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PROSECUTION CASE - A WINNING APPROACH (FROM ADVANCED CRIMINAL TRIAL TACTICS, 1978 - SEE NCJ-55871)

NCJ Number
55876
Author(s)
L E PROPES
Date Published
1978
Length
7 pages
Annotation
CONVICTIONS IN CRIMINAL CASES OCCUR WHEN THE STATE'S CASE IS SKILLFULLY AND FORCEFULLY DEVELOPED. THE COMPETENT PROSECUTOR MARSHALLS ALL AVAILABLE FACTS AND CAREFULLY PRESENTS THE BEST EVIDENCE AT TRIAL.
Abstract
ALTHOUGH PUBLIC PROSECUTORS CONFRONT A LARGE CASELOAD, THE RELATIVELY SMALL PERCENTAGE OF CASES WHICH RESULT IN CRIMINAL TRIALS COMPELS THE PROSECUTOR TO THROUGHLY UNDERSTAND THE FACTS AND ISSUES OF ANY CASE BROUGHT TO COURT. EACH WITNESS SHOULD BE INTERVIEWED, AND ALL TESTIMONY SHOULD BE CONSIDERED WITHIN A COHESIVE STRATEGY THAT ENHANCES THE CREDIBILITY OF THE PROSECUTOR AND MAKES THE PRESENTATION OF THE EVIDENCE DRAMATIC AND INTERESTING. UNNECESSARY WITNESSES THAT MAY CONFUSE THE JURY SHOULD BE AVOIDED. TESTIMONY OF SELECTED WITNESSES SHOULD BE LIMITED TO THE FACTS WHICH AID IN THE PRESENTATION OF THE PROSECUTION'S CASE AND SHOULD BE PRESENTED IN A MANNER WHICH RECREATES THE EMOTIONS ORIGINALLY FELT BY THE WITNESS. PHYSICAL EXHIBITS SHOULD BE PRESENTED WHICH ENHANCE, NOT CONTRADICT, THE TESTIMONY OF WITNESSES. IF USING AN EXHIBIT REQUIRES THAT A WITNESS LEAVE THE WITNESS STAND, THEN THIS PROCEDURE SHOULD BE REHEARSED TO REDUCE THE WITNESS'S NERVOUSNESS WHEN HE ACTUALLY SPEAKS BEFORE THE JURY. (TWK)

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