Crime Scene to Courtroom/ Review II flashcards |

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  • When conducting a show-up, caution the victim or witness that the person he or she will be looking at __________ the suspect.

    may or may not be

    A(n) __________________ is necessary to gain access to private records.

    subpoena

    A __________ occurs when an officer presents a victim or witness with a single suspect for identification, during the same time as the initial investigation.

    show-up

    A photographic __________ is a group of photographs used in a photographic line-up. It can be more efficient than a live line-up because the agency can reprint existing photographs.

    array

    People are creatures of habit. If something works one time, they tend to think it should work the next time. This thinking often shows up in criminal activity. The same person or group may well have committed similar crimes that exhibit pattern, or the same or similar __________.

    modus operandi

    Common methods of identifying criminal suspects include confessions, admissions, witness testimony, circumstantial and physical evidence, confidential informant intelligence, and ____________.

    lineup identification

    During a follow-up investigation, look at issues such as _________, ability, and motivation to identify known or suspected offenders, as well as the type of crime committed, how serious it was, and what means and methods the suspect used to commit the crime.

    opportunity

    When developing suspects during a follow-up investigation, officers should gather intelligence and information to better understand the _________ and ________ of a crime.

    why" and "how"

    If a victim or witness is unable to make the identification (during a show-up),

    document why he or she is unable to identify a suspect.

    During a follow-up investigation, an officer can produce __________ by visiting a suspect's workplace and other places that he or she frequents, such as clubs, bars, or gyms.

    leads

    When conducting a show-up, document

    any comment made by the victim or witness during the entire process, word-for-word.

    all statements of identification and non-identification

    When conducting a show-up, transport the __________ to the location of the __________.

    victim or witness/suspect

    Modus operandi means __________ or MO.

    mode of operating

    Coordinate a show-up as

    quickly as possible to limit the legal impact of the suspect's detention.

    Interview the victim and a witness to obtain a description of the __________ prior to initiating a show-up.

    suspect

    When conducting a show-up, ask the victim or witness if he or she

    recognizes the suspect without influencing the identification.

    During a follow-up investigation, concentrate on the "who" part of the investigation and establish a suspect's identity by comparing information, ______________, known offenders, possible leads, and intelligence records.

    evidence

    When studying modus operandi of a suspect? what should you do?

    Compare past incidents with the current incident, noting actions or features that are the same.

    Review BOLOs from various incidents including suspects who tend to commit distinctive or specific types of crimes.

    Review BOLOs from various incidents including the peculiarities of the crime.

    Compare information regarding unsolved crimes to determine what questions may remain unanswered.

    Review BOLOs from various incidents including known behaviors of the suspects.

    _____________ refers to how someone does something, usually repetitive in nature.

    Modus operandi

    Determine if it is appropriate to conduct a show-up, based upon the

    victim or witness' ability to identify the subject, and if circumstances will allow the prompt display of a single suspect.

    When checking agency records for information on a suspect, the officer needs to identify any known __________ of the suspect.

    aliases

    A(n) __________ is an officer who administers a photographic array, has no knowledge of the suspect information, and will meticulously avoid any conduct that might influence, directly or indirectly, a victim's or a witness' decision.

    independent administrator

    Do not depend of a field contact for accurate details, particularly if

    time has passed since the incident.

    When gathering intelligence on suspects, checking for a(n) ________________ is one of the most common ways to locate an individual.

    driver's license

    A(n) __________ is any person an officer has contact with while on patrol-such as concerned citizens or an anonymous complainant with a sense of civic duty-who does not necessarily generate an incident report.

    field contact

    A field contact with an agenda may

    provide names or other leads worth following

    During a photographic line-up,

    the independent administrator will provide standardized instructions to the victim or witness to promote consistency in the administration of this procedure.

    When evaluating a field contact's statement,

    consider who the contact is and what his or her relationship to the victim or suspect may be.

