By Tony Polse Asst. State's Attorney, Lake Co., Ill.
All too often, I hear police officers complaining about prosecutors. And I hear the prosecutors complaining about the police. We need to remember that police and prosecutors are on the same team and are there to achieve the same goal: doing justice and putting the bad guy away. In my time as a prosecutor and police officer, I have found that the same problems come up over and over again. Here are some helpful hints that will hopefully alleviate some of the problems:
Orlando police officer Teresa Joyce, right, shows prosecutor Mark Graham in the Orange County courtroom how she attempted to get a suspect off the street. (AP Photo/Joe Burbank, Pool)
First of all, the process begins with you — at the arrest and the ever-important police report. I’m not going to go into the perils of not being prepared for court, but I will stress one point: Police reports are the foundation on which prosecutors build a successful case, so the stronger the report, the better off everyone will be. Equally important is familiarizing yourself with the case in which you’re going to testify, because it doesn’t do anybody any good if you write a great report but can’t remember a thing when you're on the witness stand.
Help the deer out of the road
This first tip is for seasoned officers. If you walk into a courtroom and the prosecutor has a deer-in-the-headlights look, do yourself a favor and go over and introduce yourself. It’s great getting into the courtroom and seeing all of your buddies — folks you went to the police academy with, officers from neighboring departments — but take some time to chat with the prosecutor. Let the prosecutor know that you are there for the trial or motion, and that you’ve done this before; you know the territory. Lay the groundwork for a good rapport with the prosecutor. This will not only foster a positive relationship, but it will also greatly reduce your chances of getting that subpoena when you're on vacation.
Going back to the lines of the “deer-in-the-headlights look" ... We've all been there when the prosecutor forgets to ask a crucial question. Thankfully, it doesn’t happen very often, but it does happen. Finding a discreet way to remind a prosecutor that he or she forgot to ask a question (or forgot to get out a critical piece of evidence) is an art form, to say the least. Seasoned officers usually have some sort of catch phrase they’ll use to alert the prosecutor of an oversight. In a perfect world, the prosecutor would have months to read the police report, prepare questions, file motions and prepare the officer for the trial or hearing, but this is rarely the case. If there is a piece of evidence that you absolutely think is crucial to your case, make sure you bring it up with the prosecutor prior to the trial or hearing. There may be some evidentiary considerations that need to be looked into before that piece of evidence comes in, or the prosecutor may tell you the evidence is good but not as crucial as you may think. This theory holds especially true in “cluster” or high-profile arrests.
Not sure how you guys do it, but the prosecutor, before he rests when a subject is on the stand, will stop and ask me “Anything else you think I should ask?”
Not sure if this is our relationship or just a relaxed court setting.
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