FAQ: Preparing, Presenting, and Closing a Case

Transcription

1 Question 1: What is the general procedure of placing a suspect under arrest and transport him or her to the detention facility? Answer 1: When first placed under arrest, the subject should be put in handcuffs. It is important that these cuffs be placed with the arms behind the person. Cuffing a suspect's hands in the front may allow him or her a weapon by using the cuffs to assault an officer. Complete a frisk search on the individual to check for any weapons or illegal substances. Place all personal items in a large envelope. If there is a wallet, count the money in front of the person (and in front of your dashboard camera). Each department may have different rules. Sometimes, nothing is taken from the subject until the officer reaches the detention facility. Place the subject in the rear seat. Sometimes, when an officer knows the subject, the officer makes the mistake of placing the subject in the front seat thinking that his or her friendship with the subject might deter any violence. Follow department procedure, and keep it professional. When you reach the detention facility, the suspect should then be frisked for the second time. The first search is usually cursory for the officer's protection. This search is a double check for weapons or contraband. This search also allows for an inventory of the suspect's personal property. If the person does not have any property, make sure that you note this on an inventory sheet. When the inventory is complete, the arrestee should sign it along with the arresting officer and another officer as a witness. If the arrestee refuses to sign, note the phrase refused to sign on the sheet, sign as the witness, and have the second officer also sign as a witness if he or she is available. This is done to ensure that there will be no claims that certain property was lost or taken when this property was not in the possession of the arrestee. At this time, check the back seat of your patrol vehicle. Some patrol cars have been updated to a full one-piece plastic seat so that nothing can be hidden between the back and bottom of the rear seat. Some have a regular backseat. This is the time to see if anything was placed in your vehicle. If you do not do this, the next person arrested may say that any objects were there before he or she entered the rear seat of your patrol car. This protects you and the person arrested. Exceptions to the search and confiscation of personal property may be made through each individual department's policy and procedure. 1

2 Question 2: What are the responsibilities of witnesses? Answer 2: A witness will receive a subpoena that requires him or her to appear in court at a specified time and place. If a witness does not respond to a subpoena, a warrant may be issued for his or her arrest. A witness should make sure that he or she knows exactly where he or she is going and allow enough time to get to the court to testify. Some witnesses may be sequestered, which means they will most likely not be in the courtroom. Some witnesses will be allowed to sit in the courtroom. It will all depend upon the type of case that is being tried. The United States is a country of diverse cultures. Most witnesses swear to the truth by placing their right hand on the Bible; however, it is not required to take the Christian oath. The law allows you to solemnly affirm the truth of your evidence. Many witnesses become nervous and do not understand that if they do not comprehend the question, they can ask for it to be repeated. The responsibility of a verbal statement is required, because the court case is being recorded by a stenographer. A nod of the head or a pointing finger does not constitute an answer. Normally, a witness must answer every question put forth to him or her, but if a certain question is embarrassing or seems irrelevant to the case, the witness may ask the judge if he or she has to answer that question. If the judge says yes, the witness will have to answer it. If there is a delay or an adjournment, the judge will set a new date and time for the proceedings. A new subpoena may be issued, but it is not required. Witnesses should be prepared ("prepped") by the prosecutor if they are prosecution witnesses and prepped by the defense attorney if they are defense witnesses. Question 3: How important are reports for crime scenes? Can an accident report be a crime scene report? Answer 3: Some accidents are not just one automobile hitting another; a car could be running from an officer. All reports crime scene and accident are seen by others who are not in the law enforcement position. Accident reports are seen by insurance companies. An officer needs a good vocabulary and to be 2

3 articulate when writing reports. Measurements, descriptions, grammar, and spelling are all taken into account. This is why many police departments would prefer to have an officer who has had some type of college education. An officer with an education may know how to explain in greater detail and with proper vocabulary the particulars of a crime scene. Question 4: What are the five tasks to process a crime scene? Answer 4: Processing the crime scene can be extremely tedious and boring. It is not the exciting adventure that you see on television shows. The five basic functions of processing a crime scene are as follows: 1. Interview 2. Examination 3. Photograph 4. Sketch 5. Process The interview is the first step in processing a crime scene. The crime scene technician must first interview the very first officer at the scene or interview the victim. The crime scene technician needs to get an idea of what had happened, what crime took place, and how the crime was accomplished. What someone sees and relates to a technician is from his or her point of view, and not all views it will be the same. This information needs to be evaluated. The second step is to examine the crime scene. There will be a theory that the crime scene technician will formulate for this crime. He or she must relate the evidence found with that theory or disprove the theory. The crime scene examiner will identify items of evidentiary nature, identify the points of entry and exit, and formulate the general layout of the whole scene. This crime scene may be indoors and outdoors of a particular building. The third step is to photograph the crime scene. This is to give a dictatorial view of how the scene appears and to record items of possible evidence. Crime scene photographs are generally taken into categories. The first category is the overall view of the scene. It is a broad view of the entire crime scene. Specific items will be then be photographed. These items may or may not be photographed with a point of reference such as a ruler. 3

