NCJ Number
84287
Date Published
1981
Length
16 pages
Annotation
Guidelines are provided for the investigator in pretrial preparation and courtroom procedures.
Abstract
After an investigator has obtained evidence deemed sufficient to gain a conviction, the investigative report becomes the principal source of information determining whether the case should be prosecuted and, if so, whether a conviction will result. The report should be concise, clear, and complete. The report should include answers to the questions dealing with (1) when the incident occurred, (2) the persons involved in the incident, (3) where the incident occurred, (4) what happened, (5) how the incident occurred, and (6) why it occurred. In addition to the writing of the report, pretrial preparation should include a pretrial conference between the investigator and the trial attorney to determine if all the evidence needed to have reasonable expectation of the desired trial outcome has been obtained. As a witness, the investigator should appear calm, attentive, and objective. Should the investigator appear to be biased against the defendant or overly subjective in manipulating the evidence, then the testimony will be weakened. Questions should be answered promptly but thoughtfully and with clarity that avoids professional jargon. Information should not be volunteered. The investigator should avoid entering into arguments in the cross-examination. The supplying of facts with a professional demeanor will be more influential. Common tactics of cross-examination are listed in tabular form, and the investigator's response is suggested for each tactic. Three notes are listed.