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.
Full Answer Section
Impact of Omitting Evidence
Omitting evidence, even unintentionally, can have serious consequences for a case. In the scenario provided, the omission of the polygraph results could potentially weaken the prosecution's case. If the defense attorney becomes aware of the omitted evidence, they may use it to cast doubt on the credibility of the investigation and the prosecution's case. This could lead to a less favorable outcome for the prosecution.
Significance of Truthfulness and Preparation
Truthfulness is paramount in any legal proceeding. False testimony or failing to prepare for testimony can have severe consequences, including:
- Criminal Charges: Providing false testimony under oath is a serious crime that can result in significant penalties, including imprisonment.
- Civil Liability: False testimony or negligent investigation can lead to civil lawsuits and damages.
- Professional Reputations: False or misleading testimony can damage the reputation of law enforcement officers and the agency they represent.
Preparing for Defense Attorney Tactics
One common defense attorney tactic is to challenge the credibility of the investigating officer. To counter this, it is essential to be well-prepared and confident in your testimony. By reviewing the case file thoroughly and practicing your responses, you can effectively address any challenges to your credibility.
Additionally, it is important to remain calm and collected during the deposition. Avoid getting emotional or defensive, and stick to the facts. If you are unsure about a question, politely ask for clarification or request to consult with your attorney. By staying focused and professional, you can effectively counter the defense attorney's tactics and protect the integrity of the investigation.