Deck 16: The Investigator As a Witness and Ethical Awareness

Question 1

Investigators should review the substance of their testimony before the trial. Investigators can review areas of likely inquiry in direct examination by a friendly associate such as the prosecutor.

Answer 1

True

Question 2

The progression of a compromised officer is predictable and, therefore, ____________.

A) concerning
B) troubling
C) preventable
D) acceptable

Answer 2

D

Question 3

Define the term "ethical awareness."

A) knowing who is, and who is not, an ethical investigator
B) the acknowledgement of the existence of unethical conduct
C) the result of job specific ethical training
D) the result of supervisor/leadership behavior modification

Answer 3

B

Question 4

One effect of unethical police conduct is known as jury nullification, which is best described as the: _____.

A) unwillingness of citizens to serve on juries in criminal trials
B) sense of uneasiness investigators experience when testifying before a jury
C) juries' verdict being influenced by the mistrust of police witnesses.
D) jury sequestration

Question 5

Law enforcement ethics involve two distinguishable topics.

A) misconduct and corruption
B) malfeasance and concealment
C) misfeasance and complacency
D) misstatement and coercion

Question 6

Open-ended questions are often asked of the investigator witness. During this questioning the witness will be asked to respond in his or her own words.

Question 7

This is the most important thing an investigator-witness can do immediately after testifying.

A) gracefully leave the courtroom
B) stop and congratulate the prosecutor
C) conduct a self-analysis of their performance
D) discuss their testimony with others while waiting outside the courtroom

Question 8

Investigators should meet and confer with the assigned prosecutor prior to their court appearance to discuss the investigator's testimony. Such meetings can be criticized by the defense counsel as being: _____.

A) one sided
B) within the realm of the discovery process
C) inappropriate plotting
D) a coaching session

Question 9

When asked a question, the witness's eye contact should be with the questioner; in answering, the eye contact moves from the questioner toward the jury.

Question 10

A major result of disclosures of misconduct of the police is that the labor pool of men and women who want to become police officers will decrease and the most desirable candidates will not apply.

Question 11

The growth of ethical awareness among criminal investigators as a professional group includes obligations to fellow investigators as a community. These obligations are best described as: _____.

A) defined by the "umbrella" code of ethics
B) following prevailing practices/standards
C) being a "reasonable person"
D) obeying a supervisor

Question 12

This person asks the investigator-witness to respond to "open-ended" questions.

A) defense counsel
B) prosecutor
C) judge
D) defendant

Question 13

The first questioning of a witness is conducted by the party calling the witness to testify and called: _____.

A) direct examination
B) indirect examination
C) cross-examination
D) indirect cross-examination

Question 14

The investigator should use underworld slang and police lingo because jurors are very impressed with such language coming from a figure of authority.

Question 15

If officers are going to survive ethical dilemmas, the need to be as mentally prepared as they would be for tactical encounters.

Question 16

An investigator should not lie or be evasive on the witness stand as any such false testimony or attempt to stonewall can be disastrous to the credibility of the witness.

Question 17

A short pause before responding to a question asked by the defense counsel: _____.

A) is good behavior
B) allows the prosecutor time to object if necessary
C) indicates thoughtful reflection
D) All of these

Question 18

Cross-examiners often prefer to limit the responsiveness of a witness by phrasing questions calling for a yes-or-no answer.

Question 19

After testifying, the investigator-witness should make a graceful exit from the courtroom, stopping only to shake hands or chat with the prosecutor on the way out.

Question 20

The investigator should not be willing to state that he or she does not know or cannot recall certain facts.

Question 21

_____ fright is not uncommon among witnesses about to testify. This fear is often based on the reluctance to get up and talk in front of a group of people.

Question 22

_____ is used as a euphemism for corruption and crime in law enforcement agencies.

Question 23

The term jury _____ is becoming more common in the courthouse of America and it involves the jury's not-guilty verdict is influenced by a mistrust of the police witness.

Question 24

Police _____ involves issues such as excessive use of force, violation of a suspect's constitutional rights, and a variety of other misdeeds.

Question 25

The term _____, as used in its traditional sense, involves an officer's misuse of police authority for personal gain.

Question 26

The first questioning of a witness that is not within the scope of any previous examination of the witness is the _____ examination conducted by the party calling the witness.

Question 27

_____ communication is a process of transmitting unspoken cues that have potential meaning to the observer and includes body language and body movement.

Question 28

_____ examination is conducted by the party that did not call or subpoena the witness; this questioning is likely to be aggressive in nature.

Question 29

A short _____ before responding to a question is good behavior on the part of the witness. It also allows the prosecutor time to interpose an objection to the question.

Question 30

Proactive supervision involves an acknowledgement of the existence of the continuum of _____ and the need to be vigilant for even the most minor unethical acts.