Xã hội học - The investigator and the legal system

TWENTY-ONEThe Investigator and The Legal SystemLEARNING OBJECTIVESDistinguish between detention, arrest, and chargingExplain the benefit of a police officer=s making an arrest under the authority of a warrantDefine and describe probable causeDiscuss the risk factors involved in making a premature arrestBriefly outline the steps in a trial processAssess the importance of a criminal investigator’s knowing the rules of evidenceDescribe the hearsay rule and the philosophy under which the exception to this rule have evolvedExplain the reason for the existence of evidentiary privilegesDiscuss the role of an investigator as a witness in a criminal trialExplain the purpose of cross-examination21-1ARRESTThe process of taking a person into legal custody to answer a criminal charge21-2ARRESTS, DETENTION, CHARGINGThere are three essential ingredients of an arrest:IntentionAuthorityCustody21-3(a)ARRESTS, DETENTION, CHARGING (cont'd)Arrest Distinguished from Detention. Detention is a temporary and limited interference with the freedom of a person for investigative purposes. Arrest Distinguished from Charging. Formally charging a suspect with a crime does not automatically flow from an arrest. Charging follows a decision to prosecute.21-3(b)ARRESTS, DETENTION, CHARGING (cont'd)When circumstances allow this is the preferred method of arrestWarrants must be approved by a judgeArrest warrants are considered a judicial order21-4(a)ARRESTS, DETENTION, CHARGING (cont'd)Prior approval by a judge relieves the police of proving the legality of the arrestPrior approval also provides an independent evaluation of evidence21-4(b)PROBABLE CAUSEA condition in which an officer has suspicion about an individual and knowledge of facts and circumstances that would lead a reasonable person to believe that a crime has been, is being, or is about to be committed21-5FRONT OF AN ARREST WARRANTNote the arrest warrant includes:The name of the officer authorized to execute itThe applicable statute(s)The name of the person to be arrestedThe judge’s name21-6(Source: Courtesy Geauga County, Ohio, Sheriff’s Department)EVALUATING THE CASEInvestigators must consider risk factors in deciding when to arrestWhether the suspect will flee if allowed to remain freeThe potential danger to others if the suspect is freeHardships imposed on the suspect by early incarceration21-7STEPS IN THE TRIAL PROCESSInvestigators seldom get to attend a full trialAs a result they may not be fully aware of all the steps including:Direct examinationsCross examinationsRedirect examinationsRecross examinationRebuttalSurrebuttalClosing arguments21-8KNOWING RULES OF EVIDENCECriminal investigators need a good working knowledge of rules of evidenceThe are responsible for collecting and preserving evidence for use by prosecutorsThey must be able to distinguish between:Factual material that is admissible in court and,That which is worthless as evidence21-9EVIDENCEAnything that tends logically to prove or disprove a fact at issue in a judicial case or controversy21-10PROOFThe combination of all the evidence in determining the guilt or innocence of a person accused of a crime21-11THE RELATION OF EVIDENCE AND PROOFIn this pie diagram:Slices of the pie are matters of evidenceThe entire pie might constitute proof of guilt21-12JUDICIAL NOTICE The doctrine of judicial notice is an evidentiary shortcut. Judicial notice is designed to speed up the trial and eliminate the necessity of formally proving the truth of a particular matter when the truth is not in dispute.21-13TYPES OF EVIDENCEDirect EvidenceDirect evidence usually is the testimony of witnesses that ties the defendant directly to the commission of the crimeReal EvidenceSometimes referred to as “physical evidence,” real evidence is connected with the commission of the crime and can be produced in courtDemonstrative EvidenceDemonstrative, or illustrative evidence consists of maps, diagrams, sketches, photographs, tape recordings, videotapes,X-rays, and visual tests and demonstrations produced to assist witnesses in explaining their testimony21-14(a)TYPES OF EVIDENCE (cont'd)Circumstantial EvidenceThe broad definition of circumstantial evidence encompasses all evidence other than direct evidence, provided that it logically relates the defendant to the crimeOpinion EvidenceMatters of description in which a nonexpert may give an opinion include color, size, shape, speed, mental condition, identity, race, and language21-14(b)THE INTRODUCTION OF DEMONSTRATIVE EVIDENCE AT TRIALDemonstration evidence includes items such as:mapsdiagramssketchesphotostape recordings21-15(Courtesy Los Angeles County Sheriff’s Department)EXPERT WITNESSA person who is called to testify in court because of his or her special skills or knowledge; permitted to interpret facts and give opinions about their significance to facilitate jurors’ understanding of complex or technical matters21-16HEARSAY EVIDENCE The fact that stories tend to be changed when they are repeated makes their reliability and truthfulness questionable. For this reason, the hearsay rule was created. Hearsay is derived from “heard say”21-17EXCEPTIONS TO THE HEARSAY RULEIf the circumstances surrounding the hearsay evidence can ensure a high degree of trustworthiness and reliability, that evidence is admissible as an exception to the rule in order to minimize any injusticeConfessionsAdmissions Spontaneous and Excited UtterancesDying DeclarationsFormer Testimony21-18EVIDENTIARY PRIVILEGES Defendants and other witnesses have a right to have certain matters of communication barred from disclosure in courtConfidential communications between husband and wifeConfidential communications between attorney and clientGrand jury proceedings that are confidential requirements of law are barred21-19THE ROLE OF THE POLICE WITNESSThe investigator must inform the jury of the matters investigated in the caseThe investigator presents this information so that the jury understands the sequence events and their significanceThe investigator may not offer personal conclusions21-20