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Chapter 23
1.
The Final Report,
Testifying in Court, and PIO Chapter 23 © 2009 Delmar, Cengage Learning
2.
Objectives • Describe the
process of developing a final analysis and hypothesis • Describe the process of preparing and completing a final, accurate, and concise report • Describe the process of preparing and delivering a verbal report in the allotted time • Describe the process of preparing for court and testifying in a legal proceeding © 2009 Delmar, Cengage Learning
3.
Case Study • A
judge gave the instruction that no one was to discuss this case in any form while they were sequestered • Before everyone had settled into their chairs two individuals started talking about their testimony • After their testimony, they were escorted to the hall adjacent to the courtroom, handcuffed, and led off for being in contempt of court © 2009 Delmar, Cengage Learning
4.
Introduction • The final
report must contain all aspects of the facts surrounding the case – Every hypothesis must be included, even those discounted – Must be made available during the discovery portion of the trial • There may be an opportunity to provide public information on the findings of the investigation © 2009 Delmar, Cengage Learning
5.
Reports • Putting the
report together requires a review of the entire file • Systematic nature of the investigation must be reflected in the report • Any information that needs corroborative evidence or documentation before going to trial needs to be documented • Review the report, and look for any discrepancies © 2009 Delmar, Cengage Learning
6.
Motive • Many times
showing a motive is not necessary to get a conviction • If motive can be confirmed, then it should be in the report – Report should reflect the relative surety of the investigator’s opinion of the motive © 2009 Delmar, Cengage Learning
7.
Accidental Causes • Accidental
cases deserve the same scrutiny as criminal cases • You are just as apt to end up in court over a civil issue as you are in a criminal case • Same attention to details and documentation is important © 2009 Delmar, Cengage Learning
8.
Final Report • Must
accurately reflect the investigator’s findings • Must be concise • Must include the investigator’s expert opinion on fire area of origin, cause, and product or person responsible • Should be written so that it could be easily understood by the judge or jury © 2009 Delmar, Cengage Learning
9.
Verbal Report • This
is something that should never happen in the government sector • In the insurance industry an investigator might just look at the scene to see if it warrants further investigation – When the scene looks accidental, the private sector investigator’s instructions may be to not write a report and move on © 2009 Delmar, Cengage Learning
10.
National Fire Incident
Reporting System • In a perfect world, every fire department would submit reports • To not collect these data means incomplete national or state reports on fires – A case in point: a state that only has 50 percent of its departments submitting electronic reports only has half a picture of the fire problem © 2009 Delmar, Cengage Learning
11.
National Fire Incident
Reporting System (cont’d.) • For those departments reporting to NFIRS, this is where the work of the first responder investigator can really pay off in the compiling of the data © 2009 Delmar, Cengage Learning
12.
Courtroom Preparation • Many
things must be done prior to going to court – Pretrial meetings, creation of a multimedia presentation, and final review of the report • There may be very little time for the first court appearances if this is a criminal trial – Many states require an almost immediate hearing for setting bail – For most criminal proceedings, the prosecuting attorney will question the arresting officer © 2009 Delmar, Cengage Learning
13.
Curriculum Vitae • A
curriculum vitae (CV) is nothing more than a detailed résumé – Should be thorough and complete with all your background information all classes you have taken as well as any state and national certifications – Awards that were specific to the job can be added as well – The last part of your CV should consist of a chronological list of every case where you had an opportunity to testify © 2009 Delmar, Cengage Learning
14.
Multimedia Presentations • Most
new courthouses have built-in screens, projectors and computers • If photos are an important part of your case, also bring at least 5 x 7 prints © 2009 Delmar, Cengage Learning
15.
Attorney Conference • Most
prosecuting offices are short of personnel and all too often short of time to get things done • The file must be reviewed in its entirety by the prosecuting attorney • The conference should cover all aspects • If this is an important trial, there may even be an opportunity for a pretrial run through on the testimony © 2009 Delmar, Cengage Learning
16.
Discovery • Opposing counsel
should ask for copies of your report and anything to which you will be attesting to in court – As seekers of truth, you know this is not a bad thing and only fair • Prosecuting attorney will do the same with the defense experts, requesting all information that will be presented © 2009 Delmar, Cengage Learning
17.
Discovery (cont’d.) • There
may be a request to answer interrogatories from opposing counsel – A list of questions that you must answer relating to the case – Always let the prosecuting attorney review the questions • Any reports, such as the forensic laboratory report, may be requested along with information about your expertise © 2009 Delmar, Cengage Learning
18.
Courtroom Testimony • Attire
– The first responder investigator is usually an engine company officer and it may be best for him/her to be wearing the department dress uniform • Sends the accurate message that the investigator is a line officer – Assigned investigator can make a better impression if dressed in a suit and tie © 2009 Delmar, Cengage Learning
19.
Demeanor and Your
Testimony • Process of when and how to testify can change from state to state – Example: taking an oath before the jury is seated or when you approach the witness stand • Investigator’s demeanor is a critical aspect of the testimony • Sequestered means that you will be separated from the trial and you will not hear what others say to assure it will not influence your testimony © 2009 Delmar, Cengage Learning
20.
Demeanor and Your
Testimony (cont’d.) • When taking an oath, stand up straight, place your right arm out straight and at a right angle with palm facing forward – This may be the jury’s first impression of you as a professional © 2009 Delmar, Cengage Learning
21.
Demeanor and Your
Testimony (cont’d.) • Go straight to the seat, but if you have not taken your oath, remain standing • Sit up straight; if addressed by the judge, acknowledge him or her • No matter who asks the questions, always look at that person while they are asking • When answering a question, look at the jury and occasionally at the judge © 2009 Delmar, Cengage Learning
22.
Demeanor and Your
Testimony (cont’d.) • Show no emotion whatsoever toward the defendant • If for any reason, an attorney on either side should state that they object, say nothing more, but wait for the judge to decide • The process should be the prosecuting attorney asking you a series of questions – The opposing attorney will then ask you a series of questions © 2009 Delmar, Cengage Learning
23.
Public Information Officer •
In many jurisdictions, the PIO may be the fire investigator – Larger departments may assign an administrative or line officer as the PIO • The PIO prepares written press releases for the media • Most of those working as PIOs want to give their own briefings to the press © 2009 Delmar, Cengage Learning
24.
Public Information Officer
(cont’d.) • When working with the press, professional relationships may be forged – However, the press does not work for the fire department • A good PIO is vital to the success of the department – The primary and most important role is fire safety for the public © 2009 Delmar, Cengage Learning
25.
Summary • The investigator’s
report must contain all facts pertinent to the case at hand • Finalizing the report is an opportunity to ensure that all avenues have been taken to secure all necessary information • Your case may culminate in court where you will testify as an expert witness • The overall goal of investigating a fire is to prevent future similar occurrences © 2009 Delmar, Cengage Learning
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