are police notes allowed as evidence in criminal trial
It is surely understandable, then, if lawyers accept the assurance - offered by the law itself - that police “ad hoc expertise” means the transcript is likely reliable, and in any case the jury will be cautioned to listen carefully to the audio, using the transcript only as an aid. That hasn’t always been the case. Police were once allowed to testify – with no evidence other than their own notes – that a suspect had made a “verbal confession”, with courts liable to accept the officer’s word against that of the defendant. TO THE LAW ENFORCEMENT OFFICER As a witness / investigator of a crime, your cooperation is essential to make the criminal justice system work. This brochure has been developed by the Clark County Prosecuting Attorney in an effort to lessen your inconvenience and to help you feel more comfortable in the courtroom. CRIMINAL COURT PROCEDURE A criminal case is begun by the Prosecutor filing an Information, or by a Grand Jury returning an Indictment, against the defendant. Unless the defendant enters into a plea agreement, his guilt or innocence will be determined at a trial on a date determined by the trial judge. Of course, in principle, they should check the audio and its transcription critically, as they do other evidence, and if necessary send it for evaluation by an independent expert. However, there are reasons why they might be inclined simply to accept the police version. Reliable, unbiased evidence is best achieved not by the will of individuals but by the design of the system. That is why medical science (for example) has developed a system of double-blind analysis of experimental results. The stakes in criminal trials are no less high than those in medical trials. It is common procedure for the trial court to exclude all witnesses from the courtroom while others are testifying. This is to insure that the testimony of one witness does not influence the testimony of another. Do not discuss the testimony of witnesses who have already testified. All reports, statements or other evidence in the case should be brought to the attention of the Prosecutor well in advance of trial so that he may adequately comply with discovery orders. The Court may exclude from the trial any evidence when the defendant is not notified before trial of its existence. This was confirmed by a 2011 experiment using the “disputed utterance” from a real murder trial. Participants played the audio repeatedly, while evidence from the case was gradually revealed to them. At a certain point, the (inaccurate) police transcript was suggested. A police officer’s regular practice in the business of policing is to observe crime and report it. Thus, an officer’s reports are often considered business records and therefore are allowed into evidence as an exception to the hearsay rule.
Yes, an officer’s reports are often considered business records and therefore are allowed into evidence as an exception to the hearsay rule.