1. Law Enforcement in Child Abuse Cases Considerations for Court Appearances and Testifying

2. Criminal Investigators-What you are from the legal perspective Fact Witnesses with regard to evidence collection, suspect interview, observations. Fact Witnesses with regard to evidence collection, suspect interview, observations. Expert Witnesses when the occasion calls for expertise. Expert Witnesses when the occasion calls for expertise. Advocates for the guilt of the accused, but fair and honest. Advocates for the guilt of the accused, but fair and honest.

3. Criminal Investigators- What you are not from the legal perspective Zealots with a personal interest in the outcome of a particular case. Zealots with a personal interest in the outcome of a particular case. Victim advocates except to support victims of crime within the context of the investigatory role. Victim advocates except to support victims of crime within the context of the investigatory role.

4. Investigators: Working with the Prosecutor What the Prosecutor wants: What the Prosecutor wants: To understand the case, begin to identify a theme. To understand the case, begin to identify a theme. To have the evidence for arrest, indictment, conviction. To have the evidence for arrest, indictment, conviction. All elements met? All elements met? All possible evidence collected, preserved? All possible evidence collected, preserved? All statements recorded? All statements recorded? All witnesses identified? All witnesses identified? To not be yelled at by boss or judge. To not be yelled at by boss or judge. To not see name in paper as buffoon who blew case. To not see name in paper as buffoon who blew case. To not be fired for above. To not be fired for above.

5. What Prosecutors Need from Law Enforcement Details, details, details. Details, details, details. Direct quotes if at all possible, coupled with physical observations (frowning, appeared frightened, eyes darting toward mom, etc.). Direct quotes if at all possible, coupled with physical observations (frowning, appeared frightened, eyes darting toward mom, etc.). Physical descriptions of the all relevant places. Physical descriptions of the all relevant places. Be creative and thorough about what constitutes the crime scene! Be creative and thorough about what constitutes the crime scene! Well written, thorough reports that comply with departmental guidelines! Well written, thorough reports that comply with departmental guidelines!

6. First Responders First Responders to sex cases can make or break a close case! Patrol should: First Responders to sex cases can make or break a close case! Patrol should: Assess the safety and immediate needs of the victim(s). Assess the safety and immediate needs of the victim(s). DV? Child Protective Services? DV? Child Protective Services? Observe and carefully document the environment. Observe and carefully document the environment. Excited utterances, present sense impressions. Excited utterances, present sense impressions. Identify and Control the crime scene. Identify and Control the crime scene. Take statements verbatim to the extent possible! Take statements verbatim to the extent possible!

7. First Responders Patrol should not: Patrol should not: Do in-depth interviews with victims, particularly children, even if trained. Do in-depth interviews with victims, particularly children, even if trained. Fail to alert the MDT, or a detective. Fail to alert the MDT, or a detective. Minimize the situation, or make judgments about what/what did not happen. Minimize the situation, or make judgments about what/what did not happen.

8. Patrol at the Acute Crime Scene: Your Victim’s Body Always a crime scene. Victim must be encouraged not to: Always a crime scene. Victim must be encouraged not to: Bathe Bathe Urinate, defecate, vomit. Urinate, defecate, vomit. Remove, destroy clothing. Remove, destroy clothing. Brush teeth. Brush teeth. Safety is first, but comfort must go second in order to ensure that valuable evidence is not lost. Safety is first, but comfort must go second in order to ensure that valuable evidence is not lost. Patrol must be trained to both explain, preserve, and provide comfort until investigators arrive. Patrol must be trained to both explain, preserve, and provide comfort until investigators arrive.

9. Patrol at the Crime Scene: Preserving the Environment Identify and Control the scene! Identify and Control the scene! What constitutes the scene? What constitutes the scene? Wooded area, beach? Wooded area, beach? Parking lot? Parking lot? Victim’s car, residence, office, hotel room? Victim’s car, residence, office, hotel room? Offender’s residence, office, hotel room? Offender’s residence, office, hotel room? Consider what could be left behind. Consider what could be left behind. Condom, condom wrapper, lubricants. Condom, condom wrapper, lubricants. Underwear, if torn from body. Underwear, if torn from body. Fingerprinted items. Fingerprinted items. DNA likely items (cigarette butts, chewing gum). DNA likely items (cigarette butts, chewing gum).

