Criminal Investigation, 13th Edition
by Charles R. Swanson
Complete Chapter Instructor's
Manual are included (Ch 1 to 22)
** Immediate Download
** Swift Response
** All Chapters included
,Table of Contents are given below
CHAPTER 1: The Evolution of Criminal Investigation and Forensic Science
CHAPTER 2: Legal Aspects of Investigation
CHAPTER 3: Investigators, the Investigative Process, and the Crime Scene
CHAPTER 4: Physical Evidence
CHAPTER 5: Interviewing and Interrogation
CHAPTER 6: Field Notes and Reporting
CHAPTER 7: The Follow-Up Investigation and Investigative Resources
CHAPTER 8: The Crime Laboratory
CHAPTER 9: Injury and Death Investigations
CHAPTER 10: Sex-Related Offenses
CHAPTER 11: Crimes Against Children
CHAPTER 12: Human Trafficking
CHAPTER 13: Robbery
CHAPTER 14: Burglary
CHAPTER 15: Larceny/Theft and White-Collar Crime
CHAPTER 16: Vehicle Thefts and Related Offenses
CHAPTER 17: Cybercrime
CHAPTER 18: Agricultural, Wildlife, and Environmental Crimes
CHAPTER 19: Arson and Explosives Investigations
CHAPTER 20: Recognition, Control, and Investigation of Drug Abuse
CHAPTER 21: Understanding and Investigating Terrorism
CHAPTER 22: The Trial Process and the Investigator as a Witness
,Instructor Manual organized in reverse order, with the last chapter displayed first, to ensure that all
chapters are included in this document. (Complete Chapters included Ch22-1)
Chapter 22
The Trial Process and the Investigator as a
Witness
Objectives
1. Briefly outline the steps in a trial process.
2. Assess the importance of a criminal investigator’s knowing the rules of evidence.
3. Describe the hearsay rule and the philosophy under which the exceptions to this rule have
evolved.
4. Explain the impact of Crawford v. Washington on the rules of evidence.
5. Explain the reason for the existence of evidentiary privileges.
6. Discuss the role of an investigator as a witness in a criminal trial.
7. Explain the purpose of cross-examination.
Introduction
At some point during the investigation of a crime, the investigator will decide to invoke the
processes of the judicial system. If preparing for and taking a case to court were not the goal or,
at least, one of the goals of a criminal investigation, there would be little point to investigating.
That goal, however, may not always mesh with reality. Sometimes, despite the high level of
investigative work done by the law enforcement agency, cases may not be prosecutable. First,
even if a case is investigated as thoroughly as possible, many investigators at some time
throughout their careers will be faced with the fact that the suspect simply cannot be identified.
Second, if there is a suspect, investigators may not have enough evidence to arrest and later to
convict him/her. Third, there may be situations in which legal requirements, such as probable
cause, Miranda rights, and evidence-collection rules, are violated. Finally, because of certain
rules of evidence or evidentiary privileges, some information garnered in an investigation may
not be admissible. In short, investigators should always be aware of potential factors that may
prevent or impede the prosecution of a criminal case.
The time at which the judicial system becomes involved during the course of an investigation is
not uniform. The decision to begin involving the judicial system may come at the conclusion of
the investigation or it may occur at some earlier point. That decision will be based on a variety of
factors, including identification of a suspect, collection of essential evidence and information for
the case, and cooperation of witnesses and victims. Regardless of when the decision is made, the
IM-22 | 1
, Chapter 22: The Trial Process and the Investigator as a Witness
Swanson: Criminal Investigation, 13e
first step is bringing the accused before the court. How, when, where, and why this is done is
called evaluating the case. This chapter discusses the trial process, including the order in which a
trial is conducted and the elements of a criminal trial. This is followed by the rules of evidence,
evidentiary privileges, and the investigator as a witness.
Lecture Notes
I. Evaluating a Case
A. The Investigator
The decisions investigators must make involve a great deal of discretion. Investigators must
consider what may be termed risk factors. As suggested by Figure 22-1 in the text, the fact
that probable cause exists does not require that the arrest be made at the moment, nor does it
mean that the investigation is complete. Certain disadvantages may result from a premature
arrest, even one that is valid. One prime consideration is whether the suspect is likely to flee if
allowed to remain free. Another risk that must be considered by the investigator deals with the
potential danger posed to others if the suspect is allowed to remain free. The investigator
should also consider the hardships imposed on the suspect by early incarceration.
B. The Prosecutor
While the investigator is investigating and deciding to make an arrest, the prosecutor is also
evaluating the case to determine whether the investigator has provided enough information,
verbally and in written case (incident) reports to enable the prosecutor to believe he/she can
prove a case. This is the standard the prosecutor is held to in deciding whether there is a
sufficient basis on which to file formal criminal charges.
II. The Trial Process
Some law enforcement officers and criminal investigators are not fully aware of the order in
which a trial is conducted, because time often prohibits them from attending a complete trial
from beginning to end. Also, witnesses are often sequestered from the courtroom before and after
giving testimony and are instructed not to discuss the case with anyone other than the attorneys
representing the prosecution or defense. This very common practice is used to minimize the
possibility that a witness’s testimony might be affected by other witnesses’ testimony.
