Guidance for Professionals in Legal Proceedings
Explore the insightful visuals and messages in this presentation, covering topics such as the pursuit of truth, professionalism, and the role of interviews in legal cases. Learn about being trustworthy, open to new information, and considering all alternatives in your professional conduct.
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Presentation Transcript
WHY ARE WE HERE? BECAUSE WE SHARE ONE OF THE BEST, MOST FULFILLING JOBS ON THE PLANET!!
THE PURSUIT OF TRUTH NO MATTER WHERE THE FACTS TAKE YOU, WE JUST ARE TRYING TO GET TO THINGS THAT ARE REAL AND ACTUALLY HAPPENED, OR DIDN T HAPPEN.
THIS CONCEPT SHOULD INFORM EVER PART OF YOUR CASE, ESPECIALLY YOUR TESTIMONY!
THE MOST EFFECTIVE TOOL YOU HAVE IS COMING ACROSS AS TRUSTWORTHY AND PROFESSIONAL
TRUSTWORTHY MEANS BEING OPEN TO NEW INFORMATION AT ANYTIME
PROFESSIONAL MEANS BEING ABLE TO SHOW THAT YOU CONSIDERED ALL REASONABLE ALTERNATIVES BUT THE FACTS LEAD YOU HERE
SIDEBAR: INTERVIEWS DO NOT ELIMINATE HYPOTHESIZES OR ALTERNATES. JUST BE HONEST AND LET THE PROSECUTOR DO THEIR JOB. POSSIBLE THEY HAVE A DIFFERENT WAY OF DISPROVING THAT ALTERNATE OF WITH WHICH YOU ARE NOT AWARE.
YOU GOT A SUBPOENA! FORENSIC INTERVIEWER/CPS INVESTIGATOR/DETECTIVE OR OFFICER IN CHIEF/MEDICAL PROFESSIONAL/COUNSELORS/OR OTHER
FIRST THING YOU NEED TO KNOW IS HOW WILL YOU BE USED?
WHAT KIND OF CASE IS IT? CRIMINAL/DELINQUENCY ABUSE AND NEGLECT FAMILY COURT PROCEEDING DEALING WITH DIVORCE/CUSTODY/PPO
WHO IS CALLING YOU? PROSECUTOR DEFENSE ATTORNEY GUARDIAN AD LITEM
WHY ARE THEY CALLING YOU? WHERE DOES YOUR TESTIMONY FIT INTO THE CASE?
PREPARATION DID YOU WRITE A REPORT? IS THERE A MEDICAL FILE? IS YOUR EVIDENCE ON VIDEO? DO ALL THE PARTIES HAVE A COPY? PROVIDED TO PROSECUTOR WHO DISTRIBUTES OR IF CPS CASE WORKER YOU LIKELY NEED TO DISTRIBUTE TO ALL PARTIES
REVIEW YOUR MATERIALS WHEN YOU GET THE SUBPOENA, AGAIN BEFORE YOU TESTIFY, HAVE A COPY (OR TWO) WITH YOU.
TALK TO YOUR PROSECUTOR (DEFENSE ATTORNEY/GAL IF THEY CALLED YOU) AHEAD OF TIME AS TO HOW YOU FIT INTO THE CASE
SIDEBAR: I TELL EVERYONE ONE OF MY WITNESSES THE SAME THING: I WILL ONLY EVERY ASK TWO THINGS OF YOU: SHOW UP WHEN AND WHERE I ASK YOU BE ANSWER EVERY QUESTION COMPLETELY AND HONESTLY AND THEN STOP AND WAIT FOR THE NEXT QUESTION. NO MATTER WHO ASKS THE QUESTION, THE ME THE DEFENSE ATTORNEY OR THE JUDGE OR JURY.
WHAT ELSE CAN YOU DO? GO WATCH SOMEONE ELSE TESTIFY FIND OUT WHERE THE COURTROOM IS, HOW YOU APPROACH THE WITNESS STAND FIND OUT WHAT KIND OF JUDGE YOU HAVE NICE/MEAN/INTERESTED/UNINTERESTED/KNOWLEDGEABLE/CLUELESS FIND OUT WHAT KIND OF DEFENSE COUNSEL YOU HAVE NICE/MEAN/PREPARED/UNPREPARED/KNOWLEDGEABLE/CLUELESS
SIDEBAR: KNOW YOUR CASE/REPORTS/THE AREAS WHERE YOU BLEW IT. HOW YOU TRIED TO RECOVER
NO, REALLY KNOW IT. KNOW IT BETTER THAN ANYONE ELSE IN THE ROOM.
THE POINT OF BEING A WITNESS IS THAT YOU KNOW MORE ABOUT THE TOPIC THAN THEY DO
MISTAKES HAPPEN ALL THE TIME. AS LONG AS YOU ARE HONEST AND UPFRONT AND CAN SHOW A GOOD- FAITH EFFORT TO CORRECT IT, JURIES AND JUDGES UNDERSTAND. THERE IS NO SUCH THING AS A PERFECT INTERVIEW, INVESTIGATION, MEDICAL EXAM ETC. IT DOES NOT INVALIDATE THE CASE. THERE IS A REASON THE LAW PUTS THE BURDEN AT BEYOND A REASONABLE DOUBT AND NOT BEYOND ANY DOUBT IT ALLOWS FOR SOME ERROR!
GET A GOOD NIGHTS SLEEP YOU MAY NEED IT!
