Preparing and Testifying in Court

The most important rule to remember when testifying is to

TELL THE TRUTH

4 forms of evidence

Testimonial Real Written Objective

When referring to the defendant, use the terms

"Mr.," "Mrs.," "Ms.," or "the defendant

Questioning for omitting information

"This is an official departmental report, isn't it?" "And you completed it right after the accident, didn't you?" "Your reports are thorough and complete reports, aren't they?" "And you do put everything that could be important in that report, don't you?" "And thoroughly documenting everything important to the investigation is an important duty of a law enforcement officer, right?" "But, you didn't even mention the _____________, did you

Grand jury

A body of citizens who hear cases and determine whether probable cause exists that a crime has been committed and whether to issue a true bill of indictment. There will be no attorneys present in the grand jury room. Superior court, the officer should meet with the district attorney before the case is calendared (scheduled) for trial. Officers will be expected to present the facts of a case to the grand jury and answer any questions from the grand jury members

Crime means

A felony or serious misdemeanor as determined in the sole discretion of the district attorney

Juvenile court

A judge presides over juvenile court proceedings, and all cases, including misdemeanors and felonies, are tried in this court. Usually lasting 1 day

Pre trial motions/hearings

A motion to suppress is the exclusive way to seek the exclusion of illegally obtained evidence. They can be made at any time before trial. The State must establish that the challenged evidence is admissible

Victim means

A person against whom there is probable cause to believe a crime has been committed.

Witness means

A person who has been or is expected to be summoned to testify for the prosecution in a criminal action concerning a felony, or who by reason of having relevant information is subject to being called as a witness for the prosecution in such an action, whether or not an action or proceeding has been commenced

Right to a bail hearing

A person who is arrested has the right to a bail hearing before the trial. A judge may impose the following conditions on pretrial release: 1. That the defendant stay away from the home, school, business or place of employment of the alleged victim; 2. That the defendant refrain from assaulting, beating, molesting, or wounding the alleged victim 3. That the defendant refrain from removing, damaging or injuring specifically identified property; 4. That the defendant may visit his or her child or children at times and places provided by the terms of any existing order entered by a judge; 5. That the defendant abstain from alcohol consumption

Family means

A spouse, child, parent or legal guardian, or the closest living relative

Magistrate

Accept written appearances, waivers of trial and pleas of guilty or admissions of responsibility in certain misdemeanor and infraction cases, as well as conduct initial appearances, grant bail before trial in noncapital cases and issue arrest and search warrants

The pretrial process

After the arraignment, the district attorney and the defense attorney may enter into a plea bargain agreement in which the defendant agrees to plead guilty in return for a reduced charge or a lighter sentence which may have been received if the case were to go to trial. The substance of their agreement must be disclosed to the judge who can approve, modify, or reject the plea arrangement

When can a defendant appeal his/her case

After they are sentenced.

Items officers should be aware of Prior to the first day of court

An experienced officer should take the new officer to the courthouse and show the new officer around While on the initial visit to the courthouse, the new officer should observe 1-2 hours of court or more, meet the assistant district attorney assigned to court that day, the judge, as many defense attorneys as possible, and all of the other court personnel Where to park the vehicle while in court? Where are the bathrooms and the place where other officers gather How to get to see the district attorney (D.A.) in advance about a case The function of all court personnel Where to sit while waiting for cases to be called for trial? Where to stand while summarizing the evidence in a case when the defendant pleads guilty? Where and how to get copies of the court docket for that day? An experienced officer should advise the new officer of any particular policies of the judge or district attorney Numerous departments conduct mock trials for new officers before the officer's first day in court Am experienced officer should be assigned to go to court with the new officer, and that officer should remain with the new officer until all cases have been completed.

The arraingment

Arraignment refers to the actual process of bringing the defendant before the judge in open court and informing him of the charges pending against him and directing him to plead. If the defendant does not wish to admit his guilt or to contest the state's charges, he may enter a plea of "nolo contendere." If the defendant enters a plea of guilty or nolo contendere, he may be sentenced. If he pleads not guilty, a trial date is set.