10. Patrol and the Known Suspect: Crucial Minutes Patrol may have the opportunity to make an immediate arrest, or have contact with the perpetrator in a child sex case. Patrol may have the opportunity to make an immediate arrest, or have contact with the perpetrator in a child sex case. Generally should not interview, but should listen and record everything. Generally should not interview, but should listen and record everything. If no immediate arrest, patrol should: If no immediate arrest, patrol should: Assure immediate safety of everyone involved. Assure immediate safety of everyone involved. Assess possible means/routes of escape in stranger cases, and get a fresh description of the victim from the child. Assess possible means/routes of escape in stranger cases, and get a fresh description of the victim from the child. Make NO judgments or promises! Make NO judgments or promises!

11. General Considerations- Testifying As An Expert Experts need not have a degree or specialized formal training. Must know more than average judge or juror about a specific area. Experts need not have a degree or specialized formal training. Must know more than average judge or juror about a specific area. For cops: Neighborhoods, drug activity, gang activity. For cops: Neighborhoods, drug activity, gang activity. Experts are NOT legal advocates Experts are NOT legal advocates can’t get caught up in the ‘get the bastard’ routine. can’t get caught up in the ‘get the bastard’ routine. best way to assure that justice is done is to let the evidence (including the expert opinion) speak for itself. best way to assure that justice is done is to let the evidence (including the expert opinion) speak for itself.

12. Trial Preparation- Investigators Address errors before trial. Address errors before trial. Report writing: Details are everything. Report writing: Details are everything. Proofread, work on technical writing skills. Proofread, work on technical writing skills. Assume jurors and judge will read it. Assume jurors and judge will read it. Don’t hide anything! Prosecutors are legally responsible for everything you know about the case. Don’t hide anything! Prosecutors are legally responsible for everything you know about the case. Eliminate surprises. Eliminate surprises.

13. The Investigator at Trial Preparation for Court Preparation for Court Dress conservatively. Remember the stereotypes, and don’t play into them. Dress conservatively. Remember the stereotypes, and don’t play into them. Bring a book, or other case work. Court is often ‘hurry up and wait’. Bring a book, or other case work. Court is often ‘hurry up and wait’. Go over your report until it is all but memorized. Go over your report until it is all but memorized. Testimony from memory is much more powerful to the jury then testimony obviously being refreshed by the report in front of you! Testimony from memory is much more powerful to the jury then testimony obviously being refreshed by the report in front of you!

14. At the Courthouse You are ‘on’ for the purposes of your testimony from the moment you park your car. You are ‘on’ for the purposes of your testimony from the moment you park your car. Put on your game face! Put on your game face! Remember: Jurors are Everywhere. Remember: Jurors are Everywhere. Be kind but professional to victims when you see them at the courthouse. Be kind but professional to victims when you see them at the courthouse. Let advocates and victim-witness professionals do their job with victims and families. Let advocates and victim-witness professionals do their job with victims and families.

15. Testifying Tips Kill Them With Kindness. Kill Them With Kindness. don’t be defensive, no matter what. don’t be defensive, no matter what. pleasant, professional manner in the face of rude/rabid questioning makes you shine. pleasant, professional manner in the face of rude/rabid questioning makes you shine. Take the oath seriously! Take the oath seriously! Even if you’ve done it 1000 times, the jury is seeing it for the first time. Impress them with how seriously you take it. Even if you’ve done it 1000 times, the jury is seeing it for the first time. Impress them with how seriously you take it.

16. Testifying Tips- Continued The lawyer who calls you is there to protect you The lawyer who calls you is there to protect you Redirect examination provides you the ability to explain answers Redirect examination provides you the ability to explain answers Use your judgment in defending your opinion on your own. Don’t waiver once you’ve made your decision. Use your judgment in defending your opinion on your own. Don’t waiver once you’ve made your decision. Remember, juries generally want to believe cops Remember, juries generally want to believe cops

17. General Considerations Every case can leave a permanent record (transcript). Every case can leave a permanent record (transcript). no case is worth your sense of fairness, your integrity, your credibility. Decisions you make in the heat of the moment in court can follow you for your whole career. no case is worth your sense of fairness, your integrity, your credibility. Decisions you make in the heat of the moment in court can follow you for your whole career. stresses the importance of being prepared, working with the lawyer who is calling you, and choosing your words carefully. stresses the importance of being prepared, working with the lawyer who is calling you, and choosing your words carefully.

18. General Considerations-Cont. Never let them see you sweat Never let them see you sweat Don’t lose your cool no matter what. It is simply never worth it, even when it is understandable. Don’t lose your cool no matter what. It is simply never worth it, even when it is understandable. Stay kind, professional and calm in the face of rudeness and stupidity, and you will be amazed how much it benefits you and costs the lawyer. Stay kind, professional and calm in the face of rudeness and stupidity, and you will be amazed how much it benefits you and costs the lawyer. Applies to interview, courthouse, or on stand Applies to interview, courthouse, or on stand