    When gathering intelligence on suspects, ___________ policies and procedures dictate which databases are available to you and how you can access them.

    agency

    When creating a photographic array, each photograph should be of people with __________ physical characteristics to those of the suspect and formulated alike.

    similar

    During a(n) __________ presentation, number all photographs and filler photographs used in the photographic array prior to presenting the array to the victim or witness. Instruct the victim or witness to annotate which photograph is the suspect, and sign and date the array.

    simultaneous

    Records pertaining to ____________ arrests and incidents with law enforcement are restricted from the public by Florida law

    juvenile

    __________ presentation (of a photographic array) occurs when the independent administrator presents a group of photographs to the victim or witness, all at once, at the same time.

    Simultaneous

    Determine the validity and value of a __________ information by corroborating it, by using known case facts and/or by following additional leads successfully.

    field contact's

    ____________ is a computerized logging system in which dispatch records every event reported and every instruction given chronologically by date and time.

    CAD

    An officer who follows the guidelines outlined in intelligence-led policing will

    maintain interaction with members of the community and establish a network of sources of information.

    During a sequential presentation, the independent administrator may repeat the entire photographic array only

    once and in the same sequence as originally presented, only if the victim or witness requests.

    A photographic __________ is the process of showing a photographic array to a victim or witness, one at a time, to allow for the identification or elimination of suspects.

    line-up

    During a(n) __________ presentation, number all of the photographs in the photographic array prior to conducting the presentation. Instruct the victim or witness to mark all photography with either "identification" or "non-identification."

    sequential

    __________ presentation (of a photographic array) occurs when an independent administrator presents individual photographs to the victim or witness one at a time.

    Sequential

    If the victim or witness only requests to see one or a few of the photographs again (during a sequential presentation of a photographic array), present __________ again.

    the entire sequence

    Obtain a sworn statement from the victim or witness regarding the results of a photographic line-up, no matter the

    method used to conduct the photographic array.

    A photographic array consists of a minimum of __________ photographs.

    six

    During a photographic line-up, independent administrators must not

    make any additional commentary beyond reading the standardized instructions.

    In a deposition, Florida Statutes, s. 914.15 gives law enforcement officers the legal right not to answer ___________ questions about their spouses, children, residential address, phone number, or any information not related to the case, unless directed to by a judge.

    personal

    When a deposition ends, the attorney will ask if the officer wishes to read the transcribed or typed deposition or _______________.

    waive the review

    A __________ hearing will determine if the defendant is eligible to bond-out and if so, the amount of the bond-based upon the defendant's criminal history, offense, and flight risk.

    bond

    Depending on agency resources, the threat level of the suspect, and the __________ of the wanted person, you may need additional officers to apprehend the suspect.

    location

    A ____________ is an official court proceeding in which all parties, with the exception of the defendant, provide sworn testimonies regarding the facts of the case is provided to one of the attorneys (defense or prosecution) prior to trial.

    deposition

    According to Florida law, the ______________ hearing for an arrested individual must occur within 24 hours of the arrest.

    first appearance

    Maintain constant contact with dispatch when searching for a

    wanted person, updating your location and status.

    In a first appearance hearing, the judge reviews the ____________ and other information to decide if probable cause exists that supports the defendant's commission of the alleged offense.

    probable cause affidavit

    If asked an improper question during a deposition, you may answer "__________." This requires the attorney to present the question to a judge who may decide to order an answer to the question.

    Please certify the question

    _________________ are people who furnish police with information about crimes, primarily because of the expectation of some personal benefit or advantage, and rarely out of a sense of civic duty.

    Confidential informants

    Plan to attend a __________ hearing only when the state attorney requests your appearance and your agency's policies and procedures permit your attendance. Plan to attend when there is a need to clarify or supplement the affidavit, or when you have information that was not included in the arrest affidavit.

    first appearance

    Only __________ receive compensation for information.

    confidential informants

    Never promise a field contact or a confidential informant any

    type of reward, favor, or reduced sentence.

    Do not place yourself in a situation with a field contact that would

    compromise your safety or your position as a law enforcement officer.

