Module 11

Preposition

A word that shows the relationship between a noun or pronoun and other words in a sentence.

Misplaced modifer

occurs when a word that pertains to, or modifies, one word attaches itself to another due to incorrect placement

Direct Object

The direct recipient of the action of the verb

double negative

two negative words are used in the same clause

When describing people you do what?

use a systematic approach, moving from top to bottom and then left to right. In addition to concrete descriptions, include mannerisms, such as how the individual speaks or walks, and also details of what, if anything, the individual is carrying.

Institutional rules violations

use the rule violation as an outline for your report and address any and all institutional violations. Never falsify or omit information on a report.

criminal offenses

use the statute as an outline for your report. Remember that every element of the offense must be proven beyond a reasonable doubt. Never falsify or omit information on a report and include the tiny details when possible.

describing places

using a thorough and systematic approach. For example, beginning at a specific point, move from top to bottom and then left to right. The goal is to paint a picture of the place with words.

A sentence fragment occurs when?

when words are omitted due to the mind working faster than the hand, or as a result of incorrect punctuation, such as a period in the middle of the idea rather than at the end.

Indirect Object

The indirect recipient of the action of the verb, often identified by a preposition.

content guidlines

accurate and concise objective sequential order complete, clear, legible

active voice

creates clear, strong sentences and emphasizes who is performing the action (thus creating accountability)

Writing reports

first over third

Investigative reports

official, permanent record that give details about criminal justice activity. They are written statements of the allegations, findings, and conclusions drawn from an investigation

Dressing appropriately

vital part of any court appearance, whether you are a witness, defendant, or juror

Investigative report

writing involves observing, recalling, and reporting information, which is collected and processed into a formal written report. This report offers a permanent overview of a temporary event.

Third person

written from the omniscient perspective and uses he, she, they, or it to address any person, place, or thing

First person

written from the perspective of a sole individual and uses "I" when relaying information concerning an event or scenario

Prior to selecting an outfit

you should locate and review your department's policy or guidelines regarding courtroom appearances and dress code.

Emotional control

Controlling your emotions on the witness stand is crucial. Avoid becoming flustered or argumentative. If the topic is highly emotional, do your best to maintain composure and avoid becoming overly tearful.

Rules of Exclusion

Do not discuss the case with other witnesses or members of the jury. Remain near the courtroom at all times. Do not leave the area until dismissed by the judge

objective

Ensure your account is written in an objective manner and free from bias.

objectivity

Remain objective when providing testimony. Remember that your testimony should be unbiased and consist only of facts.

Clarity

Speak confidently, clearly and audibly so that the entire courtroom can hear your testimony. Also, make sure that your statements are clear and understandable.

Subject

The person, place, object, or idea about which something is said.

Elements of the Incident

criminal offense institutional rules violations relays of information

posisitve language

speaking clearly (enunciate, and project your voice without yelling), acting in a mature manner, making eye contact, maintaining good sitting posture, and showing a sense of confidence.

If medical treatment was required, make sure the following points are covered

When did the subject return from receiving medical treatment? What was the condition of the subject upon completion of receiving medical treatment?

In order to establish a professional demeanor in the courtroom, it is important to avoid certain behaviors

Chewing gum while on the stand. This is a sign of disrespect in the courtroom and has a tendency to cause poor speech, such as mumbling. Jingling the keys or coins in your pockets. Although you may be nervous or unsettled, it is important to avoid creating any sounds or motions that could distract the jury. Prior to entering the courtroom, remove all change, keys, or any other items from your pockets that may create a distraction. Negative body language, such as crossing your legs or folding your arms, which can make you appear uncaring or defensive. This negative portrayal could lead to questioning about your credibility as a witness. Although testifying can be stressful, avoid becoming flustered or argumentative. Remaining calm and collected is key to providing accurate and effective testimony.

Any time an escalation in force was required remember to notate de-escalation of force when what?

the subject stops resisting.

Sources of information can include a combination of any of the following;

A complainant, an individual or group of individuals who makes the complaint or files a formal charge. A witness, an individual or group who is able to provide a firsthand account of the event. City, county, and state records. Review records such as those from the Texas Crime Information Center (TCIC)/National Crime Information Center (NCIC), Texas Law Enforcement Telecommunication System (TLETS), and local jurisdiction databases. An informant, an individual who serves as a source of information regarding a particular individual, group of individuals, or event. An officer, as a firsthand participant or observer of an event.

Prepositional Phrase

A group of words made up of a preposition, its object, and any of the object's modifiers.

