Various Types of Searches Utilized in the Criminal Justice System - Coursework Example

LoE Project Searches Number Various Types of Searches Utilized In the Criminal Justice System The types of police searches are those that have been authorised by the law. There are types of searches wherein consent to conduct the searches are issued voluntarily, intelligently and knowingly. There are also, frisk search, the search Incident to Arrest, the plain view doctrine, the Search of a Motor Vehicle Incident of Arrest, emergency exceptions search [in which case the police do not need a search warrant] Protective Sweep following an Arrest (Harvard Law Review, 1949). Evidentiary Issues That Surround the Various Types of Searches There are evidentiary issues that greatly inform the manner in which various types of searches are conducted. In the case of voluntary searches, there are no evidentiary issues: the police needs not demonstrate probable cause or reasonable suspicion, since he received consent voluntarily, intelligently and knowingly (Wells and Keasler, 2011). Again, according to Fraenkel (1921), in the case of plain view search, the police officer will not need to produce evidence of the fact that prompted his search or reasonable suspicion or probable cause. This is because, the item that is to be searched is already in view. A case that exemplifies this situation is when a car slows down at red traffic lights with its windows partially closed, so that a police officer on duty happens to see sachets of cocaine in the car’s backseat. In this case, the police officer is in order to stop the driver and search him and the car, because of the doctrine of plain view. The Process of Preparing the Case for Trial The first step to wining a case is preparing for its trial. Preparing for trial should take place at the start of the case and this should be done with the desired verdict in mind. One should resist the temptation of thinking that his case will be settled, just as McElhaney (1996) recommends. One should then proceed to develop a trial theme. The case to be presented is to be built upon this theme as its foundation. Everything else that is done in the course of litigation should be set on the same theme. The theme will help inspire thoughts on the evidence that is to be adduced at trial against the evidence that is to be left out. The theme will also help the lawyer decide the motion to file, the witnesses that are to be interviewed against those who are to be deposed and the questions to ask the legible witnesses, in order to advance the theme. The lawyer can refine, modify or change the theme altogether, upon realising that the theme is weak. The lawyer should also ensure that he is a step ahead of the opposing counsel. This calls for the lawyer to be proactive. In this light, the lawyer should interview his witnesses to serve written discovery and to subpoena records from third party, and to also take depositions. The import of this recommendation is that being first often determines the outcome of litigation, positively. In this light, the first lawyer to conduct the interview can take the sworn statements before locking them into their testimonies. The first to serve discovery enjoys priority on obtaining records and facts needed to support the case. The lawyer can also analyse the case to determine if there are other causes of action that he can take up for plea. The possibility of other defenses to raise may also be considered at this juncture. The lawyer should also consider the possibility of other documents or/ and other documents to support the case. Lawyers must think of a way of approaching a case in a new way. The l lawyer in point should also develop a case strategy. In this light, he must figure out what he needs to win the trial and prepare steps that are needed to achieve the goal. The developed plan will ensure that everything that every step is taken on purpose. The detailed plan will also succor the lawyer from pursuing avenues and activities which have very little or nothing to advance the case. In a closely related wavelength, the lawyer must spend quality time in library research. This will ensure that he is acquainted with the elements of the causes of action in the case, and in the affirmative defenses. The research will help prove what each side has to prove in order to win the case, the discovery that is to be pursued, what the witnesses are to be asked in the deposition and the motions that are to be filed. If the lawyer serves as the plaintiff’s counsel, the lawyer should acquaint himself with the instructions that the jury is issuing. This is because the instructions may hint at the elements needed to prove to win a case. Conversely, if the lawyer is s defense counsel, the instructions are to help him envision the roadmap with which he may poke holes in the opponent’s case and submissions. The lawyer must know from the beginning of the case, what the jury instructions directs him to present to the jury, so that n every step of litigation he is gathering the needed facts in the interrogatories and the request for production he propounds, the subpoena for the records issued and the questions he may ask. Having the needed facts must not be fortuitous. If the lawyer is not aware of the instructions of the jury at the primal stages of the case, the information that the lawyer elicits to support the case will be mere coincidence. The lawyer should then move to have the court of law enter a scheduling order. The gravity behind this recommendation is that while some courts spell out every case of pre-trial deadlines and phase of discovery, others issue less guidance. Because of this, steps must be taken to ensure that a detailed scheduling order is entered, and thereby spelling out deadlines for the expert disclosure, the party that discloses first and the physical examination of the plaintiffs and the depositions. The lawyer should then move to file dispositive motions early. If he is able to win on summary judgement, the lawyer should start to build his case early and to file his motion immediately it becomes appropriate to do so. This requires early analysis which may help the lawyer to isolate the pitfalls in his opponent’s case. Importantly, Yablonka (2001) observes that the lawyer should get his experts lined up early. Following several expenses, many clients opt for delaying the hiring of experts. However,, hiring the services of experts will help the lawyer go a long way since experts are able to evaluate the strengths and weaknesses of a case, and that of the opponents also. An expert can help in the development of the case strategy, and in helping determine the discovery that is to be propounded and questions that are to be asked at the deposition. The lawyer should also take measures to acquaint the client with the expect programme. The cost of the trial and the possible outcome of the trial are some of the factors that the client should be acquainted with. References Fraenkel, O. K. (1921). Concerning Searches and Seizures. Harvard Law Review, 34 (4), 361 – 387. Harvard Law Review. (1949). Constitutional Law. Searches and Seizures. Evidence Obtained during Unlawful Search Held Inadmissible against Guest in House at Time of Search. Harvard Law Review, 62 (7), 1229 – 1231. McElhaney, J. W. (1996). The case wont settle. ABA Journal, 82, 82. Wells, J. T. and Keasler, M. E. (2011). Criminal Procedure: Confessions, Searches and Seizures. SMU Law Review, 64 (1), 199. Yablonka, H. (2001). Preparing the Eichmann Trial: Who Really Did the Job? Theoretical Inquiries in Law, 1 (2), 5 – 24. Read More