Mandatory duties

Availability of medical services Availability of crime victims compensation funds The address and telephone number of district attorney's office that will be responsible for prosecuting The name and telephone number of an investigating law enforcement agency employee whom the victim may contact if the victim has not been notified of an arrest in the victim's case within six (6) months after the crime was reported to the law enforcement agency Information about an accused's opportunity for pretrial release. The name and telephone number of investigating law enforcement agency employee whom the victim may contact to find out whether the accused has been released from custody An informational sheet described in 50B-3(c1) if there was a personal relationship as defined in 50B-1(b) with the accused The arresting law enforcement agency shall inform the investigating law enforcement agency of the arrest. As soon as practicable, but within 72 hours of being notified of the arrest, the investigating law enforcement agency shall notify the victim of the arrest. After receiving notification from the arresting law enforcement agency that the accused has been arrested, the investigating law enforcement agency shall forward to the district attorney's office that will be responsible for prosecuting the case, the defendant's name and the victims' name, address, date of birth, social security number, race, sex, and telephone number, unless the victim refuses to disclose any or all of the information, in which case, the investigating law enforcement agency shall so inform the district attorney's office. Upon receiving the information in subsection (a) of this section, the victim shall, on a form provided by the investigating law enforcement agency, indicate whether the victim wishes to receive any further notices from the investigating law enforcement agency on the status of the accused during the pretrial process

Court room demeanor

Business demeanor should be maintained Make sure radio is off Sit erect and avoid unprofessional behavior Be mindful of hands When speaking use correct English Avoid slang Be well groomed

NC Court of Appeals

Consists of cases appealed from the trial courts The Court of Appeals sits in panels of three judges(allows the court to hear arguments in separate cases at the same time) Sits primarily in Raleigh

Necessity of plea bargaining

Courts are overcrowded District attorney may realize the case is weak The defendant might believe the jury will convict him of a greater charge so he will plead to a lesser charge May be reasonable in the interest of justice

Discovery in superior court

Criminal cases in Superior Court require the parties (prosecutor and defense) to share information about the case that is in their possession or that they intend to use in trial. This information sharing process is known as "discovery;" it is regulated by statute and case law The State is to make available to the defendant the complete files of all law enforcement agencies, investigating agencies, and prosecutors' offices involved in the investigation of the crimes committed or the prosecution of the defendant The term 'file' includes the defendant's statements, the codefendants' statements, witness statements, investigating officers' notes, results of tests and examinations, or any other matter or evidence obtained during the investigation of the offenses alleged to have been committed by the defendant. On a timely basis, law enforcement and investigatory agencies shall make available to the prosecutor's office a complete copy of the complete files related to the investigation of the crimes committed or the prosecution of the defendant for compliance

After plaintiffs case is presented, what happens

Defense presents case

2 types of evidence

Direct evidence Conclusively proves a fact in issue in the case. Circumstantial evidence Requires an inference to prove a fact in issue in the case

District Court

District court has exclusive original jurisdiction of virtually all misdemeanors and infractions. $25,000 or less District courts are not authorized to empanel juries in criminal case

Court functions

Each county must adequately furnish and maintain a courthouse with at least one (1) courtroom and related facilities The five (5) main duties of a bailiff involve announcing the opening and closing of court, courtroom security, and safeguarding of jurors, witnesses, and prisoners

District attorney

Elected for a 4-year term District attorneys are also responsible for ensuring that infraction cases are prosecuted efficiently. In addition to prosecutorial functions, the district attorney is responsible for calendaring criminal cases for trial

Rule of evidence

Evidence is anything presented before the fact finder to help determine whether the defendant is guilty or not. In district court the fact finder is the judge. In superior court its the jury

Superior Court

Exceeds $25,000 The superior court has original jurisdiction in all felony cases and in certain misdemeanor cases. Does not include domestic relation cases, probate and estates matters Each district has at least one (1) senior resident superior court judge who has certain administrative responsibilities for his or her home district North Carolina's constitution requires that at least two sessions of superior court be held in each county every year

Order of events

Fair treatment for victims and witnesses Mandatory duties Investigating crimes Arrested by law enforcement Initial appearance before a magistrate The right to a bail hearing First appearance before a district court judge Probable cause hearing The grand jury The arraignment (Superior Court Only) The pretrial release Discovery in superior court Pre trial motions/hearings The trial The appeal

Jury deliberation

Foreman who serves as spokesperson They then vote as to the guilt of the defendant. If they are all in agreement, they send word to the judge that they have reached a verdict (decision).