4 The fourth step is to sketch the crime scene. This sketch is to demonstrate the layout of the scene or to identify the position of evidence or a deceased person. This sketch may or may not be required by each specific police department; however, some form of sketching usually occurs in most police cases to verify where certain items were found, such as latent fingerprints. The sketch will show the layout, but the photograph will give depth. The very last step an officer takes is to actually process the scene. The scene will be processed for evidence. This evidence is not only physical evidence but also testimonial evidence. The physical evidence will be sent to a crime laboratory for further evaluation. Each step is not separate; they intermingle with each other. Question 5: What are the steps after someone has been arrested? Answer 5: Following an arrest, an officer would most probably appear at an arraignment. This arraignment will determine any bail to be offered to the person arrested. It is not uncommon at an arraignment for the defense attorney and the prosecutor to discuss the case with the judge. If the charges are serious felonies, they will not be disposed of at the arraignment. The next step would be a preliminary hearing. During a preliminary hearing, the state shows the evidence it has found for this trial, and the defense attorney has the ability to cross-examine witnesses. Some prosecutors would like to avoid the preliminary hearing altogether and go straight to the grand jury. Grand jury proceedings are secret, and defense lawyers can only be present if and when their own client testifies. A grand jury consists of a number of local citizens. A grand jury is an easier procedure for the prosecutor because the jury only hears one side of the story. They hear the side of the prosecutor. There is not a judge to rule on the admissibility of evidence at this grand jury hearing. The defendant will have the right to testify before the grand jury, but the defense attorney must obtain permission to present any witnesses at this hearing. The next step is an indictment. This is a formal accusation that identifies the specific charges. In some states, you may have an indictment, and in some states, you may have an affidavit. At this time, plea bargaining may occur. This is a choice that will have to be made on whether someone would go to trial or plea bargain the charge. 4

5 There are pretrial procedures. In a criminal case, you can either have the case dismissed, you can plead guilty, or the case can go to trial. During this procedure, there can be many delays. These delays can be caused by crowded court calendars, prosecutors, and defense attorneys who are extremely busy or by delays in obtaining documents from the prosecutor or police. Each case requires different preparation. One of the biggest delays in the court system is caused by trial preparation. The final step is the actual trial. Question 6: During the pretrial phase, what are several hearings that may occur? Answer 6: During the pretrial phase, there are many hearings and may have an effect on a defendant. Five of these hearings are known as a Huntley hearing, a Wade hearing, a Mapp hearing, a Dunaway hearing, and a Sandoval hearing. Not every case has pretrial hearings. These hearings will depend upon the evidence presented in court against the defendant. These hearings are named after landmark cases. A Huntley hearing is used to suppress statements that were allegedly made by the defendant to a law enforcement officer, a prosecutor, or an agent of the court. It is the contention that the constitutional right to remain silent was either not given or the defendant was forced to make a statement. A Wade hearing is brought forth for a questionable witness identification that the defense would want to be suppressed. It suggests that the witnesses would not have been able to identify the defendant under ordinary circumstances. It is brought forth to win for the defendant the possible inadmissibility of witnesses because the pretrial identification procedure was suggestive. A Mapp hearing is set up to suppress any physical evidence that is seized when the seizure was not legal. This is brought forth when the defendant states that it was obtained illegally by violating constitutional rights. A Dunaway hearing is used to suppress any statements on the grounds that no one had probable cause to arrest the defendant. Finally, a Sandoval hearing is used when the defendant decides to testify at trial. It is to prevent the prosecution from using the defendant's criminal record to impeach his or her credibility when cross-examining the defendant. Question 7: What is the difference between an indictment and a complaint? 5

6 Answer 7: An indictment is a formal accusation that clarifies the charges against a defendant. The difference between an indictment and a complaint is that an indictment is based on sworn testimony while a complaint is only an affidavit that is signed against you by your accuser. If a person is indicted, you cannot sue the grand jury, but if it was malicious prosecution from someone who signed an affidavit against you, you can sue. 6