Finally, the investigative report should include a case summary sheet, which includes the following:

Subject's name Charge Date, time, and location of the offense Synopsis of the events Brief description of what the witness can testify to

In your notes you do what?

clearly identify the actions and statements of the following individuals related to the incident, noting the sequence, time and environmental conditions when applicable: Officer(s) Inmate(s) Witness(es)

Men should choose what to wear?

dress slacks in black, khaki, navy, gray, or another neutral color. Combine the slacks with a button-up dress shirt or sweater in a coordinating neutral color. For a more formal look, add a suit jacket or tie. Finish the outfit by wearing a nice pair of black or brown dress shoes.

Run on sentence

end-of-sentence punctuation is omitted, causing two or more sentences to be written as one, or closely related sentences are combined as one using a comma, known as a comma splice. This is specially common if the second sentence begins with a personal pronoun that refers to a noun in the first sentence.

Reports can also be used to help what???

select disciplinary action for unlawful inmate behavior or in penalty assessments made by a parole hearing board or in trial court.

sentence

is a group of words that expresses a complete thought

CCP Article 36.03: Invocation of Rule

(a) Similar to Rule 614, a court may order the exclusion of a witness if the witness is defined by the prosecution as a victim (meaning the victim of any criminal offense), close relative of a deceased victim, or guardian of a victim. This only applies if the witness is going to testify, and his testimony might be affected by other testimony at the trial. (b) The opposing party may object to a request for exclusion of a witness and force the party requesting it to justify the exclusion (c) The court may, on its own motion, exclude a witness or other person to maintain decorum in the courtroom. (d) 'Close relative of a deceased victim' and 'guardian of a victim' are defined in CCP Article 56.01: "'Close relative of a deceased victim' means a person who was the spouse of a deceased victim at the time of the victim's death or who is a parent or adult brother, sister, or child of the deceased victim." "'Guardian of a victim' means a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetency of the victim." (e) At the beginning of the trial, the court will admonish, or advise, a testifying witness of the people he is allowed to talk to about the trial before it ends and those he is not allowed to talk to. The court can hold the witness in contempt of court if he violates the admonishment.

respect

Address and give proper attention to whomever is asking the questions, whether that be the judge, the jury, or an attorney. Remember to be polite to both legal teams. Treat both attorneys equally and be attentive when either side is speaking.

Giving a First Impression taking the stand

Approach the court confidently. Walk directly to the witness stand or clerk's desk and prepare to take the oath. Do not look at the accused, the jury, or the judge. Follow the prosecutor's direction.

Brevity

Be brief. Witnesses often tend to add unnecessary details or go in circles when recounting an event. When speaking, provide only the necessary details and recount the event in a linear fashion

Honesty

Be honest. Prior to making a statement, verify that your statement is accurate. Do not state any assumptions or speculations. State only items that you know are true.

court room testimony

Be mindful of when it is your time to speak. Remember to speak clearly and confidently. Listen carefully to all questions and address all questions with complete and thorough answers. Be concise, choose your words carefully, and think through your answers before speaking. Remember that someone is always watching. You and your actions are constantly under scrutiny, so be careful and behave professionally at all times.

Common reasons to write a report include:

Documenting a criminal act Documenting an institutional violation Documenting a medical emergency Documenting a statement related to a complaint Clear notes and reports can help jailers recall information Proper documentation may prevent litigation

sequential order

It's best to write your report in sequential order, starting with the beginning of the event and detailing each item as it occurred. Events should be documented in past tense as the events occurred in the past. Writing in this format will enable the reader to better understand the event as a whole.

handling questions

Listen attentively to the attorneys as they speak and focus on each and every question they ask. Avoid answering any questions until you are clear on the meaning of the question. Many times if an individual is nervous or overwhelmed by their court appearance, they will answer the questions incorrectly and increase their likelihood of becoming flustered. Wait until it is your turn to speak, and politely ask for clarification when unsure about a question or statement. Do not feel as though your question is an annoyance; it is your right as a witness to fully understand a question before providing an answer. Is it a two-part question, such as "Did you see the defendant on the night in question? How was he acting?" Is it a hypothetical question, such as "What would you have done if Mr. Jones had approached you that night?" Or is it a yes-or-no question, such as "Were you present the night of the incident?" Answer all questions using the appropriate names or titles of individuals. For instance, instead of saying "I saw him knock over the table and run toward door" state "I saw Mr. Jones knock over the table and run toward the door." By using an individuals' appropriate names or titles, you are providing a clear and concise answer. Admit your mistakes If you are answering a question and accidentally misspeak or give an incorrect answer, admit it. Take the time to say "I'm sorry, but I made a mistake," and then provide the correct answer. Answering a question "I don't know," is an acceptable, honest answer and simply means that you did not observe something directly. This statement closes examination on a point about which the attorney may need to ask additional questions concerning forgotten facts. "That is all I can recall," may be an appropriate statement. Stating, "I don't remember," is acceptable and indicates that you are unsure. Evidence should always be based upon facts. Make clear the distinction between opinion and facts, and represent only facts as fact.

