Law Enforcement Technology

MAR 2014

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21 www.officer.com March 2014 Law Enforcement Technology T R A I N I N G the court the full value of their evi- dence. This is important, because if the court does not get the full value of the expert evidence, justice may not prevail. Effective communication on the witness stand is central to the role of the expert, particularly in a forensic setting. At its most basic level, courtroom testimony is a straightforward task. The witness has information to give to the jury. Attorneys ask questions to elicit this information and other attorneys critique that information. Yet, there is much more to this process than just the imparting of information. When testifying in court, experts will be asked many questions by attorneys. Some questions are designed to bring forth his or her work and opinions, while others are specifically designed to chal- lenge the expert and cast doubt on the methodology used, and the veracity of the findings. An expert witness should consider their role to be that of a teacher, educating the jury about his or her work and findings. From a power and control perspec- tive, a cooperative attitude is commonly promoted between the attorney and the expert witness. The attorney wants the witness to be convincing and present all relevant information before the jury. The attorney gives the witness time, attention and deference. He or she readily shares the power of "having the floor." Direct examination provides the opportunity for the attorney to convey to the court via the expert all of the evidence that the witness has to offer. How it is presented can go a long way toward making that testimony most effective. Direct examination should be a comfortable process for the expert witness. Rarely will there be any sur prises or questions that are difficult to answer, provided the witness is properly prepared. In contrast, cross examination includes questions with a different purpose than the questions raised dur- ing direct examination. The positive impression that the expert makes dur- Circle 29 on Reader Service Card While the expert has considerable control over what happens in the laboratory setting, the same cannot be said for the courtroom. As with many challenges, preparation is the key to success. LET_20-23_Witness0314.indd 21 2/24/14 10:36 AM

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