Some states allow police officers to testify to hearsay at the preliminary hearing even though the same testimony would be inadmissible hearsay at trial. Discuss the pros and cons of having an officer testify instead of the crime victim in light of the Former Testimony Exception to the Hearsay Rule
What will be an ideal response?
Allowing a police officer to testify about hearsay statements that were obtained while investigating the crime has several advantages. First, it makes the preliminary hearing more efficient. The hearing is shorter because fewer witnesses testify, thus saving time and freeing the judge for other duties. Second, it saves the victim the inconvenience of coming to the hearing. This decreases the number of times the victim must take off from work, lose wages, and incur child care and travel expenses. This increases the chances that the victim will be cooperative when the case goes to trial. Allowing one officer to testify to hearsay may also reduce salary and overtime expenses the police department would incur for additional officers to appear in court.
There are at least two disadvantages. The biggest disadvantage is that the Former Testimony Exception to the Hearsay Rule cannot be used at trial to introduce the victim's testimony because the victim did not give sworn testimony at the preliminary hearing. If the victim is unavailable to testify at trial there will be no way to introduce his or her testimonial hearsay statements. Another disadvantage, although not as important, is that an officer repeating a statement lacks the emotional impact that would be present if the victim testified. It also eliminates the opportunity to ask the victim questions to clarify the statements made to the officer.
You might also like to view...
Opportunities for identity crimes have increased primarily because consumers are increasingly asked to use their social security numbers as a personal identifier
a. True b. False
Which of the following factors that motivate a potential delinquent to act on his or her antisocial propensitiesis false?
a. Kids choose delinquency when they believe they have little chance of becoming financially successful in the conventional world b. Some kids embrace deviant lifestyles, such as joining a gang, in order to compensate for their feelings of social powerlessness. c. Kids who are granted a lot of time to socialize with peers are just as likely to engage in deviant behaviors as those who are closely supervised. d. Some delinquent youth have the false belief that "crime pays.".
Read the "Criminal Investigation in Practice" box regarding The O.J. Simpson Case-What "Not to Do at a Crime Scene" on pages 53 and 54 of the textbook. The article points out the many mistakes made, but it doesn't really explain how this case was different, what the repercussions were from this case, and how this case changed criminal investigation. Discuss some of these points
What will be an ideal response?
The review process can take 10 or more years from conviction to execution
a. True b. False Indicate whether the statement is true or false