Relay of information

Reports related to the relay of information should relay a factual record of an event to maintain an accurate record for future reference. This is imperative in the event an accusation is made against an officer or the facility. Ensure accurate information of all parties involved is recorded; to include: Suspects Victims Responding officers Responding medical personnel Witnesses

Good demeanor should be employed in all phases leading up to a trial:

Take appropriate precautionsat a crimescene Handle evidencewith respect Conduct professional interviews Produce completeand accurate reports

If the report satisfies the six basic questions, it can enter the final proofreading stage:

Take the time to reread the written portion of your document, verifying that your content is complete and offers a full and accurate picture of the event. Verify again that all words are spelled correctly, and check for punctuation errors, such as missing or extra commas or periods. Lastly, make sure to check for grammar errors. Verify that all sentences are complete according to the guidelines given previously, that the report is written in first or third person, and that subject-verb agreement is correct.

When choosing clothing, remember to avoid the following items:

Tennis shoes of any type. Doing so is unprofessional and could portray you as an uncaring individual. Leave all sunglasses and hats at home. These items are not allowed to be worn in a courtroom and are viewed as a sign of disrespect. Stained or damaged clothing, which will portray you as uncaring and sloppy. Your goal is to appear well-composed and professional. Trendy and brightly-colored clothing. Remember, the court is a conservative institution. Women should avoid skirts that are too short, necklines that are too low or revealing, and heels that are too high. Although jeans have become acceptable in many courtrooms, they are strongly discouraged as some judges may be offended by them. The courtroom is a conservative environment and therefore not the appropriate place for outrageous hairdos or hair color.

Predicate

The part of the sentence that includes the verb and tells or asks about the subject of the sentence; the verb (or simple predicate) determines whether other words (such as objects and adverbs) are needed to complete sentence meaning.

accurate and concise

The report must be accurate and concise, drawing upon the appropriate sources of information and written in a way that gives readers a complete overview of the event.

complete, clear, legible

The report should be complete, clearly written, and legible. As you work, verify that the information you are providing is free of spelling errors and grammar errors.

Taking the Oath

While taking the oath, look at the person administering it. Keep your right hand at shoulder level, with fingers extended, until the oath is completed. The prosecutor will then direct you to be seated and ask for your name, occupation, and department.

Texas Rules of Evidence: Rule 614

a party of the court can request for witnesses to be excluded so they cannot hear other witnesses' testimony; however, there are certain exceptions. For example, Rule 614 states that the victim in a case will not be removed unless the victim is going to testify in the case and the court determines that the victim's testimony would be materially affected if the victim hears other testimony at the trial.

Sketching

has been known to help officers remember details of an event when struggling to recall a situation.

Quotation marks

help the reader by setting off the words of the speaker

Complete Sentence

include the subject of the sentence as well as the verb and if necessary the object of the sentence

sentence fragment

is a group of words that expresses an incomplete thought and leaves out important components of the sentence.

Written communication

is an integral part of an officer's daily tasks. Clear, complete sentences in reports and other written documents make it easier for those referencing the documents to understand their content.

Women should choose what to wear?

simple knee- or calf-length skirt or pair of pants in black, khaki, navy, gray, or other neutral color. These items should be paired with a basic top, either button-up or pullover, in a coordinating neutral color. For a more formal look, a blazer or jacket can be added to the outfit. Wear a simple pair of flats or low-heel dress shoes.

CCP Article 36.05:Not to Hear Testimony

states that an officer will be assigned to a witnesses and will take care of any reasonable wants/needs he may have until dismissed by the court. At no time will the witnesses be allowed to enter the courtroom and hear any testimony in the case.

notes

take a moment to review all documents, reports, and personal notes before entering the courtroom. If you find that you are forgetting elements of your testimony, take a moment to pause and refresh your memory before going on.

When complete, the report should provide the necessary elements to answer six basic questions:

who what when where why how

CCP Article 36.06: Instructed by the Court

witnesses are not to discuss the case with any individual, unless given permission by the court. In addition, witnesses are not allowed to review any reports or offer any comments about the case. If a witness violates this rule, the officer of the court will report the violation, and the witness will be held in contempt of court.