A police officer is testifying in a criminal trial. The defense attorney, during cross-examination, asks the officer to express an opinion. What should the officer do?
A) The officer should offer his or her opinion.
B) The officer should refuse to answer the question as a lay witness.
C) The officer should notify the judge that he is claiming
privilege and cannot answer such questions.
D) The officer should delay answering to allow the prosecution an opportunity to object.
(Question #2) Both the judge and jury will be watching the investigator's demeanor closely as well as listening to what he or she has to say. First impressions can make a difference. Within this context, what is the general guideline regarding the use of humor when testifying?
A) Displays of humor in the courtroom should be altogether avoided so as not to offend any member of the jury.
B) Humor is encouraged whenever possible as this is an excellent strategy to win over juries.
C) An officer's demeanor should be flat, factual, and objective, with no hint of humor as this is what is expected of police officers as witnesses.
D) Police officers may reveal a sense of humor, and the jury can be impressed but should be made with caution so as not to offend any member of the jury.
(Question #3) On some occasions, the defense attorney may summon a police officer as a witness on the defendant's behalf. If the officer is subpoenaed by the defense, what should the officer do?
A) If the subpoena is not quashed, the officer is obligated to appear and testify.
B) The officer should notify his supervisor and the prosecution and ignore the subpoena.
C) The officer should state the following to the defense attorney, either verbally or in writing: Based on the rights guaranteed by the Fifth Amendment, I refuse to testify or make any statement, or answer any question you may ask and thereby provide you notice that I will not testify at said hearing.
D) The officer should show up in court and notify the judge that he refuses to testify on behalf of the defendant.
(Question #4) Defense attorneys frequently attempt to interview police officers about a case in the hope of developing information that will enable them to achieve a favorable result for their clients. What is the guideline regarding such interactions between police officers and defense attorneys?
A) Communication is allowed but it must be documented and provided to the prosecutor prior to trial/motions.
B) Communication is allowed but should be limited to factual inquiries regarding readiness, witnesses, and availability of evidence.
C) There should be no communication between officers and defense attorneys regarding pending criminal cases without the express approval of the prosecutor's office.
D) Communication between officers and defense attorneys regarding pending criminal cases is always allowed and is usually encouraged as long as the prosecution is notified of such exchanges.
(Question #5) Police officers may wish to carry reports or other documents into the courtroom for reference while they are testifying. Although rules of evidence vary in different courts, in general, what is the rule regarding the use of notes or reports by the officer?
A) If the officer uses them while on the witness stand to refresh his or her memory, they may be seen by the defense attorneys.
B) They may be used by defense attorneys to cross-examine the officer.
C) They may be used to attack the prosecution's case in any way the defense is able.
D) All of the above.
Quick Reply
