Chapter 20 Writing Reports, Preparing for and Presenting Cases in Court

Reports A permanent written record of important facts that can be used to: Examine the past Keep other officers informed Continue investigations Prepare court cases Provide the court with relevant facts Coordinate law enforcement activities Plan for future law enforcement services Evaluate officers’ performance

Effective Reporting Use paragraphs Use the past tense Use first person Use active voice Be objective Be concise Be clear Be grammatically and mechanically correct Write legible Be reader-friendly

Cases Are Not Prosecuted If: The complaint is invalid The prosecutor declines after reading the case The complainant refuses to prosecute The offender dies The offender is in prison or out of the country and cannot be returned No evidence or leads exist

Preparing A Case For Court Review and evaluate all evidence, positive and negative, and the chain of custody Review all reports on the case Prepare witnesses Write the final report Hold a pretrial conference with the prosecutor

The Final Report Contains 1.The complaint 2.The preliminary investigation report 3.All follow-up reports 4.Statements, admissions, and confessions 5.Laboratory Reports 6.Photographs, sketches, and drawings 7.A summary of all the negative evidence

Pretrial Conference Review all the evidence Discuss the strengths and weaknesses of the case Discuss the probable line of questioning by the prosecutor and the defense Discuss complicated or detailed information fully Discuss any legal questions

Trial Main Participants Judge Jury Attorneys –Prosecutor –Defense Counsel Defendant Witnesses

Sequence Of A Criminal Trial 1.Jury Selection 2.Opening statements Presentation of the prosecution’s case 3.Presentation of the defense’s case 4.Closing statements 5.Instructions to the jury 6.Jury deliberation 7.Reading of the Verdict 8.Acquittal or passing of sentence

Examination of Witnesses Direct examination – the initial questioning of a witness or defendant by the lawyer who is using the person’s testimony to further his case. Cross-examination – questioning by the opposing side for the purpose of assessing the validity of the testimony.

Inadmissible Statements Opinions and conclusions (unless expert witness) Hearsay Privileged communication Statements about character and reputation, including the defendant’s criminal record

Effective Testimony Speak clearly, firmly, and with expression Answer questions directly Pause briefly before answering Refer to your notes if you do not recall exact details Admit calmly when you do not know an answer Admit any mistakes you made in testifying Avoid police jargon, sarcasm, and humor Tell the complete truth as you know it

Nonverbal Elements Dress Eye contact Posture Gestures Mannerisms Rate of speech Tone of voice

Excelling As A Witness Familiarize yourself extensively with the case Educate the prosecuting attorney Look professional Establish your credentials Keep the jury interested Force the defense attorney to prove his case Maintain your composure

Qualifying As An Expert Witness Present or prior employment in the specific field Active membership in a professional group in the field Research work in the field An educational degree directly related to the field Direct experience with the subject if not employed in the field Papers, treatises or books published on the subject or teaching experience in it

Cross-examination The defense attorney will: Be disarmingly friendly or intimidatingly rude Attack your credibility and impartiality Attack your investigative skill Attempt to force contradictions or inconsistencies Ask leading questions or deliberately misquote you Ask for a simple answer to a complex question Use rapid-fire questioning Use the silent treatment