Police Officer as Witness: A Practical Perspective Defense View (From Basic Course for Prosecutors XIII, Volume 2, P 775-820, 1988 -- See NCJ-115597)

• NCJ Number: 115598
• Author(s): M S Adelman
• Date Published: 1988
• Length: 46 pages
• Sale Source: New York State Division of Criminal Justice Services; National Institute of Justice/
• Publication Type: Training (Aid/Material)
• Language: English
• Country: United States of America

Annotation

Guidelines address defense counsel's cross-examination of the police officer witness, beginning with precourt contacts and pretrial hearings and moving on to common issues that arise during the trial.

Abstract

The effect of precourt contacts between the police officer witness and defense counsel are discussed, as are actions to take at arraignment and the preliminary hearing. The author explains discovery of police reports, police personnel files, and scientific tests and examination reports. The following issues which arise at pretrial hearings are reviewed: right to counsel, identification, and search and seizure. Formulating the defense strategy, jury selection, the opening statement, Rosario materials, and direct examination are among the trial areas covered. The paper outlines techniques for cross-examining the officer witness, impeaching his or her testimony, and using the officer as a defense witness. Special attention is given to common issues in cross-examination: identification, undercover officers, affirmative defense in drug cases, and accomplice cases. Police expert witness and summation strategies are discussed. Case references.