    Both field contacts and confidential informants

    provide information.

    For a __________ hearing, the court may call upon you to provide insight into the defendant's flight risk and danger to the community.

    bond

    Information from a field contact is only exempt from public record if the

    information relates to an active investigation or intelligence.

    Should the initial incident report lack adequate information (for a physical description of the suspect),

    re-interview the victim and any witnesses, and follow any leads of known associates or family members.

    If information from a field contact is substantial, document the information in your field interview report, as per chapter __________, F.S., and your agency's policies and procedures.

    119

    In a court proceeding, "___________" refers to information not recorded in an official document.

    off the record

    Review information from the initial incident report, and victim and witness statements, to get a

    physical description of the suspect.

    Upon arrival at a court proceeding, checking in with the prosecuting attorney and following the attorney's instruction gives the officer and the state attorney time to address _________.

    last-minute concerns

    A _________ is the examination of facts and related law presided over by a judge or magistrate who has the authority or jurisdiction to hear the matter.

    trial

    When giving testimony (at a court proceeding),

    do not alter your answer to match someone else's answer, even if it means giving testimony that contradicts that of another officer.

    avoid suggestions or peer pressure to enhance your testimony and strengthen a case.

    At a __________, your role is to provide the court with a complete picture of the defendant's actions, and the impact on the victim and society.

    sentencing hearing

    Florida Statutes define _____________ as relevant evidence tending to prove or disprove a material fact, with numerous exceptions specified.

    admissible evidence

    Juveniles are entitled to a trial by a __________, unless tried as an adult.

    judge

    The purpose of the __________ is to give the state attorney an opportunity to clarify facts of the case and deal with any inconsistencies.

    pretrial meeting

    To prepare for a court proceeding, discuss the case with the state attorney's office to identify and understand areas of _____________ relevant to testimony and to clarify any concern the state attorney may have.

    weakness

    To prepare for a court proceeding, such as a deposition, hearing, or trial, focus on the ___________ that you created and the professional activity related to the case.

    reports

    You should obtain copies of

    all case reports for a court proceeding from the records sections or the designated personnel in your agency.

    During the pretrial meeting, the state attorney must

    know or have access to everything you know about the case.

    By reviewing and signing a copy of a deposition, the officer has an additional opportunity to refresh his or her _____________ before testifying at a hearing or trial.

    memory

    When an attorney or judge asks questions (during a court proceeding), what should/can the officer do?

    Make sure you understand the question.

    Answer the questions accurately.

    Listen carefully to the question asked by the attorney or judge.

    Pause before answering to collect your thoughts.

    Ask for the question to be repeated, if necessary.

    Ask for the question to be clarified, if necessary.

    Say that you do not understand the question, if necessary.

    If necessary, you can say, "I don't know."

    Answer the questions completely.

    Answer the questions clearly.

    The defendant selects a trial by judge or jury, unless the defendant is a(n) __________.

    juvenile

    When giving testimony (at a court proceeding), the appearance of prejudice

    destroys your credibility.

    To prepare for a pretrial meeting,

    discuss the case with the appropriate agency personnel, such as your supervisor, watch commander, or crime scene and evidence personnel.

    Florida Statutes, s. 90.616 addresses the ______________, which states that an officer must follow the judges' orders completely when the rule has been invoked that forbids all witnesses from discussing any aspect of a case with anyone but the involved attorneys.

    rule of sequestration

    A __________ hearing occurs after the defense files a motion to suppress or to exclude certain testimony or evidence from the trial, alleging that your improper actions violated their client's rights.

    suppression

    To prepare for a pretrial meeting, you should thoroughly review all the available case documentation, photographs, and other physical __________, as well as information from related cases.

    evidence

    At a __________ hearing, both the defense and the prosecution have an opportunity to present evidence and testimony to recommend an appropriate sentence to the judge. The victim also has the right to make a victim impact statement.

    sentencing

    When giving testimony in court, resist the urge

    to fill the pause (after answering a question) with extra information.

    to fill silence with unsolicited testimony.

