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Proffers and Debriefings

Gordon R. Coombes. Proffers and Debriefings. Training Objective. To give the investigator a basic understanding of how and why a proffer/debriefing occurs. To provide the investigator the understanding of the difference between a proffer and a debriefing.

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Proffers and Debriefings

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  1. Gordon R. Coombes Proffers and Debriefings

  2. Training Objective • To give the investigator a basic understanding of how and why a proffer/debriefing occurs. • To provide the investigator the understanding of the difference between a proffer and a debriefing. • To provide tips for helping a client successfully complete a proffer or debriefing.

  3. What is a Proffer? • Offer evidence in support of an argument or the elements of an affirmative defense or offense. • A party with the burden of proof must proffer sufficient evidence to carry that burden. • It occurs following an arrest in order to facilitate a plea agreement.

  4. Who is present for a proffer? • District Attorney, Attorney General or U.S. Attorney • The Arresting Officer(s) • The Defendant • Defense Counsel • Defense Investigator

  5. What is each persons role? • Defendant • To tell the truth about their involvement in a crime in order to gain consideration for the charges brought against them.

  6. What is each persons role? • District Attorney, Attorney General or U.S. Attorney • Assess the information obtained from the defendant in preparation for the prosecution of the defendant. • Determine plea offers based on information • Defense Counsel • Protect the rights of the defendant. • Provide legal advise when necessary • Assess information obtained from the defendant in preparation for their defense

  7. What is each persons role? • Arresting Officer • To verify the information provided by the defendant based on intelligence and personal knowledge. • To gather intelligence and/or evidence • Defense Investigator • To obtain information that can be used to aid in the defense case. • Provide expertise and knowledge to aid the defense attorney.

  8. Why proffer? • A proffer occurs because the prosecutor and/or the arresting officer have reason to believe that: • The defendant has information that is helpful the case at hand or another prosecution. • The defendants information is worthy of consideration against the charges being faced

  9. Why do they believe that? • They have intelligence that leads them to want to proffer. • Defense offers to have the defendant proffer.

  10. Pitfalls of a Proffer • Defendant plays games • Defendant lies • Defendant offers a condition that they can’t meet • Attorney’s disagree • Arresting officer incompetence • Defense attorney not present

  11. Rights of the accused? • Defense Attorney is there to protect the defendant’s rights. • Defense Attorney’s obligation to step in if there is an infringement upon the rights of the accused • Many rights have been waived

  12. What is a Tactical Debriefing • An interview with someone for the purpose of acquiring intelligence information. • An interview conducted by a law enforcement officer(s) with a new arrestee, prison (or jail) inmate, or an offender on probation or parole, for the purpose of obtaining actionable intelligence information and human sources of intelligence (HUMINT).

  13. Who is present for a debriefing? • The accused or suspect • The arresting officer(s)

  14. What is each persons role? • Accused/ Suspect • To provide information that may be worthy of consideration. • Informally mitigate charges. • “Save their ass.” • Arresting Officer(s) • Assess validity of information • Acquire intelligence information. • Determine the potential informant capabilities of the accused/suspect

  15. Why debrief? • First opportunity for a defendant to help themselves with pending charges. • Often delays jail. • More latitude with arresting officer than with the attorney. (depending on jurisdiction)

  16. Pitfalls of a Debriefing • Defendant thinks they can outsmart the cop. • Sometimes they can • No attorney protection. • Officer(s) overstep their bounds. • Cop makes promises that they can’t keep. • Usually not documented well by officer. • No recordings etc.

  17. Rights of the accused? • Miranda Yes or No? • Voluntary statements • Voluntary waiver of counsel.

  18. Which is better for the defendant? • Discussion?

  19. Which is better for the prosecution • Discussion?

  20. Differences • Debriefing • No legal protection • Avoid jail short term • No documentation • Often the best offer • Informal • Proffer • Legal protection • Formal arrangement • Safest for defendant • Already been charged

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