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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

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