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Firearms Examiner Training. Dillon JH, Jr., Hill G, and Hill R. 2013.…

- - - - The presentation of scientific information to laypeople requires real finesse.
      - An alternative approach requires a better understanding of the capabilities and motivations of the audience prior to the development of presentation materials.
        
        a. If their scientific training is at or near the level of presenters, the persuasiveness of messages may be dependent upon the depth and sophistication of the material provided.
        
        b. If the audience lacks the appropriate scientific background but nonetheless is educated and has experience with technical rigor, their expectations may include a very detailed and complicated discussion with some additional explanation using more common vernacular.
        
        c. For naive audiences with little scientific background or general academic experience, the limited use of technical information combined with stimulating visual experiences may represent the most effective combination.
    - - The size and diversity of an audience are added considerations for presenters.
        
        a. When a mass of people reaches a certain size, they often seem to blend into an ambiguous whole where their individual identities disappear.
        
        b. Diverse audiences, whether they are large or of moderate size, pose different challenges due to their ethnic, religious, cultural, language, or other differences between themselves and presenters.
      - Audiences have personalities and frequent changes in mood.
      - Presenters need to be in tune with their joint body language and modify the use of voice, movement, and visual material accordingly.
      - One tactic is to pick out distinct individuals from different locations to make sustained eye contact with so that the entire audience feels your presence and attention over time.
      - Using intonations, gestures, and facial expressions commonly applied in more intimate settings may facilitate the creation of positive relationships.
    - - Our conversations at work have the benefit of mirroring the ways in which we communicate naturally throughout our lives.
      - Our physical attributes, dress and deportment, and listening skills that attract family and friends transfer easily to interactions with coworkers, supervisors, and clients.
      - The transferability is not necessarily one-to-one, leading to difficulties that may have been avoided with some self-reflection.
      - One way of avoiding these problems is to categorize all relationships according to their primary function.
        
        a. The simplest method is a two-group system based on the extent to which relationships are largely altruistic and defined by intrinsic qualities or largely performance oriented and defined by output expectations.
        
        i. The former category is epitomized by our most cherished roles such as father, daughter, and best friend.
        
        ii. The latter category is made up mostly of employment situations where we are required to meet certain goals and objectives.
      - We may be best served by saving informalities in greetings, expressions, and physicality for those persons who occupy our private sphere of influence and use more restraint in language, demeanor, and deportment in public setting.
  - - - It requires authors to examine the logic of their arguments and to think through the details of their focal ideas.
    - - Once the outline is complete, the next stage involves taking the ideas embedded within this structure and turning them into headings, subheadings, and text.
      - The dilemma is translating thoughts into words in a fashion (written) that is different from the way we usually articulate what is on our minds.
        
        a. A way of avoiding this dilemma is to use the proverbial bullet points that are somewhere between individual words and text.
        
        b. Make sure that each paragraph has a clear yet interrelated beginning and ending, with its unique contribution accurately portrayed and highlighted in the text.
    - - The issue of flow of material poses difficulties for many writers of technical information.
      - One problem is we tend to think that each topic is separate and apart from the whole, concentrating our efforts on communicating each item individually.
        
        a. The simplest resolution to this difficulty may be to have one author or an outside editor work on the connections among sections of the document.
      - Style Considerations and Editing
        
        a. Flowery language and verbosity are inappropriate, but too terse a presentation may leave readers wanting.
        
        b. A larger problem is reliance upon scientific idioms that are well know within the professional domain but are off-putting to persons who do not share the same academic background
        
        c. The individual who works on flow can also edit the manuscript for a common and consistent use of language that is appropriate to your audience.
        
        d. A much-used tactic to support this process is to have people outside the boundaries of the profession read the material and give additional feedback about clarity, flow, and readability.
    - - Providing scientific opinions in courts of law requires many of the same verbal and written tactics described previously with few modifications.
      - You may also be attempting to communicate in an environment that severely limits your ability to control your presentation.
      - While judicious use of visual material can reinforce messages and serve to break up the monotony of scientific jargon, you must be aware that the court may not allow it.
      - Additionally, you may be required to communicate under a range of circumstances.
        
