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| Assualt |
Analytically, representing a person charged with Murder
is parallel to representing a person charged with Assault in which death has resulted.
In other words, much of the defense technique brought to bear in the representation
of someone accused of murder is implicated in the defense of one accused of assault.
Many assault cases involve sudden and unexpected, if not explosive,
conduct between people who are otherwise strangers. Events occur very quickly
and, oftentimes, far too quickly for the human mind to comprehend what is occurring.
People who are responsible, typically, will flee the scene as soon as possible.
Obviously, names are not often exchanged prior to assaultive conduct. Consequently,
eyewitness identification is often a major factor in prosecuting an assault case.
Conversely, disputing eyewitness identification is a major component of many assault
case defenses. Nowhere are effective cross-examination techniques more important
than in the cross-examination of an eyewitness to a crime. It is not possible
to put into words the dynamics of the cross-examination of an eyewitness to a
crime. Cross-examination, like surgical skills held by the most talented surgeons,
is a function of talent and experience rather than something that is taught or
learned. Joe is renowned as a master of cross-examination. |