1. 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

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

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

4. 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

5. 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

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

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

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

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

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

11. 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

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

14. 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

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

16. 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

17. Testifying in Admin and Criminal Proceedings Review Questions

18. 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

19. 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.

20. 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.

21. 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.

22. 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

23. 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

24. NCIT Basic Evaluations
Testifying in Administrative and Criminal Proceedings

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

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

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

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

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

30. NCIT Basic Course Evaluations
Overall

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

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

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

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

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

36. I would attend other courses of this type:
Yes No

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