Criminal law practitioners in countries that employ adversarial proceedings, such as Georgia and the United Kingdom, share common strategies for success. While this system is historically prevalent in nations that were part of the British Empire, Georgia stands out as a unique case. Despite never being under British rule, Georgia adopted adversarial criminal proceedings in 2009 as part of its judicial reforms, embracing this system’s emphasis on fairness, evidence-based trials, and robust defense rights. The founder of Tbilisi-based Saba Khelashvili Law Office, an advocate Mr. Saba Khelashvili will share his experience and expertise and will answer how to win a criminal case under adversarial proceedings in Georgia. This will be very interesting for UK citizens as Georgia has never been under the British Empire and it shares the same judiciary system.
Here are the top strategies for winning any criminal case in an adversarial system:
- Conduct an Effective Investigation by the Defense
An advocate’s ability to uncover details that challenge the prosecution’s narrative can make or break a case. This involves:
- Interviewing witnesses to uncover inconsistencies or overlooked facts.
- Reviewing forensic and documentary evidence meticulously.
- Engaging independent experts, such as forensic analysts or financial auditors, to refute prosecution claims.
Effective investigation allows the defense to craft a compelling counter-narrative and anticipate the prosecution’s arguments.
- Strategic Analysis of the Case, Law, Evidence, and Precedents
A winning strategy begins with a thorough analysis of the legal landscape:
- Understand the applicable statutes, court rules, and evidentiary standards.
- Scrutinize the evidence for admissibility issues or procedural errors.
- Study legal precedents to identify favorable rulings that bolster your client’s defense.
In Georgia and the United Kingdom, advocates often use precedent not only to support their case but to argue for the exclusion of evidence or dismissal of charges.
- Master Constructive and Deconstructive Cross-Examination
Cross-examination is one of the most critical skills in adversarial proceedings. A successful advocate must:
- Constructively cross-examine defense witnesses to build their own case, eliciting statements that support their theory.
- Deconstruct the prosecution’s witnesses by exposing inconsistencies, biases, or gaps in knowledge.
Adopting a sharp, focused approach during cross-examination can dismantle the credibility of key prosecution witnesses and sway the jury.
- Develop Effective Negotiation Skills to Secure Plea Bargains
While a trial is the hallmark of adversarial proceedings, many cases are resolved through plea negotiations. A skilled advocate:
- Identifies the weaknesses in the prosecution’s case to strengthen their bargaining position.
- Communicates effectively with prosecutors to secure reduced charges or sentencing recommendations.
- Considers the client’s circumstances and future when recommending a plea deal.
In Georgia, plea bargains have become increasingly common since the 2009 reforms, mirroring practices in the U.K.
- Master Courtroom Presentation and Advocacy
Courtroom presentation is where strategy meets execution. Success requires:
- Clear, confident articulation of arguments and evidence during opening and closing statements.
- The ability to humanize your client to the jury, fostering empathy and doubt about the prosecution’s claims.
- Maintaining professionalism and composure to build trust with the judge and jury.
- Leverage Technology and Modern Tools
In both Georgia and the U.K., technological advancements have become crucial for modern advocacy. Using:
- Digital tools for organizing case files and evidence.
- Presentation software to create compelling visuals for jury trials.
- AI-based legal research platforms to identify patterns in rulings and prepare arguments.
These tools save time, increase precision, and can give an advocate the edge in high-stakes cases.
In addition, Mr. Saba Khelashvili admits, that effective cross-examination is the sharpest tool in lawyers hands compared to others.
Mr. Khelashvili thinks, that in order to win a criminal case successfully, these addition three tactics are crucial: 1. Effective investigation; 2. Strategic analysis of evidence and law; 3. Effective negotiation skills for a good plea agreement.
Conclusion
The adversarial criminal system demands a proactive, strategic, and adaptable approach from advocates. While Georgia’s adoption of this system is a relatively recent development compared to the United Kingdom, the best practices remain consistent. A commitment to diligent investigation, legal analysis, and persuasive courtroom advocacy ensures the highest chances of success for any defense attorney. With these tips in mind, advocates can excel, securing justice for their clients in even the most challenging criminal cases.
