Purpose
Define the SCRAM Systems® policy for supporting the SCRAM CAM® product and client test results in court.
Statement
SCRAM Systems supports SCRAM CAM in court at varying levels depending on the nature of the client’s violation and the legal circumstances surrounding the violation. The level of SCRAM Systems support is usually determined through discussions between the SCRAM Systems Court Testimony Liaison and the prosecutor.
Standard Court Support
The customer should be able to address most SCRAM CAM court proceedings using the Non-Compliance report that is available in SCRAMNET. Specifically, the customer will:
- Generate Non-Compliance Report(s) and provide the report(s) to the appropriate supervising court or agency.
- Act as a fact witnesses during court testimony. This includes:
- The ability to explain the details of the Non-Compliance Report and/or Formal Court Report (if relevant, see below).
- The ability to answer questions that do NOT relate to the scientific and technological principals of SCRAM CAM such as who installed the assigned SCRAM CAM Bracelet on the client’s leg, any maintenance performed on the assigned bracelet, and/or the client’s schedule.
- Complete the online SCRAM CAM Training course to attain product certification.
- Attend a SCRAM CAM Level 2 Training class to obtain fact witness knowledge and skills necessary to provide court testimony.
Additional Support (if required)
When a customer feels that the court support required needs to extend beyond the standard support, the customer completes the Request for Testimony form that is available in SCRAMNET. The request places the Court Testimony Liaison in touch with the prosecutor of that case, and they will determine what additional information is required, based on the facts of the case and the judge’s requirements.
If needed, SCRAM Systems will:
- Provide Formal Court Report – A SCRAM Systems Data Analyst will develop a formal court report that contains further technology and violation details. The report provides a summary of the offense and documentation for presentation during the court hearing, as well as other technical documentation supporting our SCRAM technology and monitoring network.
- Provide Additional Information Based on Prosecution Needs
- Additional data or background material that the customer is not able to provide or is not qualified to testify about in court.
- Written affidavits related to facts surrounding the case.
- Bracelet history and calibration records.
- Telephonic or Video Testimony: This type of testimony will be determined by working with the prosecutor (i.e. fact witness or expert witness).
- In Person Testimony: This type of testimony will be determined by working with the prosecutor (i.e. fact witness or expert witness). SCRAM Systems may request reimbursement for travel and expenses.
Frye or Daubert Hearings
SCRAM CAM results have been ruled as scientifically valid evidence in hundreds of court cases over more than a decade and have met Frye and/or Daubert standards dozens of times. Courts should take judicial notice that SCRAM CAM results are generally accepted by the relevant scientific community as reliable for the purpose of demonstrating that a person has consumed alcohol. SCRAM Systems support will only be considered when the judge insists on such a hearing.
Subpoenas
SCRAM Systems will respond to subpoenas appropriately. When SCRAM Systems receives a subpoena duces tecum from the defense, SCRAM Systems will always contact the prosecution.