Peer Responses Week 8 CRJ-201

Peer Responses

The Court Process

Courtney: When an Investigator is put on the stand, they are sworn in under oath by the court. Investigators state their first and last name, who they are (usually a title), where they work, education level, and years of experience. On the witness stand, the producer and the defendant will ask a series of questions relating to the case to help the jurors better understand from a CSI and forensic perspective. Questions can consist of what types of evidence were collected in the investigation as well as reports and findings.” It is the responsibility of the legal investigator to take a “no-nonsense – businesslike” approach in gathering the facts as they exist and reporting them without bias to the attorneys representing the client”(Farese et al. ). Investigators are essential in court as they are a factor in having the jury determine the verdict of the defendant by providing factual evidence and truthful testimony under oath. 

I had the opportunity a couple of weeks ago to see the Chief of the crime scene unit in my county sworn in under oath and to testify what his report of findings was in court about the specific case that was going on. He was put on the stand and limited to what he could answer in court as the judge set limitations on what evidence could be used. Overall it was very entertaining but a complicated task. 

Reference

Farese, F. &. F. P. The Role of the Legal Investigator In The Defense of Capital / Violent Crimes. Farese, Farese, & Farese, P.A. https://www.fareselaw.com/articles/the-role-of-the-legal-investigator-in-the-defense-of-capital-violent-crimes/#:~:text=The%20legal%20investigator%20must%20be,facts%20or%20try%20the%20case.

Gage: When the investigators take the stand during a courtroom proceeding they can undergo several forms of questioning by the person conducting the questioning. Investigators will be sworn in under oath before any form of question is to be conducted. The questions could vary from the amount of experience the investigator has, what evidence is justifiable, is the evidence collected at the scene able to be discredited, or even how much experience the investigator truly has for the crime in question. They will get asked to explain the evidence that is being presented before them to help everyone presiding over the case and the jurors to be able to fully understand the evidence and alleviate any confusion there might be. These questions are important enough to be asked because it shows that the investigator has the knowledge and skillset to be able to be taken seriously and that their testimony is to be taken into account as factual and solid evidence in the court case. Without the prosecution or defense lawyer asking the investigator who has taken the stand the correct questions, the decision as to whether or not the alleged criminal in question is guilty or not guilty, could alter the outcome of the case which would allow for a criminal to walk free or for the possibility of the wrong person being put behind bars for a crime that they did not commit. It is the investigators' responsibility to properly gather the evidence and then when it's brought to court to be able to explain and justify this evidence.

Reference

The Warnath Group. (2017). Retrieved from https://www.warnathgroup.com/wp-content/uploads/2019/02/Warnath-Group-Prosecutor-Trial-Preparation-Direct-Exam-Practice-Guide.pdf