NCJ Number
110026
Date Published
1988
Length
11 pages
Annotation
Certain basic rules apply to the trial tactics used by Government prosecutors in public corruption cases.
Abstract
The creation of a professional, fair atmosphere in and outside the courtroom is an absolute prerequisite to a successful jury verdict. A complete set of instructions should be provided to the court as early as possible, and memoranda of law should be anticipated and prepared as needed. Jury selection will be influenced by the background and public office of the defendant, but should focus on juror body language; voir dire is usually in the interest of the court. Opening statements should address the presumption of evidence, the burden of proof, the elements of each charge, and any surprises or anticipated defenses. Visual aids may prove helpful in the opening statement and in presenting evidence such as money trails, telephone records, and other documentary evidence. Tactics for cross-examination of the defendant and his or her character witnesses are based on the preferences and personality of the prosecutor. Closing and rebuttal statements should build credibility for the Government's evidence and emphasize the violation of the defendant's oath of office. Finally, witness preparation for direct, cross-, and rebuttal examination is even more crucial in corruption cases than in routine criminal trials.