Michael 5260
Hauptmann's story
Sun Dec 16, 2018 11:39

It is usually lost on a defendant how important it is to tell their defense attorney or attorneys the truth, warts and all. Without the complete truth the attorney is at a complete disadvantage as to how to develop a proper, and hopefully, successful defense strategy.

A defendant's story will generally fall into one of three possible stories:

1. A confession story. This usually results in "it's plea deal time" for the defense attorney.

2. A complete denial yarn. "I wasn't there. I was in Patagonia studying wildlife at the time of the crime."

3. An admit and explain statement. "Yes I committed the crime but here is why I did it."

Based on what the defendant tells the attorney the attorney now has to create a strategy based on that story. There are only so many options they can choose from:

* Mistaken identity. "You have the wrong person."

* Justified homicide and self-defense.

* Defense of others.

* Exercise of duty.

* Accident or misfortune.

* Insanity defense.

* Airtight alibi.

* The defendant was incapacitated at the time.

* The prosecution has not proved all elements of a first degree murder charge.

Using Hauptmann's story, "It ain't me babe. It ain't me you're looking for, babe", the defense team was stuck with his story and the incriminating evidence that was contrary to Hauptmann's story.

Sometimes a defendant can be their own worst enemy. They do have a significant control over their defense and on the final trial outcome.

    • Hauptmann The Manjdb, Sun Dec 16 13:22
      Bruno Richard Hauptmann was indeed his own worst enemy. His presentation, the things he said about himself, made him look and sound bad. That he stuck to his "Fisch" story to the end, refused to... more
    • Re: Hauptmann's storyMjr, Sun Dec 16 13:11
      Good analysis Michael. Tell me, if in fact Hauptmann was innocent of the crime, just how was his attorney to represent him - incriminating evidence and all? Any defense other that "I did not do it."... more
      • Re: Hauptmann's storyMichael 5260 for Mjr, Tue Dec 18 12:33
        Whether the defendant is guilty or innocent of the crime the attorney will approach the problem in a similar manner. They will attempt to impeach all the testimony from lay or expert witnesses that... more
        • Hauptmann The Obstinatejdb, Fri Jan 25 01:59
          There's been so much speculation regarding Hauptmann's mental state, his legal predicament, and the nature of his involvement in the LKC that I can only guess that his head must have been spinning... more
          • hauptmann the elusivebob mills for jdb and forum, Sat Jan 26 10:44
            Thanks, John. From what I know of Hauptmann's background, he was profoundly affected by the World War and its aftermath. If he had a personality disorder of some kind, it wouldn't excuse a crime but... more
            • Detective Workjdb, Sun Jan 27 02:36
              Great detective work, Bob (and thank you also). It does seem that placing the LKC firmly in an historical context is the way to go with the case. Indeed, the World War figures in it; and Hauptmann's... more
        • Re: Hauptmann's storyAnonymous, Fri Dec 21 10:34
          Michael Attorneys will do and say anything to win? Today there really are limits on what an attorney who has and sense of ethics will do. I suspect the same was true than as well. Even if he does not ... more
          • Re: Hauptmann's storyMichael 5260 for Mjr, Sun Dec 23 08:44
            It is hoped that all attorneys have a sense of ethics. Unfortunately there are some that do not. Speaking of perjury. It does take place. People will lie under oath on the witness stand, in... more
            • lying for the statebob mills for michael 5260 and forum, Mon Dec 24 07:03
              It strikes me that lying is a means to an end at high levels of government. Witness Michael Flynn's lies. He's a three-star general who evidently saw a higher purpose than answering questions from... more
          • hauptmann's dilemmabob mills for forum, Fri Dec 21 18:24
            If not "nothing to confess," maybe "confession to being part of a mob-organized gang?" If Hauptmann had been part of a gang hired by associates of Al Capone (otherwise, how could Capone have ever... more
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