Michigan | Criminal Law
Legal Question
In a criminal trial, can the defense use police reports to counter testimony made in court by the officer who wrote the report?
Share This On:
Legal Answer
|
Read More Answered By: Neil O'Brien |
To an extent, yes. But issues of inadmissible hearsay, relevance, etc. come into play.
If the officer testifies to his/her own observations differently than the officer reported the same observations (example: direction of travel of cars), then the defense can use the officer/witness' prior inconsistent statement from the report to impeach the officer's credibility.
But, police reports often include information that other people tell the officer about (hearsay),in addition to what the officer reports he/she personally saw. If the officer testifies to "X & Y" in court, it is unlikely that the judge will allow the defense to bring out that the officer reported that another witness had saw/heard/reported fact "Z" to the officer (hearsay).
The officer's actual police report paperwork is not going to be admitted into evidence, in part because it contains too much third-hand information (hearsay). |
Share This On:
Top Attorneys in MI
Klisz Law Office, PLLC
Livonia, MI
Questions Answered: 2488
Last Question Aswered on: 2012-05-26
Kronzek & Cronkright P.L.L.C.
Lansing, MI
Questions Answered: 2339
Last Question Aswered on: 2012-05-22
Legal Data Services, PLC
Redmond, WA
Questions Answered: 1783
Last Question Aswered on: 2007-06-03
Action Defense Center
Troy, MI
Questions Answered: 1728
Last Question Aswered on: 2012-05-15
Audra A. Arndt & Associates, PLLC
West Bloomfield, MI
Questions Answered: 1099
Last Question Aswered on: 2012-04-16
Sr. Assistant Eaton County Prosecuting Attorney
Charlotte, MI
Questions Answered: 954
Last Question Aswered on: 2012-05-23
Stuart M. Collis, P.C.
Ypsilanti, MI
Questions Answered: 448
Last Question Aswered on: 2012-04-10
Best Vredevelt & Associates
Miami, FL
Questions Answered: 426
Last Question Aswered on: 2012-04-20
Law Offices of Jules N. Fiani
Howell, MI
Questions Answered: 414
Last Question Aswered on: 2011-07-16
Daniel Hajji & Associates
Farmington Hills, MI
Questions Answered: 308
Last Question Aswered on: 2012-05-22
Search Questions and Answers