In order to keep the defendant’s best interests in mind and represent her as best we can, our investigation should focus on confirming Vivian Smith’s alibi from September 27th. The first step in this process is to gather all available information beginning with the police report, the only item entitled to the defense in D.C. It’s vital to read it thoroughly and collect every detail possible. From this report, we would be able to establish a beginning plan for the investigation ahead. Once we are prepared with background knowledge of the case we would meet with our client, Vivian Smith. Ms. Smith could be easily found for this interview in custody, as it is her right to have an attorney. In the meeting, we would request a written statement
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The crime scene itself is the most obvious and incredibly important place to begin. Being observant and taking photos and notes could potentially bring attention to something we overlooked before. Our team would also canvass the neighborhood around the scene in order to find the man who called the police or any other witnesses for interviews. Additionally, we must go to the restaurant that Vivian Smith claims she was at during the crime. We would find the specific restaurant from the information provided in Smith’s first interview. At the restaurant, we would interview employees and ask if they can confirm Vivian’s presence at the establishment on 9/27/14, by showing them a photo of her and possibly retrieving proof of payment. Other key places to check out include the PNC bank sight of her arrest and her home. The goal of all of this is to strengthen her alibi and negate possible prosecution theories. For example, understanding if she had time to commit the crime, discard the evidence, and then be present at PNC bank could end up ruling their arguments …show more content…
Fortunately, according to the police report, it was the only substantial information that served as the basis for Smith’s arrest (besides her match to a very generic description), and show-up identifications are known to be unreliable. The action of law enforcement presenting a suspect face to face with a victim of crime is undeniably suggestive and could lead to wrongful conviction. Numerous factors deem visibility that night questionable. First, the sun set before 7:00 pm on 9/27/14 in D.C., so it was definitely dark out during the assault and robbery. The amount of traffic (foot and automobile), street light concentration in the area, and the weather that evening would impact the clarity of the incident as well. Finally, the shock and trauma of the event could also have influenced Collins’ ability to get a good look at her attacker. Human memory and eyewitness recounts are often weak and surprisingly inaccurate. Consulting a psychologist or researcher specializing in memory could prove to be useful in destroying the power of the show-up in this
The crime scene itself is the most obvious and incredibly important place to begin. Being observant and taking photos and notes could potentially bring attention to something we overlooked before. Our team would also canvass the neighborhood around the scene in order to find the man who called the police or any other witnesses for interviews. Additionally, we must go to the restaurant that Vivian Smith claims she was at during the crime. We would find the specific restaurant from the information provided in Smith’s first interview. At the restaurant, we would interview employees and ask if they can confirm Vivian’s presence at the establishment on 9/27/14, by showing them a photo of her and possibly retrieving proof of payment. Other key places to check out include the PNC bank sight of her arrest and her home. The goal of all of this is to strengthen her alibi and negate possible prosecution theories. For example, understanding if she had time to commit the crime, discard the evidence, and then be present at PNC bank could end up ruling their arguments …show more content…
Fortunately, according to the police report, it was the only substantial information that served as the basis for Smith’s arrest (besides her match to a very generic description), and show-up identifications are known to be unreliable. The action of law enforcement presenting a suspect face to face with a victim of crime is undeniably suggestive and could lead to wrongful conviction. Numerous factors deem visibility that night questionable. First, the sun set before 7:00 pm on 9/27/14 in D.C., so it was definitely dark out during the assault and robbery. The amount of traffic (foot and automobile), street light concentration in the area, and the weather that evening would impact the clarity of the incident as well. Finally, the shock and trauma of the event could also have influenced Collins’ ability to get a good look at her attacker. Human memory and eyewitness recounts are often weak and surprisingly inaccurate. Consulting a psychologist or researcher specializing in memory could prove to be useful in destroying the power of the show-up in this