NCJ Number
101926
Date Published
1985
Length
57 pages
Annotation
Based on observations and tape recordings in prosecutors' offices of lower courts in a jurisdiction near Toronto, Canada, in the late 1970's, this study examines the processes involved in preparing prosecution witnesses using an illustrative case.
Abstract
It focuses on reorganization of the witness' story during the prosecutor's interview, the prosecutor's development of sequence in the witness' account, the identification of substantive details for direct examination, the coordination of inconsistent evidence, and preparation for cross-examination. Although the observations are drawn from one illustrative case, they support those made in other cases. The analysis emphasizes the reconstruction of events during case preparation so that witness' testimony will establish the defendant's guilt and counteract the scenario presented by the defense. Facts, witness credibility, charges, ethics, and the appeal route limit how cases can be constructed by the prosecution. Each of these elements, given different weights, might produce contrary case outcomes. This is because the essence of the facts, the witness' credibility, and the relevant laws are themselves subject to negotiation. 12 notes and 8 references.