Review defense attorney tactics described in chapter 21 of your course text.
Introduction
In the last assignment, you arrested a suspect and now she has been charged with murder. In this assignment, you outline how to effectively prepare to present the case.
Preparation
Review defense attorney tactics described in chapter 21 of your course text.
Scenario
(Continued from Week 6) . . . You have completed your Final Report and shared evidence with the district attorney that resulted in a murder charge for Ms. Montros. Now you must prepare for a deposition and possible trial. Upon review of your Final Report, you notice that you made a careless omission. You didn't include the results of a polygraph test that showed that Ms. Montros was not telling the truth in response to several key questions.
You also want to be prepared for your courtroom testimony. You know there are several tactics that defense attorneys often employ, and you want to be ready.
Instructions
Consider the evolving scenario and do the following in 3-4 pages:
Describe the importance of 3 critical steps that you should take to prepare for a deposition.
Explain how the omission of any evidence in a Final Report might impact the case.
Describe the significance of truthfulness when completing reports and providing testimony. Include 3 possible consequences for false testimony or failing to prepare for testimony.
Describe an effective method to prepare for one of the common defense attorney tactics mentioned in the textbook.
This course requires the use of Strayer Writing Standards (SWS). The library is your home for SWS assistance, including citations and formatting. Please refer to the Library site for all support. Check with your professor for any additional instructions.
The specific course learning outcome associated with this assignment is:
Draw conclusions from a criminal investigation using analytical reasoning techniques.
Preparing for Deposition and Trial
Importance of Critical Steps for Deposition Preparation
A deposition is a formal legal proceeding where a witness is questioned under oath. Effective preparation is crucial for a successful deposition. Here are three critical steps to consider:
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Review the Case File Thoroughly:
- Re-familiarize yourself with the case details, including the incident report, witness statements, evidence, and your final report.
- Pay close attention to the specific questions you may be asked, and anticipate potential follow-up questions.
- Review any relevant legal documents, such as search warrants, arrest warrants, and charging documents.
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Practice Effective Communication:
- Practice clear and concise communication, avoiding jargon and technical terms that may confuse the attorneys or the court.
- Be prepared to answer questions directly and honestly, without speculating or going beyond the scope of your knowledge.
- Develop effective listening skills to ensure you fully understand the questions being asked before responding.
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Consult with the Prosecutor:
- Discuss the case strategy with the prosecutor to understand their expectations and any potential defense tactics.
- Review any specific points the prosecutor wants you to emphasize or avoid during the deposition.
- Seek guidance on how to handle difficult or leading questions from the defense attorney.
Impact of Omitting Evidence
Omitting evidence, such as the polygraph results in this case, can have serious consequences. It can undermine the credibility of the investigation and potentially weaken the prosecution's case. In this specific scenario, the omission of the polygraph results could lead to:
- Defense Challenges: The defense attorney may use the omission to cast doubt on the investigation and the credibility of the investigating officer.
- Impeachment of Testimony: The defense may attempt to impeach the officer's testimony by highlighting the omission and suggesting that the officer is withholding information.
- Weakened Case: The omission of exculpatory evidence could weaken the prosecution's case and make it more difficult to secure a conviction.
Significance of Truthfulness and Preparation
Truthfulness is paramount when completing reports and providing testimony. False testimony or failing to prepare for testimony can have severe consequences, including:
- Criminal Charges: Providing false testimony under oath is a serious offense that can result in criminal charges, such as perjury.
- Civil Liability: False or misleading testimony can lead to civil lawsuits for damages.
- Professional Consequences: Law enforcement officers who provide false or misleading testimony may face disciplinary action, including suspension or termination.
Preparing for Defense Attorney Tactics
One common defense attorney tactic is to try to confuse or intimidate the witness. To effectively counter this tactic, it is important to:
- Stay Calm and Composed: Maintain a calm and collected demeanor, even when faced with aggressive questioning.
- Answer Questions Directly: Avoid providing unnecessary details or speculating. Stick to the facts and answer the questions directly.
- Pause Before Answering: Take a moment to consider the question and formulate a clear and concise answer.
- Seek Clarification: If a question is unclear or ambiguous, ask for clarification before responding.
- Consult with the Prosecutor: If you encounter a particularly difficult question, seek guidance from the prosecutor.
By preparing thoroughly and remaining calm and focused, law enforcement officers can effectively navigate the challenges of depositions and trials.