ipl-logo

What Are The Pro And Cons Of Withholding Key Witness Information Until The Trial Date?

1076 Words5 Pages

Elle Jones
23 January 2023
Mr. Ahle
Criminal Law Honors
Essay Number One
Issue
What are the pros and cons of withholding key witness information until the trial date? What should I do and why? Is it appropriate for me to lie?
Short Answer There are a number of pros and cons in deciding to withhold this key witness information until the trial date. For example, I, the defense, will have an advantage over the prosecution that may result in my client’s acquittal. However, I could get caught for lying and potentially be fined, lose the trust of the jury, lose the case, and/or simply lose my credibility as a defense attorney. Moreover, because of this, I should remain truthful and turn over the witness statement. It is not appropriate for me …show more content…

My investigator located a witness today and acquired a key statement favorable to my client. The investigator wrote a report including the witness statement and handed it to me today. The discovery laws in the State of California require that I am required to turn over witness statements that I reasonably anticipate will be called to the stand in trial. I am certain that this witness is vital to my case and am confident that today, 45 days before the trial, I will call this witness. This witness is an alibi witness that can place the defendant in another location at the time of the crime. I have not shared my decision to call this witness with anyone yet, however, I am required to turn over the information about reasonably anticipated witnesses at least 30 days before the trial start date. The prosecution has made a request for discovery from me that includes sharing who I am calling as a witness in the trial. This also specifically called for any written statements regarding the anticipated testimony of said …show more content…

If I turned over the information to the prosecution preceding the trial, they will become aware of what witnesses I am using, along with their statements. However, just because the prosecution has this information does not mean that they know my strategy in the case. Besides, if this key witness provides a truthful alibi for my client, then it is improbable that the prosecution can or will dispute the testimony. After all, it is the prosecution’s responsibility to look for the truth, not to pin a crime on an innocent

Show More
Related
398 Words | 2 Pages

The prosecution is charging the defendant Alex palmer with first degree murder of Jes Markson. Critical aspects of four witness testimonies will be analyzed and discussed. Furthermore, the prosecution will explain the importance of each testimony and how the testimony helps link the Defendant Alex Palmer to the crime. The first witness Detective Dana Brown should state that she has been working for the Hollywood police department for eighteen years, seven of which have been as a detective. Disclosure of this information to the jury will help establish her credibility.

Read More
837 Words | 4 Pages

For example, the prosecutor will introduce him or herself “Good morning ladies and gentlemen, my name is Mr. or Mrs. State Prosecutor and I represent the State of California. I am here to prove that the defendant is the man who shot and killed Christopher Wallace. Then the defense will give their opening statement

Read More
569 Words | 3 Pages

Holding: "The trial court then concluded that the state had made reasonable efforts to produce the witness and admitted the hearsay. The Court of Appeals reversed, holding that "more

Read More
494 Words | 2 Pages

Therefore, they could be lying in order to not be in more trouble. The witnesses, then, cannot be trusted. The witnesses are not trustworthy because they are in fear. They could be lying to get out of

Read More
1303 Words | 6 Pages

Passing determination number one charged murder to escape identification and capture, R.C. 2929.04(A)(3); demise detail number two affirmed "course of direct" killings, R.C. 2929.04(A)(5); and capital punishment detail number three claimed kill amid an irritated burglary, R.C. 2929.04(A)(7). Appealing party argued not liable to every one of the charges. Litigant deferred his entitlement to a jury trial and continued to trial under the watchful eye of a three-judge board. Amid round of questioning of the state's last witness, the safeguard moved for a legal mistake on the premise that the expressed had neglected to reveal certain exculpatory confirmation amid discovery. Over the state's protest, the court allowed a legal blunder without partiality.

Read More
1074 Words | 5 Pages

The evidence will show that the State's main witness, Jay Wilds, who was allegedly involved in the aiding of the victims murder, is an unreliable witness. Jay’s testimony has many inconsistencies and misleading information. During Jay’s interrogation with the police, he changes multiple parts of his story. The following are a few of the modifications the witness made, one Jay states to have refused to help in the digging of the victims grave but later reforms his story and states he did. Two, Jay told police Adnan informed him about his plan to murder Ms. Lee the day the murder occurred but later alters his story and says Adnan had frequently mentioned killing her.

Read More
291 Words | 2 Pages

Shortly after Carl Lee Hailey is taken into custody, we meet the prosecutor Mr. Rufus Buckley. Mr. Buckley anticipates the defense wanting to file for a change of venue because he knows that Carl Lee will have a higher chance

Read More
548 Words | 3 Pages

They have told you the true story of what happened that fateful night on June 17, 2016. Their testimonies show you that the defendant was not helpless and that she had many opportunities to leave her husband. In addition, their testimonies showed you that the defendant knowingly and premeditatedly murdered her unconscious husband. Unlike the defense, the prosecution and its witnesses have no gain by lying to

Read More
719 Words | 3 Pages

- All persons will be presented, even if an identification is made. 10. Administrators Will Ask the Witness for a Confidence Statement If a witness makes an identification, the administrator will ask the witness to describe, in his or her own words, how confident he or she is in the

Read More
521 Words | 3 Pages

(To Giles.) You are under arrest in contempt of this court. Now sit down and take counsel with yourself, or you will be set in the jail until you decide to answer all questions.” Miller

Read More
1707 Words | 7 Pages

Witness for the Prosecution “The ultimate mystery is one’s own self” (Sammy Davis Jr.). Mysteries have an allure that keep audiences intrigued and engaged on what will happen next. “Witness for the prosecution”, originally written by Agatha Christie, is no different in the sense that both the short story and visual adaption keep the audience on the edge of their seat as the apprehensive story unfolds. Although the storyline for the short story and movie adaptions both follow the same repertoire, there are a vast number of significant differences that keep the audience entertained and in suspense of what is to come next.

Read More
847 Words | 4 Pages

Friends wouldn’t tell the truth, they would lie on behalf of the defendant that the are close friends with. It makes court cases more difficult in properly prosecuting a possible criminal. Compulsory Process Clause allows the for witnesses to be called to the stand to either defend the defendant, however witnesses that have had felony or treason cases are not allowed to be witnesses. The witnesses bring the truth or in some cases have been known to ruin some cases. In many cases the witness can

Read More
1401 Words | 6 Pages

Instead, she said, “He done what he was after.” Mr. Gilmer called attention to the hot day by wiping his head with his hand. “That’s all for the time being,” he said pleasantly, “but you stay there. I expect big bad Mr. Finch has some questions to ask you.” “State will not prejudice the witness against counsel for the defense,” murmured Judge Taylor primly, “at least not at this time.”

Read More
1122 Words | 5 Pages

Paul, the evidence from the DA’s office, the doctors, members of the Children's Institute International (CII) and clients. He had to work together with them to defend his case. This was shown when a plea bargain was offered to Ms. MaMartin. 2. How significant was discretion with respect to the defense attorney?

Read More
965 Words | 4 Pages

A sworn statement also known as an affidavit is a written or typed statement of facts taken under an oath. A sworn statement is used due to the facts it contains important information used in investigations. Sworn witness statements differ depending in the use and intention of the document. In terms of criminal investigations, the most common sworn witness statements are the ones taken by police or other members whom are commissioners of oaths. Sworn witness statements can also be used in civil matters but are usually drawn up by legal practitioners.

Read More

More about What Are The Pro And Cons Of Withholding Key Witness Information Until The Trial Date?

Related Topics

Open Document