Probable cause hearing

Formerly referred to as the preliminary hearing, is held in felony cases to determine whether the state has enough evidence to take the case before the grand jury

Direct examination purposes

General purposes 1. To bring out the facts of the case relevant to the party calling the witness, typically the prosecutor. 2. To establish the elements of each of the crimes charged beyond a reasonable doubt Most law enforcement witnesses are frequently requested to testify on behalf of the State During direct examination, the attorney is not allowed to use "leading" questions

Cross examination purposes

General purposes 1. To bring out the whole truth, not just facts favorable to the prosecution. 2. To uncover omissions in testimony, which could have the effect of leaving unfair, untrue, or misinterpreted conceptions in the jury's mind. 3. To develop and bring out a witness' prejudices. 4. To demonstrate a witness' uncertainty or unfamiliarity with the facts. After a question, the officer should pause briefly to reflect on the answer, and then answer without hesitation If the answers are favorable to the defendant and harmful to your case, be honest in your responses. Such testimony should be given in the same tone of voice used during direct examination Some "yes" or "no" answers may require explanations If the results of your investigation differ from that of a fellow officer, the defense attorney might attempt to term either testimony as incompetent, untruthful, or both If information is omitted from the report, the officer should be prepared to answer questions as to why the information was omitted. The defense attorney may challenge the officer's competency by asking about actions that the officer did not take in the investigation A defense attorney may ask the same question over and over again.

Redirect

Gives witness ability to fully answer question posed by another attorney

Plea bargaining

Results when the district attorney agrees to dismiss or reduce a case for a certain reason

Supreme court

Highest court The court focuses on claims of error in legal procedures or in judicial interpretation of the law. It hears oral arguments on the written record of cases previously tried by the superior courts, district courts, and certain administrative agencies and commissions. The N.C. Supreme Court hears all cases involving constitutional questions or in which there has been dissent among members of the Court of Appeals. Reviews Court of Appeals decisions in cases of significant public interest or cases involving legal principles of major significance. Appeals of homicide convictions where the defendant has been sentenced to death go automatically to the Supreme Court for review

Law enforcement must

Identify himself as law enforcement Informed the arrested person they are under arrest Inform the person the cause of arrest unless apparent

States rebuttal

If the defendant does present witnesses and evidence, the prosecutor has the opportunity to rebut any statements made during the defense's case. The attorneys use the phrase "the State (or defense) rests" to indicate that all the evidence has been presented and all the witnesses have been heard

Defense

If the defense attorney feels that the prosecution has not proven the defendant's guilt, a motion may be made to dismiss at the close of the state's case without presenting any evidence

Witnesses/Victims within their jurisdiction are provided:

Information regarding immediate medical assistance Provided available protection from harm or threats Provided information that testimony as to one's home address is not relevant in every case Has any stolen or other personal property expeditiously returned by law enforcement agencies when it is no longer needed as evidence Provided appropriate employee intercession services to seek the employer's cooperation with the criminal justice system Provided a secure waiting area during court proceedings Informed on how to apply for victims compensation Informed on the right to be present throughout the entire trial Given the opportunity to be present during the final disposition of the case Is notified, whenever possible, that a court proceeding to which he has been subpoenaed will not occur as scheduled Has a victim impact statement prepared for consideration by the court? Is provided information about pleabargaining procedures Is informed that civil remedies may be available and that statutes of limitation apply in civil cases Is notified before a proceeding is held at which the release of the offender from custody is considered Is notified if the offender escapes from custody or is released from custody Has family members of a homicide victim offered all the guarantees in this section, except those in subdivision

District court

Infractions and misdemeanors. No jury, only a judge. Court session is only one day.

Superior court

Judge presides over criminal courts but also a jury. Defendant may waive jury and the judge can make the determination. Defendants can waive their rights. Usually last 1 week and in some cases, more

Officers reputation

Judges and lawyers form an opinion of individual early on Charges should reasonable and fair and exhibit PC-Give Conduct thorough investigations Be mindful that your behavior outside of work may impact your professional reputation A good reputation also enhances an officer's credibility. Don't lie D

Preparing for court

Keep up with court date Get a court docket Familiarize self with notes Speak to the DA before the case Talk to court liason Observing trials Witnesses should be present at trials

If the judge criticizes your conduct in court,

Maintain your composure. The best policy is to ask the court's pardon for the error committed and try to proceed as though nothing had occurred. Do not answer back.

