Criminal Justice 2011
Chapter 18:
Preparation for Court
Criminal Investigation
The Art and the Science
by Michael D. Lyman
Copyright 2011
CHAPTER SUMMARY
18.1 Learn the role of pretrial procedures in prosecution of the
defendant.
18.2 Understand how the criminal trial process operates.
18.3 Evaluate the differences between direct and crossexamination.
18.4 Learn how investigators prepare for court.
18.5 Understand the techniques most commonly used by defense
attorneys to discredit an investigator’s testimony.
18.6 Learn the importance of good courtroom demeanor when
testifying in court.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcome
18.1
Learn the role of pretrial procedures
in prosecution of the defendant
18.1
Pretrial Procedures
Case review by prosecutor
If suspect is custody, bail hearing and arraignment takes place
For felony cases, a preliminary hearing is mandated unless waived by the
defendant
Discovery is mandated by the judge
Hearings to suppress evidence, dismiss the case, change of venue, etc…
all take place prior to trial
18.1
Pretrial Procedures
Plea bargaining may take place (it almost always occurs)
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcome
18.2
Understand how the criminal trial
process operates.
18.2
The Role of the Investigator in Court
The investigator is the conduit for information…
18.2
The Role of the Investigator in Court
Investigator
Prosecutor
18.2
Court Processes
Pre-trial
Hearings
Preliminary
Hearings
Trials
Sentencing
Hearing
18.2
The Trial in Detail
Jury Selection
Opening
Statements
Prosecution
presents
Defense
presents
18.2
The Trial in Detail (continued)
Closing
Arguments
Jury
Instructions
Jury
Deliberation
Court Finding
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcome
18.3
Evaluate the differences between
direct and cross-examination
18.3
Direct and Cross-examination
Direct
Insert a picture of the
inside of an officer testifying here
Prosecution asks questions
Elements of the crime are
covered
The means, motive, and the
Opportunity are also covered
If known by the officer
The questioning is generally
Friendly and from prepared
reports and notes
18.3
Direct and Cross-examination
Cross
Insert a picture of the
inside of an officer testifying here
Defense asks questions
deliberately attempting to
manipulate the officer
The objective is to discredit the
Officer using whatever means
Necessary
The questioning is generally
Hostile
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcome
18.4
Learn how investigators prepare for
court.
18.4
Preparing for Court
Review notes and reports
Review all evidence,
including photos and mug
shot
Revisit the scene if possible
Meet with the prosecutor prior
to testifying
Add picture of a
Police report
18.4
Preparing for Court
Investigators may also be required to prepare
witnesses and victims prior to hearings or trial.
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcome
18.5
Understand the techniques most
commonly used by defense attorneys
to discredit an investigator’s
testimony.
18.5
Defense Strategies Against Police
Looking for inconsistencies in reports or prior testimony
Purposefully mispronouncing the officer’s name repeatedly
Attempting to get the office to lose his or her temper
Bringing out personal biases
Learning Objectives
After this lecture, you should be able to complete the following Learning Outcome
18.6
Learn the importance of good
courtroom demeanor when testifying
in court.
18.6
Court Etiquette
A few rules…
Be on time
and know
where you
are going
Don’t
discuss the
case in
public or
with
someone
you don’t
know
Treat everyone
with respect…
you might be
talking with
the defense
attorney or a
jurror
Dress
appropriately
Don’t discuss
your personal
life – it may
come up in
court!!!
18.6
Courtroom Etiquette
Be yourself, not stiff or robotic, don’t try to be humorous
Address everyone formally: Your honor, sir, m'am, the defendant, Mr.
Jones, etc…
Look at the person who is asking the question, then look at the fact finder
(judge or jury) when answering
Don’t drink water, even if it is offered, sit up straight, and don’t use slang
unless you are quoting someone
18.6
Courtroom Testimony: #1 Rule
Tell the
Truth!
18.6
Testimony
Defense attorneys learn how to capitalize on officer’s
mistakes in court, here are some strategies to avoid
mistakes:
Confine
testimony
to facts
Avoid
expressing
opinions
unless
asked
Don’t
volunteer
information answer only
the question
Speak calmly
even if unnerved
Use plain,
simple
language –
no police
slang
Keep your
composure
(never lose
your temper)
18.6
Investigator Ethics
Determining the
truth
VS
Obtaining a
conviction
CHAPTER REVIEW
18.1 Learn the role of pretrial procedures in prosecution of the
defendant.
18.2 Understand how the criminal trial process operates.
18.3 Evaluate the differences between direct and crossexamination.
18.4 Learn how investigators prepare for court.
18.5 Understand the techniques most commonly used by defense
attorneys to discredit an investigator’s testimony.
18.6 Learn the importance of good courtroom demeanor when
testifying in court.