Description

Investigation is counsel’s principal means for obtaining and vetting the information s/he needs. Although there are other fact-gathering tools – formal discovery proceedings (see Chapter 18); motions practice (see Chapter 19); plea-bargaining discussions (see Chapter 15); informal interchanges with a prosecutor (see § 7.2.2 supra) – they tend to be less reliable and comprehensive than independent defense spadework: meticulously searching the streets, paper and electronic files and records, and the internet. One key component of defense investigation, the interview with the client, is discussed in Chapter 6. The following aspects of investigation are discussed in the present chapter: locating and interviewing defense witnesses (§§ 9.7-9.11 infra); interviewing and taking statements from prosecution witnesses (§§ 9.12-9.16 infra); observing the scene of the crime and other relevant sites (§ 9.5 infra); and gathering documents and exhibits (§§ 9.17-9.20 infra). An additional form of investigation – the retention of expert consultants to look into aspects of a case that may have forensic-science angles – is discussed in Chapter 30.

First Page

255

Source Publication

Trial Manual 11 for the Defense of Criminal Cases

Source Editors/Authors

Anthony G. Amsterdam, Randy A. Hertz

Publication Date

2026

Document Type

Chapter

Edition

11

Rights & Restrictions

CC BY-NC-ND 4.0, https://creativecommons.org/licenses/by-nc-nd/4.0/

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