Comments on: Trusting Prosecutors

By: More on Victim Interviews — Chandler Criminal Defense

More on Victim Interviews — Chandler Criminal Defense — Sun, 08 Feb 2009 19:23:22 +0000

[...] on Victim InterviewsTrusting ProsecutorsLying Officers on AppealCriminal Defense Trial RecordsWhy Do We Do It?I Will Never Recommend These [...]

By: BFrederick

BFrederick — Sat, 07 Feb 2009 04:38:52 +0000

That is insane. Violation of due process, right to confrontation? Declaratory judgment action?

By: Andrew Becke

Andrew Becke — Fri, 06 Feb 2009 20:27:52 +0000

Thinking outside the box here, but is there a way to initiate contact with the victim through a motion to the court, thus requiring the prosecutor to respond in a pleading that the victim doesn’t want to talk? That might enhance their desire to be honest.

By: Matt Brown

Matt Brown — Fri, 06 Feb 2009 05:09:22 +0000

I would love to be able to do that. Unfortunately, in our lovely state, A.R.S. § 13-4433(B) makes it so that “[t]he defendant, the defendant’s attorney or an agent of the defendant shall only initiate contact with the victim through the prosecutor’s office.” I think I’ll have to add South Carolina to the long list of places I’d prefer to practice criminal law…

By: BFrederick

BFrederick — Fri, 06 Feb 2009 00:36:11 +0000

Don’t ask the prosecutor for permission. We have an obligation to interview the victim in every case if they will talk to us, and it is none of the prosecutor’s business. Take an investigator with you so that you have a witness (for your protection against claims of harassment and for purposes of later impeachment), tell them who you are and who you represent, and ask them if they have a minute to speak with you.

I’ve been surprised and sometimes shocked by what alleged victims have to say in many cases, and they sometimes turn into our witnesses and not the prosecutor’s. They are just witnesses, prosecutors do not have a claim to them.