by both the prosecution and defense Prosecutor then has the burden of proof and begins as case in chief Witnesses for the case will be given direct examination and then a cross examination to give both sides an equal opportunity to ask questions Redirect examination can also occur after cross examination for clarification purposes

Trial Process Exhibits are the next form of evidence in trial. real objects, items for demonstration, writings, and records Stipulations may be offered into evidence by the defense and/or prosecution Judicial notice can occur Closing arguments from both sides begin and end

Trial Process Jury is given instructions by the judge on the laws applicable to the case and verdict forms Jury is excused to discuss the case Jury renders a verdict in the case

Describe appropriate courtroom demeanor and conduct during testimony Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Describe appropriate courtroom demeanor and conduct during testimony

Testimony Types of testimony: Investigator Outside witness First responder *Determination of credibility and reliability must be made with outside witnesses *Officers defense is paramount to the case resolution and they must practice prior to trial as well a know the facts of the case in-depth

Officers On the Stand Confidence Body language Eye contact with attorney questioning them Responses go to jurors Open and friendly during testimony Speak clearly, slow, concise Short and to the point answers Carefully listen to each question Do not be defensive If you do not know an answer, say “I do not know” Should not give opinions, only facts Well-kept appearance Straight posture Limit gestures Rate and tone of speech Movement

Summarize investigator ethics and conduct Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes Summarize investigator ethics and conduct

Ethics

Police Misconduct vs. Procedural: Violation of police department rules and regulations Criminal: when it refers to a violation of state or federal law vs. 24 24

Violating a citizen’s civil rights or any combination thereof. Police Misconduct Unconstitutional: Violating a citizen’s civil rights or any combination thereof.

Common Types of Police Misconduct Excessive use of physical or deadly force Discriminatory arrest Physical or verbal harassment Selective enforcement of the law

OUT OF CONTROL DEFENDANTS! Courtroom Dangers OUT OF CONTROL DEFENDANTS!

CHAPTER SUMMARY Once a suspect is arrested or a police report is written, the case is transferred to a detective, who will conduct a follow-up investigation. When sufficient evidence is gathered, the investigator presents the case to the district attorney for filing. If charges are filed, the suspect, if in custody, will be arraigned. If the suspect is not in custody, a warrant will be issued for the suspect’s arrest. After the suspect is arraigned, a plea will be entered and bail issues will be discussed. If the crime is a felony, a date is set for a preliminary hearing. If the crime is a misdemeanor, a pretrial date is set. If the judge finds enough evidence in the preliminary hearing that the suspect probably committed the crime, the case will be set for trial.

CHAPTER SUMMARY The trial process begins with jury selection. During this process the prosecutor and the defense attorney interview several perspective jurors to determine whether they would serve fairly during the trial. Once the jury is seated, the judge gives some preliminary instructions regarding the case. The prosecutor and defense engage in opening statements, discussing a general storyline of the case and what their evidence will show. Once the statements have been heard, both sides present their case to the jury. After the case has been heard, closing statements are conducted, followed by instructions from the judge. From here, the jury will deliberate and render a verdict. When an investigator finishes an investigation, a decision is made to determine whether there is enough evidence to warrant a filing. If there is, the investigator discusses it with the district attorney. Together they will take the case, characteristics, and past criminal history of the suspect into account as they determine what charges, if any, to file.

CHAPTER SUMMARY When it comes to trial, there are four sources of evidence. These are witnesses, exhibits, stipulations, and judicial notice. Witnesses provide evidence through examination and their actual involvement in the case. Exhibits are the next principal form of evidence in a trial. The four types of exhibits are real objects (guns, blood), items used for demonstration (diagrams, models, maps), writings (counterfeit checks, letters), and records (private business, phone, public records). Officers should have a general attitude of confidence but not cockiness. To the average juror, police officers convey an air of authority and respect; therefore, they should maintain composure and dignity at all times and remember that their job is only to present the facts and evidence. Officers should remain open, friendly, and dignified and speak clearly, slowly, and concisely. They should keep sentences short and to the point and maintain a steady voice tone, as in a normal conversation. Officers’ general attitude toward the jury should convey a sense of peer respect. Most importantly, they are there to tell the truth about an incident they have knowledge about.