TLI4801 ASSIGNMENT 2 SEMESTER 1 2023
,(a) Discuss the rules of etiquette regarding the relationships between
defence attorneys, prosecutors and investigating officers.
In terms of etiquette, the following principles apply with a few small
adjustments to the relationship between defence counsel and
prosecutors:
Conferences with prosecutors take place at their offices, not yours.
In such a conference the investigating officer may have to be
present to fulfil a role similar to that of the instructing
attorney.
Three important rules follow from this:
I. Treat the investigating officer with the degree of courtesy
and respect due to his or her office.
II. The investigating officer may be a witness in the trial and
ensure that what you say in his or her presence may be
used against the accused.
III. Ensure that the discussion is 'off the record', without prejudice.
Some disclosures simply cannot be made 'without
prejudice'. Certain kinds of knowledge just cannot be
ignored or forgotten. Even an otherwise innocent statement
could lead to a whole new line of investigation or defence.
Be careful of what to say in these meetings.
When a plea and sentence agreement is on the table, act with
care. Do not make false claims or statements and ensure that
you do not mislead the other side. Consider whether you have
a duty to make disclosures of certain facts. A plea and
sentence agreement is a contract and it may well be reviewed
and set aside on the grounds of fraud or coercion or some
other ground that vitiates contracts.
The atmosphere of a criminal case is more likely to lead to
emotional outbursts and a loss of objectivity and composure on
the part of the prosecutor or counsel. Care needs to be taken,
especially be careful to maintain your objectivity and your
composure when dealing with your opponent in a criminal case.
, The complainant and the accused may have strong feelings and
may express them or behave badly towards defence counsel or
the prosecutor. Calm them down when that happens and
,(a) Discuss the rules of etiquette regarding the relationships between
defence attorneys, prosecutors and investigating officers.
In terms of etiquette, the following principles apply with a few small
adjustments to the relationship between defence counsel and
prosecutors:
Conferences with prosecutors take place at their offices, not yours.
In such a conference the investigating officer may have to be
present to fulfil a role similar to that of the instructing
attorney.
Three important rules follow from this:
I. Treat the investigating officer with the degree of courtesy
and respect due to his or her office.
II. The investigating officer may be a witness in the trial and
ensure that what you say in his or her presence may be
used against the accused.
III. Ensure that the discussion is 'off the record', without prejudice.
Some disclosures simply cannot be made 'without
prejudice'. Certain kinds of knowledge just cannot be
ignored or forgotten. Even an otherwise innocent statement
could lead to a whole new line of investigation or defence.
Be careful of what to say in these meetings.
When a plea and sentence agreement is on the table, act with
care. Do not make false claims or statements and ensure that
you do not mislead the other side. Consider whether you have
a duty to make disclosures of certain facts. A plea and
sentence agreement is a contract and it may well be reviewed
and set aside on the grounds of fraud or coercion or some
other ground that vitiates contracts.
The atmosphere of a criminal case is more likely to lead to
emotional outbursts and a loss of objectivity and composure on
the part of the prosecutor or counsel. Care needs to be taken,
especially be careful to maintain your objectivity and your
composure when dealing with your opponent in a criminal case.
, The complainant and the accused may have strong feelings and
may express them or behave badly towards defence counsel or
the prosecutor. Calm them down when that happens and