THE DAY ARRIVES GET UP, GET OUT OF BED, DRAG A COMB ACROSS YOUR HEAD
DRESS IN BUSINESS CASUAL (ACCORDING TO YOUR ROLE) MEDICAL SCRUBS MAYBE OKAY OFFICER UNIFORM MAYBE OKAY DETECTIVE - SUIT
GET SOMETHING IN YOUR STOMACH- YOU MAY BE THERE AWHILE
ONCE YOU LEAVE THE HOUSE YOU ARE ON FIRST DATE BEHAVIOR ROAD RAGE INAPPROPRIATE LAUGHTER RIDING THE ELEVATOR TALKING ABOUT THE CASE ALL BAD
YOU ARE BEING WATCHED IF YOU ARE SITTING IN THE GALLERY IF YOU STAY AFTER YOU TESTIFY NOTHING PHASES YOU YOU HAVE SEEN IT ALL BEFORE (EVEN IF YOU NEVER SEEN ANYTHING) ALWAYS PRESENT IN THE MOMENT (THIS CAN BE EXHAUSTING, PHYSICALLY, MENTALLY)
TAKING THE STAND WALK UP LIKE YOU HAVE BEEN THERE BEFORE LISTEN TO THE JUDGE, WILL LIKELY BE SWORN IN WHILE STANDING. THIS IS YOUR RIGHT HAND
THIS THE EASIEST QUESTION OF THE DAY, TAKE ADVANTAGE BY COMING ACROSS AS COMPOSED LOUD ENOUGH, CONFIDENT THAT YOU KNOW AND KNOW HOW TO SPELL YOUR OWN NAME
WHAT DO YOU DO FOR A LIVING? KNOW WHAT YOU ARE GOING TO SAY - PRACTICE
WHAT KIND OF WITNESS ARE YOU? EXPERT LAY/FACTUAL BOTH
EXPERT IF YOU ARE TESTIFYING AS AN EXPERT YOU MUST HAVE A COPY OF YOUR RESUME OR CURRICULUM VITE TO BE MARKED AS AN EXHIBIT AND ENTERED INTO EVIDENCE ALONG WITH A COPY OF ANY REPORTS THAT YOU ARE USING TO FORMULATE YOUR OPINION (MRE 702, 703)
EXPERT YOU NEED TO BE PREPARED TO EXPLAIN YOUR EDUCATION, TRAINING, EXPERIENCE AND NUMBER OF TIMES YOU HAVE BEEN QUALIFIED AS AN EXPERT, WHAT AREA YOU HAVE BEEN QUALIFIED AS AN EXPERT AND HOW MANY TIMES THE COURTS OF THE JURISDICTION YOU ARE IN HAS QUALIFIED YOU
EXPERT BE FAMILIAR WITH ANY PROMINENT PEER REVIEWED STUDIES AND OR RESEARCHERS IN THE FIELD IN WHICH YOU ARE TESTIFYING AS A EXPERT. (EXAMPLE THE MICHIGAN FORENSIC INTERVIEW PROTOCOL, THOMAS LYON, DEBRA POOLE, JASON DICKENSON AND NICHOLE LITTLE.)
EXPERT IF YOU HAVE TESTIFIED BEFORE TESTIFY CONSISTENTLY (SO LONG AS IT IS TRUTHFUL) EVERY TIME YOU TESTIFY A TRANSCRIPT, AVAILABLE TO DEFENSE, IS PRODUCED
SIDEBAR: IT IS NEVER TOO LATE TO TELL THE TRUTH. IF YOU ARE MISTAKEN ABOUT SOMETHING THAT YOU SAID EARLIER, OR FOR SOME REASON SOMETHING YOU SAID LEAD THE PEOPLE TO MISUNDERSTAND OR YOU SPOKE INCORRECTLY. CORRECT YOURSELF. IT IS NEVER TOO LATE TO TELL THE TRUTH!
EXPERT - YOU CAN GIVE AN EXPERT OPINION BUT NOT TO THE ULTIMATE ISSUE IN THE CASE DIAGNOSE THE INJURY AS CHILD ABUSE NOPE BASED ON MY INVESTIGATION I CONCLUDED THE VICTIM WAS SEXUALLY ABUSED BY X NOPE BETTER TO SAY LESS THAN TOO MUCH
SO WHAT CAN AN EXPERT TESTIFY TO? PURPOSE OF A FORENSIC INTERVIEW/SANE EXAM/CHILD ABUSE EXAM/THE STEPS OF A CHILD ABUSE INVESTIGATION BEHAVIOR THAT ARE COUNTER INTUITIVE BY A VICTIM OR WITNESS GENERALLY
SIDEBAR: REMEMBER HOW WE TALKED ABOUT THE TRUTH AT THE BEGINNING? IF YOU DON T KNOW SOMETHING THAT YOU ARE ASKED A QUESTION ABOUT, WHAT DO YOU SAY? IF YOU CANT REMEMBER THE ANSWER TO A QUESTION, WHAT DO YOU SAY?
WHAT IF I TESTIFIED ONE WAY IN A PREVIOUS CASE AND A NEW STUDY COMES TO LIGHT THAT CHANGES THE WAY YOU TESTIFY IN THIS CASE? THE BEST PART OF THE JOB IS ALWAYS HAVING THE PURSUIT OF TRUTH ON YOUR SIDE, IF YOU ARE OPEN TO CONTINUED LEARNING AND IMPROVING THEN ITS OKAY THAT YOUR TESTIMONY MIGHT HAVE CHANGED. IN FACT, IT IS THE VERY FACT THAT YOU ARE PURSUING THE TRUTH THAT YOU CAUSES YOU TO EVOLVE THAT MAKES YOU CREDIBLE.
