Criminal Trial Preparation This paper will discu

In a criminal prosecution, the defense most often has a more difficult task than the prosecution. A criminal defendant rarely possesses resources similar to those of the government. While the government can utilize several law enforcement agencies during the course of a single investigation, a criminal defendant will often be unable to hire even a single private investigator. Similarly, the government can afford to assign more than one prosecuting attorney to a single case, while a defendant will usually be able to afford no more than a single defense attorney. This attorney, in turn, will have to carefully budget his or her time spent on the case so that other cases can be handled at the same time. In addition, few private attorneys are able to make a living handling only criminal cases; this means that a prosecuting attorney is likely to have much more experience trying criminal cases than a private defense attorney. Those defense attorneys who are employed by the government to handle indigent defendants usually find themselves handling too many cases to be able to devote ad

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nformation must be gathered from the most likely sources: the government investigators and the client. Second, information must be gathered quickly, since physical evidence may change, useful evidence may be discarded, and witnesses may become forgetful or even disappear. Third, concentration should be placed upon sources which may perish, move, or change. Fourth, witnesses who the client thinks are essential to the case should be interviewed early. Fifth, the client must be thoroughly interviewed since he or she may the only person who knows the truth as to guilt or innocence. Sixth, the attorney must visit any site where an important event took place, especially the site of the offense. Physical changes at the site must be noted and a diagram with approximate measurements must be drawn (for use during the cross-examination of witnesses). If the client has the resources and the magnitude of the case warrants, a private investigator should be hired to undertake a more thorough investigation. F.L. Bailey & H.B. Rothblatt, Investigation and Preparation of Criminal Cases º 1 (2d ed. 1985). Interviewing the client early is very important. The client must quickly be instructed not to talk to anyone about the case and be warn
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Approximate Word count = 1593
Approximate Pages = 6 (250 words per page)