POLICE OFFICERS AS WITNESSES AND EXPERT WITNESSES

• NCJ Number: 44450
• Author(s): E KUBE; H LEINEWEBER
• Date Published: 1977
• Length: 205 pages
• Sale Source: Bundeskriminalamt
• Language: German
• Country: West Germany (Former)
• Note: BKA-SCHRIFTENREIHE SERIES, VOLUME 45

Annotation

A STUDY OF THE ROLE, RIGHTS, AND DUTIES OF THE POLICE OFFICIAL AS A WITNESS IN THE FEDERAL REPUBLIC OF GERMANY IS PRESENTED, INCLUDING DISCUSSION OF PROCEDURAL DETAILS AND RECOMMENDATIONS.

Abstract

VOLUME 45 OF A SERIES PUBLISHED BY THE FEDERAL CRIMINAL BUREAU AT WIESBADEN SEEKS TO CLARIFY THE ROLE OF THE POLICE OFFICIAL OR EMPLOYEE IN A COURTROOM TRIAL. THE BOOK IS DIRECTED AT POLICE AND CUSTOMS OFFICIALS, THE COURTS, PUBLIC PROSECUTORS, AND RELATED PROFESSIONS, AND IT IS DIVIDED INTO CHAPTERS COVERING BOTH PROCEDURAL AND PHILOSOPHICAL ASPECTS OF THIS ROLE. THE TERM 'EXPERT' AS IT APPLIES TO A WITNESS IS DEFINED AND THERE IS A DISCUSSION OF THE RIGHTS OF WITNESSES AND EXPERT WITNESSES, INCLUDING THE RIGHT TO COUNSEL, TO A HEARING, TO APPEAL, TO DAMAGES, AND THE RIGHT TO BAR THE PUBLIC FROM THE COURTROOM AND TO REMAIN SILENT ABOUT INVESTIGATIVE METHODS. DUTIES DISCUSSED INCLUDE THE OBLIGATION TO GIVE TESTIMONY AS A PROFESSIONAL AND TO REMAIN NEUTRAL OR SILENT UNDER CERTAIN CIRCUMSTANCES. THERE IS A SECTION ON LEGAL PROCEDURES INVOLVED IN APPEARING AS A WITNESS: THE PERMIT TO TESTIFY AND WHO ISSUES IT, WHICH POLICE DEPARTMENT EMPLOYEES ARE OBLIGED TO APPEAR IN COURT IF CALLED, CIRCUMSTANCES AND PROCEDURES FOR DENIAL OF THIS PERMIT TO A POLICE OFFICIAL, AND QUESTIONS OF SECURITY SUCH AS THE DISCLOSURE OF A WITNESS'S HOME ADDRESS. COMMUNICATION AND INTERACTION PROBLEMS BETWEEN POLICE OFFICIALS AND DEFENSE ATTORNIES ARE DISCUSSED, WITH A SECTION ON LEGAL STRATEGIES USED BY ATTORNIES DURING A TRIAL. AREAS IN WHICH POLICE WITNESSES ARE VULNERABLE IN A COURTROOM ARE ILLUSTRATED IN A DIAGRAM. THERE IS A DISCUSSION OF THE DEFENSE ATTORNEY'S RIGHTS AND LIMITATIONS WHILE EXAMING A WITNESS, AND THE DUTIES OF THE COURTROOM JUDGE RELATING TO THE PROTECTION OF WITNESSES' RIGHTS. PENDING LEGISLATION TO IMPROVE COURT PROCEDURE AND TO ELIMINATE ABUSES IS EXAMINED, AND THERE ARE SUGGESTIONS FOR IMPROVING POLICE TESTIMONY. FOOTNOTES ARE EXTENSIVE, AND AT THE END OF THE BOOK A BIBLIOGRAPHY AND A GLOSSARY OF ABBREVIATIONS ARE PROVIDED. -- IN GERMAN. (INL)