Perjury

Occurs when someone willfully and corruptly, while under oath or affirmation, gives testimony or makes a statement that is false and material -felony

Arrest without a warrant

Offense in presence of the officer An officer may arrest without a warrant any person who the officer has probable cause to believe has committed a criminal offense in the officer's presence Offense not in the presence of the officer Committed a felony, committed a misdemeanor (and will not be apprehended at a later time or may cause physical injury to himself or others), and committed concealment of merchandise, impaired driving, commercial impaired driving, domestic criminal trespass, etc

After the jury is selected what happens?

Opening statements by the counsel

Selection of Jury

Prospective jurors are questioned by both the prosecutor and the defense attorney about their knowledge of the case and whether they are acquainted with either of the attorneys, the victim, the defendant, or any witnesses. The twelve persons agreed upon comprise the jury. Two (2) alternate jurors are selected to replace any jurors who may be unable to complete the trial.

If you're asked a question and do not understand

Politely say, "I am sorry, but I didn't understand your question, could you repeat it? Or "If I understand your question correctly, you asked me if (insert what you understand the question to mean)" and then provide your answer

If an officer makes a mistake while still on the stand

Politely stop your testimony, correct the mistake and move on

Leading question exceptions

Preliminary questions such as name, occupation, and other background information. Questions to children, the mentally infirm and others who have difficulty in communication and understanding. Questions to hostile witnesses, or an adverse party or witness

2 basic reasons for Rules of evidence

Properly collect and preserve evidence for trial. Be aware of what is happening during trial

The decision to plea-bargain a case is the sole discretion of the

Prosecutor

If a member of the court mispronounces your name

Respectfully correct the person and move on

Unprofessional mannerisms

Rubbing the nose Pulling earlobes Cleaning fingernails Playing with keys Reading, unnecessary talking, etc. Texting or checking cell phone Repetitive tapping of fingernails or feet Drinking, chewing tobacco or gum, or using toothpicks

Why have rules of evidence

Save time Prevent unreliable Prevent unfair questions to the witness Protect constitutional rights of defendants and witnesses

Trial process

Selection of jury Opening statements Prosecution The defense States rebutal Closing arguments Instructions to jury Jury deliberation Announcement of verdict Sentencing

Sentencing

Sentencing is the duty of the judge A victim has the right to offer admissible evidence of the impact of the crime, which must be considered by the court or jury in sentencing the defendant Sentencing in a crime which carries a possible death penalty necessitates a second session of the court called the "sentencing phase." At this time, the defense can call character witnesses to testify on behalf of the defendant. Although the jury makes the decision, it is the judge who pronounces the sentence.

If you do not recall what you observed at a given moment, simply respond accordingly

Sir/Ma'am, I do not recall

Meeting with the DA

Some prefer to meet in the courtroom on the day of trial. Others prefer officers to come by their office in the morning before court and few may want to meet in the afternoon the day before the case is scheduled for trial.

Initial appearance before a magaistrate

The accused is taken before a magistrate who decides whether a bond is to be set and, if appropriate, the type and amount of bond. The magistrate also sets a first appearance date for the defendant to appear before a district court judge for felony offenses. For misdemeanor offenses, the magistrate sets the court date

Clerks of superior court

The clerk hears and decides special proceedings such as adoptions, condemnations, partitions, and foreclosures. The clerk also serves as ex officio judge of probate and performs record-keeping and administrative functions for both the superior and district courts of the county

Closing arguments

The closing argument is where both attorneys are allowed to present their contentions to the jury

Announcement of the verdict

The defense may request the judge to poll the jury. This means that each juror will be asked if he or she voted for the verdict that was delivered

If you believe your testimony might differ from the testimony of another prosecution witness, you should notify

The district attorney

If an officer makes a mistake and is no longer on the stand

The district attorney should be immediately notified so that the officer can be recalled

The grand jury

The grand jury is comprised of eighteen people whose duty is to determine if the state has enough evidence to show the accused person probably committed the crime for which charged. The grand jury returns a "no bill" if there is insufficient evidence, or a "true bill" if enough evidence is presented. 12 of 18 people must agree. The grand jury serves a one-year term, nine (9) of the members rotate off every six (6) months

Instructions to the jury

The judge instructs the jury on the law as it applies to this case and how they must base their decision on the evidence which has been presented.