A. Jury Selection
IM-22 | 2
by Charles R. Swanson
Complete Chapter Instructor's
Manual are included (Ch 1 to 22)
** Immediate Download
** Swift Response
** All Chapters included
,Table of Contents are given below
CHAPTER 1: The Evolution of Criminal Investigation and Forensic Science
CHAPTER 2: Legal Aspects of Investigation
CHAPTER 3: Investigators, the Investigative Process, and the Crime Scene
CHAPTER 4: Physical Evidence
CHAPTER 5: Interviewing and Interrogation
CHAPTER 6: Field Notes and Reporting
CHAPTER 7: The Follow-Up Investigation and Investigative Resources
CHAPTER 8: The Crime Laboratory
CHAPTER 9: Injury and Death Investigations
CHAPTER 10: Sex-Related Offenses
CHAPTER 11: Crimes Against Children
CHAPTER 12: Human Trafficking
CHAPTER 13: Robbery
CHAPTER 14: Burglary
CHAPTER 15: Larceny/Theft and White-Collar Crime
CHAPTER 16: Vehicle Thefts and Related Offenses
CHAPTER 17: Cybercrime
CHAPTER 18: Agricultural, Wildlife, and Environmental Crimes
CHAPTER 19: Arson and Explosives Investigations
CHAPTER 20: Recognition, Control, and Investigation of Drug Abuse
CHAPTER 21: Understanding and Investigating Terrorism
CHAPTER 22: The Trial Process and the Investigator as a Witness
,Instructor Manual organized in reverse order, with the last chapter displayed first, to ensure that all
chapters are included in this document. (Complete Chapters included Ch22-1)
Chapter 22
The Trial Process and the Investigator as a
Witness
Objectives
1. Briefly outline the steps in a trial process.
2. Assess the importance of a criminal investigator’s knowing the rules of evidence.
3. Describe the hearsay rule and the philosophy under which the exceptions to this rule have
evolved.
4. Explain the impact of Crawford v. Washington on the rules of evidence.
5. Explain the reason for the existence of evidentiary privileges.
6. Discuss the role of an investigator as a witness in a criminal trial.
7. Explain the purpose of cross-examination.
Introduction
At some point during the investigation of a crime, the investigator will decide to invoke the
processes of the judicial system. If preparing for and taking a case to court were not the goal or,
at least, one of the goals of a criminal investigation, there would be little point to investigating.
That goal, however, may not always mesh with reality. Sometimes, despite the high level of
investigative work done by the law enforcement agency, cases may not be prosecutable. First,
even if a case is investigated as thoroughly as possible, many investigators at some time
throughout their careers will be faced with the fact that the suspect simply cannot be identified.
Second, if there is a suspect, investigators may not have enough evidence to arrest and later to
convict him/her. Third, there may be situations in which legal requirements, such as probable
cause, Miranda rights, and evidence-collection rules, are violated. Finally, because of certain
rules of evidence or evidentiary privileges, some information garnered in an investigation may
not be admissible. In short, investigators should always be aware of potential factors that may
prevent or impede the prosecution of a criminal case.
The time at which the judicial system becomes involved during the course of an investigation is
not uniform. The decision to begin involving the judicial system may come at the conclusion of
the investigation or it may occur at some earlier point. That decision will be based on a variety of
factors, including identification of a suspect, collection of essential evidence and information for
the case, and cooperation of witnesses and victims. Regardless of when the decision is made, the
IM-22 | 1
, Chapter 22: The Trial Process and the Investigator as a Witness
Swanson: Criminal Investigation, 13e
first step is bringing the accused before the court. How, when, where, and why this is done is
called evaluating the case. This chapter discusses the trial process, including the order in which a
trial is conducted and the elements of a criminal trial. This is followed by the rules of evidence,
evidentiary privileges, and the investigator as a witness.
Lecture Notes
I. Evaluating a Case
A. The Investigator
The decisions investigators must make involve a great deal of discretion. Investigators must
consider what may be termed risk factors. As suggested by Figure 22-1 in the text, the fact
that probable cause exists does not require that the arrest be made at the moment, nor does it
mean that the investigation is complete. Certain disadvantages may result from a premature
arrest, even one that is valid. One prime consideration is whether the suspect is likely to flee if
allowed to remain free. Another risk that must be considered by the investigator deals with the
potential danger posed to others if the suspect is allowed to remain free. The investigator
should also consider the hardships imposed on the suspect by early incarceration.
B. The Prosecutor
While the investigator is investigating and deciding to make an arrest, the prosecutor is also
evaluating the case to determine whether the investigator has provided enough information,
verbally and in written case (incident) reports to enable the prosecutor to believe he/she can
prove a case. This is the standard the prosecutor is held to in deciding whether there is a
sufficient basis on which to file formal criminal charges.
II. The Trial Process
Some law enforcement officers and criminal investigators are not fully aware of the order in
which a trial is conducted, because time often prohibits them from attending a complete trial
from beginning to end. Also, witnesses are often sequestered from the courtroom before and after
giving testimony and are instructed not to discuss the case with anyone other than the attorneys
representing the prosecution or defense. This very common practice is used to minimize the
possibility that a witness’s testimony might be affected by other witnesses’ testimony.
A. Jury Selection
IM-22 | 2
