I also asked, How many times did you went home very late? And I said, did you know that the surviellance camera in the department store recorded one instance that you were seen opening the vault? These questions actually made them anxious and confused that they eventually confessed 3 their illegal activities. Such questions also changed their behavior as shown by their non-verbal cues. Their faces became pale and their eyes always look as if there was something bad that they have done. Aside from that, I also incorporated various methods in investigating the case.
Since this is a formal investigation of the crime the Miranda warning is applicable. At the time the suspects were questioned, they were told about the Miranda warning. The United States Constitution Online made mention that, basically, the Miranda warning is a statement that should be stated to a suspect during custodial investigation on the premise that he has the right to remain silent, that anything he would say will be used against him in court and that he has the right to have a counsel preferably of his own choice, and that when he needed with one, the government will provide him (“The United States Constitution Online”, 2006, p. 1. ).
I do not want to violate the rules that has been laid down by the law with respect to investigations that is why I had done it within the limits of the Constitution. Actually, I was able to pinpoint the offenders because I used all the techniques I learned in order to identify the true persons who committed crimes. I also made sure that all legal processes were followed to the letter so that the investigation would run smoothly. 4 Finally, with respect to the presence of an expert witness, it will make the investigation easier. The reception of evidence concerning expert witnesses is discretionary in nature.
That means, the Court of Justice is not bound by testimonies given by the expert witness no matter the presence of its probative value. An expert witness usually testifies on matters that he is most familiar with. He is also the one who would testify against the person who was suspected of committing a crime on the premise that he knew by his expertise that the person has committed a crime.
An example of an expert witness is a handwriting expert witness who would testify as to the genuineness of the handwriting. The steps involved in using such a witness during tiral are just simple. First, the expert witness must be called to appear before the court to testify. Second, the expert witness should testify in accoradnce with his special knowledge on the issue contested, skill, experience or training of the said subject. And lastly, the testimony of the expert witness must not be automatically admitted as evidence since it is the discretion of the judges to admit the same or not. During trial the expert witness may be called to testify.
But, he must first be asked to cite the assurance that he would tell the truth and nothing but the truth. During his testimony, he or she should be asked to demonstrate 5 the way a crime is committed depending on his expertise. Sometimes, an expert witness could be wrong. That means, expert witness testimony may be wrong. There may be probative value of the testimony of the expert witness, however, it is still the discretion of the court whether or not the said testimony would be given weight to support a legal claim. Besides, most of the time, the testimony of the expert witness is accurate.
Therefore, the use of expert witness is not strong at all times with respect to his testimony since the discretion of accepting the same was lodged to the magistrates. Finally, if there is a dire need in using the testimony of the expert witness to make the allegations or the claims strong enough to win in the case, it would be better to try using the same just for a chance. Indeed, there is no harm in trying. 6 References The United States Constitution Online. (2006). The Miranda Warning. Retrieved March 26, 2008, from http://www. usconstitution. net/miranda. html.