Definition of Strategy in the Criminal Justice System
The criminal justice system is the legal apparatus for handling defendants who are accused of violating a jurisdiction's criminal code. An attorney must develop a strategy to navigate a case through the criminal justice system. A strategy in the criminal justice system has multiple parts.
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Motion Strategy
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Motions are used in criminal trials to request the court take some action. A defendant, through his attorney, must have a motion strategy. The attorney can create a trial strategy after examining the facts of the case. Motions to suppress evidence, a motion to dismiss the case for violating the speedy trial rule and a motion to compel discovery are the types of motions used in this kind of strategy.
Courtroom Strategy
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Courtroom strategy is how an attorney develops the case for the jury. It involves how and when evidence is presented to the jury, the contents of the opening statement and how the closing argument is delivered. One important piece of courtroom strategy that must be discussed with the defendant is whether he will testify on his own behalf.
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Jury Selection Strategy
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Juries are selected from a jury pool by the attorney for the state and the attorney for the defendant in a process called "voir dire." An attorney may remove potential jurors from the jury pool by using a peremptory strike for any reason or by striking the juror for cause--such as bias. While an attorney cannot remove a juror based on race, sex or age, she can remove jurors that she believes will not be sympathetic to her case.
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References
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