The Criminal Justice System: A Guide for Law Enforcement ... - NHTSA

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The National Traffic Law Center is a program of the National District Attorneys Association. This document was prepared under Cooperative Agreement Number DTNH22-98-H-05881 from the U.S. Department of Transportation National Highway Traffic Safety Administration. Points of view or opinions in this document are those of the authors and do not necessarily represent the official position or policies of the Department of Transportation or the National District Attorneys Association.
Acknowledgments While common in occurrence, the evidence needed to prove guilt in impaireddriving cases is complex, often requiring expert testimony to assist the trier-of-fact in determining what happened. As in any profession, those who work in it sometimes take for granted the complex nature of our legal system and presume others understand it as we do, which oftentimes is not the case. To fill that void, this publication provides an overview of the criminal justice system for people who will likely encounter it through their roles as expert witnesses. This guide is the result of a collaborative effort on the part of the following: Debra Whitcomb, Director of Grant Programs and Development, National District Attorneys Association; Marcia Cunningham, Director, National District Attorneys Association’s National Traffic Law Center; Joanne Michaels, Senior Attorney, National District Attorneys Association’s National Traffic Law Center; L. R. “Bob” Jacob, of the Institute of Police Technology and Management (IPTM), Jacksonville, Florida; and George Dentes, former four-term District Attorney for Tompkins County, New York (1989-2005). Sadly, Mr. Dentes died unexpectedly on October 31, 2006, just steps away from his office at the New York Prosecutors Training Institute. iii
Page 1: The Criminal Justice System: A Guid
Page 5 and 6: Introduction The criminal justice s
Page 7 and 8: Before qualifying any witness as an
Page 9 and 10: In light of the constitutional prin
Page 11 and 12: Standardized Field Sobriety Test Of
Page 13 and 14: PRACTICE POINT QUESTIONS TO ANSWER
Page 15 and 16: PRACTICE POINT USE CLEAR AND PRACTI
Page 17 and 18: classes taken as a law enforcement
Page 19 and 20: 4. You are not required to know any
Page 21 and 22: to convey this information in a man
Page 23 and 24: • How did you learn to take vital
Page 25 and 26: TOXICOLOGISTS The prosecutor will a
Page 27 and 28: whatsoever of these concepts, and t
Page 29 and 30: As with each of the other expert ca
Page 31 and 32: correlate to the seriousness of the
Page 33 and 34: CONCLUSION By its very nature, the
Page 35 and 36: to counsel and arranges for counsel
Page 37 and 38: One of the discovery items that the
Page 39 and 40: during its deliberations due to lac
Page 41 and 42: cause. A police officer may not sto
Page 43 and 44: such as drugs or a gun, or (3) iden

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