        a. Typically these are preliminary communications, depositions, court testimony, and the written report.
    - - The only way to improve communication skills is through practice.
      - One option for charting your improvement is through the use of a communications log.
      - Remember that growth in your abilities only occurs through some form of reflection.
  - - - Investigators
      - Prosecutors
      - Defense attorneys
      - Other forensic experts
    - - Adhere to the administrative and technical policies of the issuing laboratory
      - Adhere to the requirements of the laboratory's accrediting body
      - Address all examinations requested by the submitting agency
      - Include results of any additional unrequested examinations
      - Be clearly written in Standard English using appropriate grammar and punctuation
      - Be written to, the extent possible, in non-technical terms
      - Express results in a balanced and unbiased way
      - Be a reflection of the case file
    - - Contents of a firearms/toolmark report will include these elements:
        
        a. Date of the report
        
        b. Laboratory/agency address
        
        c. Attention line
        
        d. Submitting agency case number
        
        e. Laboratory tracking number
        
        f. Written title for the case (may contain suspects name, the victims name, and the violation)
        
        g. Examinations requested
        
        h. List and general description of evidence items received
        
        i. When, how, and by whom the evidence items were received
        
        j. Results of examination(s) performed
        
        k. Information regarding return of evidence
        
        l. Signature of examiner and quality assurance reviewer(s) (per laboratory protocol)
  - - - Four types of court within the criminal justice system
        
        a. Grand Jury (not a true court type, but a proceeding where witnesses testify)
        
        b. Trial Court
        
        c. Appellate Court
        
        d. Supreme Court
    - - Court proceedings are normally staffed with
        
        a. Judge (or Magistrate depending on jurisdiction).
        
        i. Presides over the trial/hearing and holds ultimate authority over the proceedings that take place.
        
        b. Court Deputy or Bailiff
        
        i. Provides security in the courtroom. Bailiffs ensure order in the courtroom, announce the judges entry into the courtroom, call witnesses, and prevent the escape of the accused. Additionally, this individual supervises the jury when it is sequestered and controls public and media access to the jury.
        
        c. Court Clerk
        
        i. The court clerk provides administrative aid to the court during all proceedings and is normally responsible for handling and securing any evidence that is presented during the proceedings.
        
        d. Court Reporter
        
        i. Also called a court stenographer or court recorder, the court reporters function is to create a record of all that occurs during trial. This includes verbal comments made in the courtroom, testimony, objections, rulings of the judge, the judges instructions to the jury, arguments made by the attorneys, etc.
        
        e. Prosecutor (AKA State Attorney, District Attorney, or Solicitor General)
        
        f. Defense Counsel
        
        g. Defendant
        
        h. Jury
    - - Discovery is the process where the prosecuting attorney provides defense counsel with an opportunity to view, copy, or test the evidence in the governments possession.
      - Evidence and Admissibility
        
        a. In general, admissibility is the legal concept that determines what evidence, both testimonial and physical, will be admitted by the court and the jury will be permitted to hear.
        
        b. The Frye test originally involved testing from a polygraph type of instrument. The Frye test was also referred to as the general acceptance standard since it required the methods and techniques to be generally acceptable within the relevant scientific community.
        
        c. Daubert shifted the determining factor of admissibility away from the general acceptance of the relevant scientific community to the gatekeeper concept. Under Daubert the presiding judge would act as the gatekeeper and determine whether or not the proposed evidence was relevant, applicable to the case, and would be helpful to the jury.
        
        d. Other hybrid states have either adopted legislation or rules of evidence that modify or alter in some way either the Frye or Daubert standards. The number of states that uses either the Frye or the Daubert standard fluctuates over time.
    - - In more sequential terms, what transpires is that the examiner is called to the stand.
      - The attorney who called this individual then proceeds with a line of questions designed to establish the qualifications (education, training, knowledge,skill, etc.) that are sufficient for the court to accept them as an expert in their particular field. The attorney, at the conclusion of his qualifying questions then proffers the witness as an expert in the field.
        
        a. Prior to the court ruling, the judge will inquire whether the opposing counsel wishes to make an inquiry of the witness, which is known as voir dire.
        