    During a __________, the court will call on you to testify to your actions related to the stop, detention, arrest, search, seizure, statements, confessions, or evidence that the defense is trying to suppress.

    suppression hearing

    When providing testimony (during a court proceeding), the defense attorney may reverse or rephrase your words to confuse and attempting to convince the jury that you lack confidence in your own statement. The attorney may ask, "Where did you see them in relation to the car?" Then you answer, "They stood toward the front." The attorney then asks, "So they were standing at the front bumper?" You reply, "They stood between the tire and the front door." Then the attorney says, "But you just told us they were near the front of the car, right?" For this tactic, which technique is BEST for you to use?

    Listen intently whenever counsel repeats an answer, remember what you said, and correct any error counsel made in restating the answer.

    When providing testimony (during a court proceeding),

    the officer's job is to provide accurate and complete testimony of the available facts, not to steer the case.

    do not change your attitude when responding to the opposing counsel's questions just because the counsel is an opponent.

    avoid suggestions or peer pressure to enhance your testimony and strengthen a case.

    avoid allowing personal experiences and beliefs to affect the ability to be fair and objective.

    avoid displaying extraordinary interest in the case.

    When providing testimony (during a court proceeding), a defense counsel may use condescension to give the impression that you are inept, unreliable, or lacking confidence. The defense counsel may say, "You mean to tell this court and jury you have made only one prior arrest. Is it true you had been a sworn officer for only three months when you arrested Mr. Hernandez?" For this tactic, which technique is BEST for you to use?

    Convey professionalism, knowledge, and confidence and give firm, decisive answers. If necessary, the state attorney will ask appropriate follow-up questions.

    If the judge overrules an objectionable question (during a court proceeding), the witness __________ answer the question.

    must

    Upon hearing an objection (when giving testimony during a court proceeding),

    you must stop speaking until the judge rules.

    If the judge sustains an objectionable question (during a court proceeding), the witness __________ answer the question.

    may not

    When providing testimony (during a court proceeding), a defense counsel may be belligerent or badger you in order to cause you to become angry, which can affect logic and calmness and reveal your temperament. The defense counsel may say, "I have asked this question three different times in three different ways. What do you not understand?" For this tactic, which technique is BEST for you to use?

    Pause, stay calm, remember the defense counsel's motive, and speak deliberately

    When providing testimony (during a court proceeding), the opposing attorney may demand a "yes" or "no" answer to a question that needs explanation. This prevents the judge or jury from considering pertinent facts and mitigating details. The attorney may say, "Did you see the gun in the defendant's hand or not? Yes or no?" For this tactic, which technique is BEST for you to use?

    Qualify your answer by saying that you cannot answer "yes" or "no", then give the facts and details, such as saying, "I cannot tell you yes or no. All I can tell you is that I saw a small shiny object in the defendant's left hand."

    When providing testimony (during a court proceeding), the opposing attorney implies that you are of little consequence (by mispronouncing your officer's name, forgetting your title, or verbally demoting you). The attorney wants you to lose concentration and focus on the error, not the question. For this tactic, which technique is BEST for you to use?

    The first time opposing counsel uses the wrong name, title, or rank, politely correct him or her. If the counsel persists, ignore the behavior and focus on the question.

    When providing testimony (during a court proceeding), a defense counsel may try to build rapport to create answers that favor the defense (to get as much information as possible and to lull you into a false sense of security). The defense attorney may also try to lead you to state that you are an expert when that is not the case. The defense attorney may say, "I did not realize you knew so much about domestic violence. Do you consider yourself an expert on the subject? You should!" For this tactic, which technique is BEST for you to use?

    It is necessary to stay alert and control your ego. Focus on the facts of the case, and not let the attorney's statements become confusing or distracting.

    Because a court reporter is documenting what people in the courtroom are saying,

    the court can use early testimony to impeach you later in the court process.

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