What factors affect the credibility of the investigator as a witness?
What will be an ideal response?
A law enforcement officer is not entitled to any more credibility in the courtroom than is any other witness. The officer has an equal responsibility, through presentation, appearance, demeanor, and the substance of testimony, to persuade the jury to believe the facts being related.
The issue of credibility is of special concern to the law enforcement witness. Few people from the general population ever view a criminal offense or act as witnesses in court. It is likely that the trauma of such an event would be so vivid for them that remembering it would not be difficult. However, police officers regularly deal with criminal cases and investigate some with striking similarities. Thus, for officers, the frequency and similarities of, and the time lag between, investigations and court appearances may create difficulties in the presentation of testimony.
A related area that may affect the credibility of the law enforcement witness stems from public expectations and perceptions of the law enforcement role. Many citizens expect nothing less than perfection from law enforcement officers in both the performance of their duties and their presentation of testimony in court. They often lose sight of the fact that law enforcement officers are subject to human frailties. An officer's credibility may suffer if his/her recall is less than perfect.
Another issue in the investigator's credibility relates to the perceptions of the jurors. Some individuals regard as suspect any statements made by police officers. The predisposition of jurors with this attitude may be reinforced by defense attorneys who, on cross-examination, seek to discredit the testimony of the officer on the basis of his or her occupation. The law enforcement witness can overcome all these barriers by preparing meticulously for testimony and by giving straightforward, unemotional responses.
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