        b. Attorneys (both prosecution and defense) may attempt a tactic where, after being recognized as an expert in a particular field, they attempt to elicit opinion testimony outside the range of their particular expertise.
      - Witnesses must ensure that their curriculum vitae (CV) is accurate, complete, and free of any errors or omissions. Examiners should not underestimate opposing counsel checking into the background and representations of the witness on the CV.
    - - Generally, unless an express exception exists, opinion testimony is not admissible in court.
      - Expert witnesses may, if qualified and recognized by the court, give their opinion.
    - - This procedural process excludes witnesses from hearing each others testimony and from discussing their testimony with anyone else. Failures to adhere to this process have ranged from dismissal of the charges to reprimands and exclusion of the evidence.
      - The Process of Giving Testimony
        
        a. The attorney who has called the witness is said to be the proponent of the evidence.
        
        b. Direct examination is governed by certain rules that prohibit leading questions from being asked. Leading questions are usually more narrative in construction and suggest the desired response.
        
        c. Following direct examination, the opposing counsel is afforded an opportunity to cross-examine the witness. Although these questions are permitted to be leading, they are limited to the scope (or confines) of the subjects covered under direct examination.
        
        d. Upon completion of the cross-examination, the proponent attorney may or may not ask further questions during redirect examination. The line of questions during this phase should be within the confines of the cross-examination and not go into any new areas.
        
        i. The primary purpose of this phase is to permit the proponent to rehabilitate or clarify responses given during cross-examination.
        
        e. Finally, the opposing counsel may or may not be permitted to have a line of recross-examination questions. Theoretically, the field of the questions should be continually narrowing with each succession. In real life, the field and number of redirects and recrosses will ultimately be determined by the judge.
      - Objections
        
        a. The overruled objection allows an answer to be given. Although it may not seem to be the case, there are rules and limits that govern objections.
    - - The failure to prepare adequately for courtroom testimony can lead to disaster.
      - Ensuring that complete, accurate, and legible case file notes are documented will dramatically reduce the amount of pretrial preparation required and, most likely, the amount of time that the witness will remain on the stand.
      - Prior to giving any testimony the examiner should thoroughly review the entire case file along with any source or reference material contained in the case.
        
        a. The examiner should be prepared to answer questions about their laboratory standard operating procedure, proficiency testing, accreditation, and literature in the field that directly relates to the testing performed in the instant case.
      - Given the large body of literature in the field of firearm and toolmark identification, it would be impractical to know of every article, study, or text that addresses the subject.
        
        a. When confronted with an unfamiliar piece of scientific literature, one possible and not unreasonable response could be I am not certain about the piece that you are referring to.
      - The examiner should schedule a time to meet with the attorney and review the case file and test results.
        
        a. Do not expect the attorney to be fully versed in your field of expertise or know what questions he or she should ask.
        
        b. The examiner should assist the attorney in the preparation of any exhibits or demonstrative aids that the witness expects to use.
      - Witnesses must also be prepared for the worst case scenario during trial.
    - - The manner in which examiners dress and carry themselves in the courtroom will speak volumes about them, their agency, professionalism, quality of work, and self-confidence.
      - Appearing too casual or sloppily dressed can be seen as a weakness in these areas as well as infer a level of disrespect to the proceedings.
    - - Professionalism, competency, objectivity, and integrity: these are the concepts that should come to mind when considering the appropriate demeanor to exhibit in court proceedings.
        
        a. Maintaining the integrity of the individual as well as the science involved is critical. Yes, sir, no, sir, yes, Your Honor, no, Your Honor, and the like are entirely appropriate.
      - Handling the Aggressive Attorney
        
        a. Do
        
        i. Remain professional and composed
        
        ii. Remain objective
        
        iii. Use volume and tone to deflect hostility
        
        iv. Explain answers, if necessary
        
        b. Don't
        
        i. Become agitated or argumentative
        
        ii. Permit the attorney to put words into your mouth
        
        iii. Become personally invested in the case or its outcome
    - - The ability to balance the highly technical field of expertise while ensuring the jury comprehends the content is not as easy as one would initially think.
      - Witnesses should remember to enunciate clearly and loudly enough to be heard by the jury. Always check with the attorney to get an idea of the jury composition and education level.
      - The examiner should double check any materials that they expect to use in their presentation for accuracy and clarity.