Testifying in Administrative and Criminal Proceedings National Certified Investigator/Inspector Training Basic Program Darrel S. Crimmins Bureau of Enforcement and Investigation, PA Dept of State

Lying under oath is a criminal offence I. Introduction Lying under oath is a criminal offence

I. Introduction Providing testimony is an important component of being a complete investigator

II. Providing Testimony is a Critical Component of Being a Professional Investigator Testifying puts the investigator’s professional qualities under close scrutiny, including: Evidence Gathering Report Writing Past Case Work

III. When and Why do you Testify? Examination for Discovery What is it? What does it entail? Takeaway Concept- not a “practice run” for hearings, you should prepare just as much for the proceeding as you would for a hearing

III. When and Why do you Testify? Hearings What are they? Roles of Key Participants Board Counsel Lawyer representing the licensee Presiding Officer

III. When and Why do you Testify? Hearings What will hearings entail? Direct or “Examination-in-Chief” Cross Examination Re-Examination

IV. Common Uses of Investigator Testimony Main Witness, Summarizing Evidence Challenge to other Witness Credibility Specific Exhibits or Investigative Results

V. How Do You Best Prepare for a Hearing? Understanding your specific role in the hearing Goal: Project Confidence without Overconfidence

V. How Do You Best Prepare for a Hearing? Goal: Be the most credible witness to testify Be Objective Be Impartial Tell the Truth

V. How Do You Best Prepare for a Hearing? Preparing to Meet those Goals: Know the charges filed Know the evidence Know the statements Professional Dress and Demeanor

V. How Do You Best Prepare for a Hearing? Evaluate Your Performance

VI. What Creates the Best Witness Testimony? Listening Skills: Listen to the question actually asked Listen for ambiguity in the question Speaking Skills: Speak with precision Speak without undermining your message

VI. What Creates the Best Witness Testimony? Professional Attitude Attention to Detail Scrupulous Honesty

VI. Avoiding the Landmines of Testimony Cross Examination as a truth finding tool Do not take cross examination personally Do not argue with the counsel Think through answers before you speak Stop when your answer is complete Correct errors immediately

Testifying in Admin and Criminal Proceedings Review Questions

Review Question 1 True or False: If a mistake is made during testimony, the investigator should avoid admitting it to preserve his/her testimony. True False

When testifying, the investigator’s role is to: Review Question 2 When testifying, the investigator’s role is to: Tell the truth. Ensure the guilty party is sanctioned. Make the regulatory organization look good. Demonstrate the violation or offence.

Review Question 3 Remaining calm, attention to detail and speaking carefully are all elements of: Good courtroom demeanor. Deceiving the defense attorney. Inappropriate witness behavior. Expert, but not lay, testimony.

In order to prepare effective testimony, an investigator must develop: Review Question 4 In order to prepare effective testimony, an investigator must develop: A personal relationship with the prosecutor. Thorough knowledge of the elements of the case and offence. Demonstrative evidence. Develop a personal relationship with the respondent.

Testifying in Administrative & Criminal Proceedings Summary (1 of 2) Always think through answers before responding Effective preparation for testimony includes thorough knowledge of the offence To display good courtroom demeanor demonstrate respect for all parties, provide clear and concise answers and ensure testimony is fair and impartial

Testifying in Administrative & Criminal Proceedings Summary (2 of 2) Investigators are often called to testify in order to summarize the evidence collected The ultimate goal of a hearing is to gather evidence Correct mistakes in testimony at the first available opportunity

NCIT Basic Evaluations Testifying in Administrative and Criminal Proceedings

In general, this instructor: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The style of delivery: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The content: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The amount of material covered: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The usefulness of this session : Unacceptable Needs to Improve Is Good Is Very Good Excellent

NCIT Basic Course Evaluations Overall

In general, this program: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The amount of material covered: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The usefulness of this program: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The amount of time set aside for discussion: Unacceptable Needs to Improve Is Good Is Very Good Excellent

The utilization of I<Clicker to enhance the program experience: Unacceptable Needs to Improve Is Good Is Very Good Excellent

I would attend other courses of this type: Yes No

I would be interested in intensive training in a particular area: Yes No