Testifying in Court

Question 1

List the individuals that may be present in a court room

Answer 1

Judge
Jury
Court officers
Typer
Defendants/accused/witnesses/family members
Attorneys

Question 2

How are preliminary hearings different from trials?

Answer 2

Different goals: Sufficient evidence for trial? Plea bargain can be made
Much shorter

Question 3

What is a preliminary hearing?

Answer 3

A way to “screen” cases and determine whether or not the case is strong enough or has enough tangible evidence to make its way into a courtroom for trial.

Question 4

When will a case proceed to trial?

Answer 4

If the judge believes sufficient evidence has been presented

Question 5

Does the defendant have to show evidence at the preliminary hearing?

Answer 5

No

Question 6

What evidence does the prosecution show?

Answer 6

Decides
Needs to be strong enough to go to trial but don’t want to show everything so defence isn’t too prepared

Question 7

How does jury selection work?

Answer 7

Randomized list of 20 people summoned to stand before a judge

Question 8

Who is excluded as a jury member?

Answer 8

In law enforcement or know someone who is

Question 9

What is the goal of a trial?

Answer 9

To determine the guilt or innocence of the accused

Question 10

What is the role of the forensic investigator in court?

Answer 10

Provide detailed, truthful and non-argumentative testimony
Explain what you did and why
Enter evidence (including photos) into court

Question 11

Who can hire a forensic investigator for court testimony?

Answer 11

Either Crown or defence, but most often Crown

Question 12

What could a forensic investigator be asked about in court?

Answer 12

ANYTHING regarding your involvement in the case in question

Question 13

How can a forensic investigator establish credibility?

Answer 13

Through demeanor, lack of bias or motive, inherent consistency, rationality of evidence

Question 14

How to prepare for court testimony?

Answer 14

Re-read notes
Review photographs
Meet with Crown

Question 15

What should you bring with you when testifying in court?

Answer 15

All notes
Any special reports/aides that the court has requested
CV

Question 16

How should you dress for testifying in court?

Answer 16

Uniform or business attire

Question 17

How should you speak in court?

Answer 17

Slowly and calmly
No slang
Don’t be arrogant or rude
Look at judge/jury when responding, not lawyer
Answer only the question asked

Question 18

Outline the process of court testimony.

Answer 18

Wait outside courtroom until called upon
Bow to judge upon entry
Affirm/swear
Testify from witness box

Question 19

List some common questions

Answer 19

Describe the condition of the scene when you arrived
Why did you search this area and not that one?
Why did you use this fingerprinting technique?
What is chain of custody?
Did you take this photo?
What is being shown in this photo?

Question 20

Can forensic investigators give expert evidence?

Answer 20

Yes, if they have additional, specialized training that makes them an expert in a specific field

Question 21

How does John A. Yogis define expert witness?

Answer 21

One who, by experience, studies, or job training has acquired special or particular knowledge of the subject being testified upon.

Question 22

What are the 4 tips for successful testimony?

Answer 22

Dress for success
Preparation
Meet with Crown/Officer in charge beforehand
Observe other court proceedings