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

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• As a result of your examination, were you able to determine, to a reasonable degree of medical certainty, the cause of death of the victim (who may have to be referred to by name and not “victim” in some jurisdictions)? CROSS-EXAMINATION It is beyond the scope of this publication to provide detailed information regarding cross-examination (i.e., questions asked by the opposing attorney, the one who did not invite you to participate in this case). However, there are some general areas that will likely be addressed: • Your professional background and credentials, including education and experience (or lack thereof); • Attacks on the depth of your knowledge—of the subject matter generally and the facts of this case specifically; • Bias—“always” testifying for one side and “never” the other; and • “You’re being paid to be here today, aren’t you?” implying that money is the motive to get you to say whatever the hiring attorney wants you to say. The best way to handle cross-examination is the same way you handled the direct. Answer truthfully, don’t get angry, don’t get defensive, and if you don’t understand a question, say so. If all else fails, remember: in the grand scheme of this case, while it might not seem like it to you, your honest testimony is important—to the defendant, to any victims, and to the integrity of the criminal justice system. Do the best you can. That’s all anyone can ask of you. Potential Pitfalls Some frequently encountered pitfalls include: a) relying too much on notes and reports; b) arguing with defense counsel; c) appearing to be too invested in obtaining a conviction; d) offering unsolicited and improper conclusions and opinion testimony; e) being non-responsive to the point of adding gratuitous comments; f) using too much jargon; and g) being overly defensive when in error. Maintaining your composure and professionalism throughout this process is not always easy, but it is always important. 27
CONCLUSION By its very nature, the criminal justice system can be time-consuming and frustrating for all involved, especially for victims and witnesses, whose participation is required and often not entirely voluntary. It is hoped that this guide has clarified some of these complexities and made the process a little less frustrating. For specific answers, it is best to speak directly with the prosecutor assigned to the case. 28
Page 1 and 2: The Criminal Justice System: A Guid
Page 3 and 4: Acknowledgments While common in occ
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: correlate to the seriousness of 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

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

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