Sequestering a witness

The judge may order that a witness is excluded from the courtroom so that they cannot hear the testimony of other witnesses. A sequestered witness must not discuss the case in any respect until the end of the case. If you have been sequestered from the courtroom, ask the court personnel where you should wait until you are called to testify

First appearance before a district court judge

The judge must determine whether the defendant has retained counsel or not. If the defendant is not represented, the judge must inform the defendant of their rights which may be waived. The judge must also inform the defendant if they are convicted and placed on probation. Payment of counsel may be requested, unless they are acquitted. The judge must examine each criminal process or magistrate's order and determine whether each charge against the defendant charges a criminal offense within the original jurisdiction of the superior court The judge must inform the defendant of the charges against them, determine that the defendant or his counsel has been furnished a copy of the process or order, and determine or review the defendant's eligibility for release

Officers serving subpoenas

The officer serving the subpoena has the responsibility to notify the witness of the date, time, and location of the court proceeding. Preferably delivered in person

An arrest is complete when

The person submits to the control of the arresting officer who has indicated his/her intention to arrest, or The arresting officer, with intent to make an arrest, takes a person into custody by the use of physical force

Opening statements

The presiding judge offers the attorneys the opportunity to make an opening statement in which both attorneys will tell the jury what they expect to prove during the trial

Probable cause

The probable cause hearing, formerly referred to as the preliminary hearing, is held in felony cases to determine whether the state has enough evidence to take the case before the grand jury

Responsibilities of the agency with custody of the defendant

The projected release date by which the defendant can be released from custody An inmate's assignment to a minimum custody unit and the address of the unit The victim's right to submit any concerns to the agency with custody and the procedure for submitting such concerns The defendant's escape from custody within 72 hours unless the victim notifies the agency in writing of a specific threat by the defendant against the victim The defendant's capture within 24 hours The scheduled release date of the defendant. Whenever practical, notice shall be given 60 days before release. In no event shall notice be given less than seven (7) days before release. Defendants death

Prosecution

The prosecutor must prove to the jury "beyond a reasonable doubt" that a crime was committed and that the defendant on trial is the person who committed it. As a witness for the prosecution, you will first be questioned by the prosecutor (direct-examination), after which the defense attorney will question you (crossexamination) If the district attorney asks a question which the defense attorney thinks is improper, the defense attorney will object. At that point, the judge must either sustain or overrule the objection The witness should stop talking when the defense objects and wait for the judge's ruling. If the objection is sustained, the question must not be answered. If it is overruled, the witness may continue the testimony If the question has already been answered when the objection is made, the judge may instruct the jury to disregard the answer. This means that the jury cannot consider that particular information when deciding the defendant's guilt or innocence

Public defender

The state provides legal counsel in a variety of actions and proceedings for defendants who have been determined by a judge to be financially unable to hire their own attorneys

The trial

The trial is a formal examination of the facts of a case by a jury to determine whether the defendant has committed the crime charged

The appeal

There is right of appeal directly to the North Carolina Supreme court for defendants convicted of first-degree murder who receive the death sentence. The function of the appellate courts is to determine whether there were any errors in the trial court process. The appeal may take eighteen months or more, and during this time, the defendant may be out on bail. Bail decision, in part, depends on the type of crime for which the defendant was convicted Other considerations include whether the defendant is a danger to the community or an individual and whether the defendant is likely to leave the jurisdiction to avoid serving the sentence once the appeal is decided

Discovery flows from the officer to the district attorney's office to the defense T/F

True

Most are bad habits that most people do not know they have. T/F

True

Some officers or other witnesses prefer to affirm rather than swear due to religious beliefs or lack thereof. If the preference is not to swear, the clerk of court should be advised T/F

True

Arrest under a warrant

Warrant in possession An officer having a warrant for arrest in his possession may arrest the person named or described therein at any time and any place within the officer's territorial jurisdiction Warrant not in possession An officer who knows that a warrant for arrest has been issued and has not been executed, but who does not have the warrant in his possession, may arrest the person named therein at any time. The officer must inform the person arrested that the warrant has been issued and serve the warrant upon him as soon as possible.