if you were a police officer lawyer or prosecutor who had the job of interrogating witnesses

How do police officers interact with the district attorney?

Police officers interact with the district attorney’s office by investigating criminal offenses and collecting the evidence needed to prosecute a case. This takes the form of a police report which contains all of the relevant facts on the case.

What can police officers learn from prosecutors?

The first part is about what issues police officers can learn from prosecutors in helping to work together towards the common goal and the second part is what prosecutors can do to better work with police officers so that both can learn from each other in achieving the goal of truth and justice.

Why is a prosecutor biased?

This is because the person is already familiar with the report writing lingo and will know what the officer is reporting.

What is a prosecutor who has attended a police academy?

A prosecutor who has attended a police academy is familiar with report writing “lingo” and the elements of offenses. Also, this person could help spot another officer who is possibly fudging police reports by writing frequently similar reports.

What to do if an officer is coming to court from an overnight shift?

If the officer is coming to court straight from an overnight shift, then plan in advance to keep something to cover your eyes while you wait in the witness room. Prosecutors do their best to get you in and out, but ultimately it is up to the trial process which decides how fast the trial will move.

Why do police officers stare 100 yards?

A prosecutor who understands this will know why an officer took immediate forceful action against a suspect who began to deceptively clench his fists and delivered the 100-yard stare when the media and the defense counsel are trying to make a case for the officer’s use of excessive force. This individual would be able to explain that the suspect was about to initiate the fight of his life against an arresting officer and the officer recognized this before everyone else because of his skill and training and does not need to wait for that to occur in order to protect himself and others. This type of situation is a typical officer safety issue that is often discussed.

Is the SFST taught in law school?

[i] The Standardized Field Sobriety Test (“SFST”) is not taught in law school. However, it is taught in a police academy.

What does it mean when a police officer believes a suspect is guilty of a crime?

For instance, a police officer who believes a suspect to be guilty of a crime might place undue or inappropriate pressure on the suspect to confess to a crime they did not commit. Likewise, a police officer who shows ...

What is the responsibility of police officers?

Police officers are typically responsible for properly gathering, preserving, and documenting evidence that can later be used in criminal prosecution. While there is the potential for human error by police officers, there is also the potential for intentional misconduct.

Why do you need a criminal defense attorney?

Why You Need an Experienced Criminal Defense Attorney. Police misconduct can lead to a wrongful conviction, but proving it can be difficult. That makes effective criminal defense representation critical. An experienced attorney will know what to look for to uncover any mishandling or tampering with evidence.

What is tampering with evidence?

Any action by an officer to conceal, destroy, falsify, or alter any evidence can be considered tampering with evidence. For an officer to commit the crime of tampering with evidence, they need to have the intent to tamper with the evidence and tamper with an item, knowing that the item was evidence.

What happens when an appeals court reviews a conviction?

When that happens, the appeals court has the power to overturn the criminal conviction.

What to do if you are arrested?

If you are arrested or learn you are under investigation, the first thing you should do is contact an experienced criminal defense attorney.

Why do police make up evidence?

Some of the reasons could be to cover up a mistake or omission that they made during the initial investigation or to try to build a stronger case against a suspect that officers are convinced is guilty of a crime.

What does DOJ do in a civil case?

In a criminal case, DOJ brings a case against the accused person; in a civil case, DOJ brings the case (either through litigation or an administrative investigation) against a governmental authority or law enforcement agency.

What are the types of law enforcement misconduct?

The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed.

What is the DOJ document?

This document outlines the laws enforced by the United States Department of Justice (DOJ) that address police misconduct and explains how you can file a complaint with DOJ if you believe that your rights have been violated. Federal laws that address police misconduct include both criminal and civil statutes.

What is the color of law?

It is a crime for one or more persons acting under color of law willfully to deprive or conspire to deprive another person of any right protected by the Constitution or laws of the United States. (18 U.S.C. §§ 241, 242). "Under color of law" means that the person doing the act is using power given to him or her by a governmental agency (local, State, or Federal). A law enforcement officer acts "under color of law" even if he or she is exceeding his or her rightful power. The types of law enforcement misconduct covered by these laws include excessive force, sexual assault, intentional false arrests, theft, or the intentional fabrication of evidence resulting in a loss of liberty to another. Enforcement of these provisions does not require that any racial, religious, or other discriminatory motive existed. What remedies are available under these laws? These are criminal statutes. Violations of these laws are punishable by fine and/or imprisonment. There is no private right of action under these statutes; in other words, these are not the legal provisions under which you would file a lawsuit on your own.

What is the difference between a civil case and a criminal case?

In a criminal case, the evidence must establish proof "beyond a reasonable doubt," while in civil cases the proof need only satisfy the lower standard of a "preponderance of the evidence.". Finally, in criminal cases, DOJ seeks to punish a wrongdoer for past misconduct through imprisonment or other sanction. In civil cases, DOJ seeks ...

Can the DOJ file a lawsuit for police misconduct?

There is no private right of action under this law; only DOJ may file suit for violations of the Police Misconduct Provision.

Can a complaint be referred to another office?

For example, a complaint received by one office may be referred to another if necessary to address the allegations. In addition, more than one office may investigate the same complaint if the allegations raise issues covered by more than one statute.

What does stopping denials do in a police interrogation?

In addition to keeping the suspect's confidence low, stopping denials also helps quiet the suspect so he doesn't have a chance to ask for a lawyer.

What is interrogation in real life?

He's recounting his crime. In real life, police interrogation requires more than confidence and creativity (although those qualities do help) -- interrogators are highly trained in the psychological tactics of social influence.

Why do detectives have to confess to a new person?

One may be the second detective in room, and another may be brought in for the purpose of forcing the suspect to confess to a new detective -- having to confess to a new person increases the suspect's stress level and his desire to just sign a statement and get out of there.

What is the purpose of safeguarding against involuntary confession?

To safeguard against a suspect falling into an involuntary confession because he thinks he has no choice but to speak , the police must expressly, clearly and completely advise any suspect of his rights to silence and counsel before beginning an interrogation or any other attempt to get a statement from a suspect.

How do police scare people into talking?

Another basic technique is maximization, in which the police try to scare the suspect into talking by telling him all of the horrible things he'll face if he's convicted of the crime in a court of law. Fear tends to make people talk.

What percentage of suspects waive their rights to silence and counsel?

The detective makes a mental note of the suspect's eye activity. Bad Move. In the United States, as many as 80 percent of suspects waive their rights to silence and counsel, allowing police to conduct a full-scale interrogation. The next step is to turn the questioning to the task at hand.

Who was the detective who interrogated Michelle Frederick?

On September 1, 2003, Detective Victor Lauria of the Novi Police Department in Detroit, Michigan, used his training in the Reid technique to interrogate Nikole Michelle Frederick. Frederick's two-year-old step daughter, Ann Marie, was brought to the emergency room near death, with obvious signs of extensive child abuse. Frederick was her primary caretaker and was watching Ann Marie in the time before the trip to the hospital. The interrogation took place over two days, with Frederick being charged with the crime immediately following the first sit-down.

Law Enforcement Backgrounds

Benefits

Challenges

Learning from Each Other

What Police Officers Can Learn from Prosecutors

What Prosecutors Can Learn from Police Officers

Conclusion