NCJ Number
55872
Date Published
1978
Length
16 pages
Annotation
A FEDERAL PROSECUTING ATTORNEY PRESENTS METHODS OF DEALING WITH THE CONCEPT OF REASONABLE DOUBT AND THEREBY GAINING THE JURY'S VOTE. SAMPLE TECHNIQUES FOR TRIAL PROCEDURE ARE DEMONSTRATED.
Abstract
BECAUSE THE RECOLLECTIONS OF WITNESSES VARY, SOME DOUBT WILL ALMOST ALWAYS BE PRESENT IN A CRIMINAL TRIAL. ALTHOUGH A CONVICTION IS JUSTIFIED EVEN IF THE TRIER OF FACT FINDS SOME QUESTIONS REMAINING UNANSWERED, THE PROSECUTION MUST PROVE ITS CASE BEYOND ANY REASONABLE DOUBT. THE DEFENSE WILL TAKE ADVANTAGE OF ANY DISCREPANCY IN THE PROSECUTION'S TESTIMONY; THEREFORE THE PROSECUTION SHOULD BE PREPARED TO PROVE ITS CASE BEYOND VIRTUALLY ANY DOUBT AND NEVER BE FORCED TO ANSWER DEFENSES OF REASONABLE DOUBT. FROM THE OPENING STATEMENT PROSECUTION SHOULD CONVINCE THE JURY THAT IT WILL NOT PRESENT INCONSISTENCIES IN ITS CASE. ANY WEAKNESSES IN THE CASE SHOULD BE IDENTIFIED AND ANSWERED BY THE PROSECUTION ITSELF, RATHER THAN PERMITTING THE DEFENSE TO USE THEM TO FOSTER DOUBTS. THE JURY SHOULD BE REMINDED THAT MINOR DIFFERENCES IN RECOLLECTIONS ARE TO BE EXPECTED AND DO NOT NECESSARILY JUSTIFY REASONABLE DOUBT. THE SUMMATION TECHNIQUES OF ASKING QUESTIONS OF THE DEFENSE WHICH COMPEL ANSWERS FAVORABLE TO THE PROSECUTION ARE DEMONSTRATED. A COROLLARY TO THIS TECHNIQUE, EXPLANATION TO THE JURY OF WHAT THE CONCEPT OF REASONABLE DOUBT MEANS, IS SUGGESTED. (TWK)