Prosecuting Rape Cases - Trial Preparation and Trial Tactic Issues (From Practical Aspects of Rape Investigation, P 329-346, 1987, Robert R Hazelwood and Ann Wolbert Burgess, eds. - See NCJ-105948)

• NCJ Number: 105962
• Author(s): W Heiman
• Date Published: 1987
• Length: 18 pages
• Sale Source: Elsevier Science
• Language: English
• Country: United States of America

Annotation

This paper discusses general policies for the prosecution of rape cases and the trial preparation and trial tactics for such cases.

Abstract

Generally, prosecutors should lobby for new statutes pertaining to rape cases; develop standards for negotiating guilty pleas, nol-prossing, and administering polygraph tests; and be an advocate for victims' rights. Trial preparation involves collecting all witness statements and reviewing them, victim preparation for direct examination and cross-examination, the preparation of clear exhibits, the determination of witness order, and the identification of issues of evidence admissibility. The paper provides guidelines for jury selection, the voir dire process, the opening statement, direct examination, cross-examination, rebuttal, and closing argument. Specific recommendations cover the handling of difficult cases, notably cases involving the victim's identification of the suspect, the question of victim consent, and victims who are unpopular due to background or lifestyle. Advice is also offered on the use of the expert witness to establish the victim's rape trauma syndrome.