In the scenario where Officer Roberts is asked a question he can't answer, what should he do?

• A. Ask to see his report to refresh his memory
• B. Guess from memory and continue
• C. Admit he cannot testify
• D. Refer to a different officer

Answer: (A)

When a witness cannot recall a detail, the proper move is to refresh memory with a document they've seen. In policing, that often means asking to review the report to jog memory. This uses the record as a memory aid so the testimony is accurate and reliable. After refreshing, the witness testifies from memory, not from guessing. If memory cannot be refreshed, the witness can say they cannot recall at this time.

Choosing to guess would undermine reliability, and directing to another officer doesn’t resolve the memory issue for the question at hand. Reading the report aloud to the jury is not the routine solution for memory gaps; the purpose is to restore the witness’s own recollection.