Legal Question in Criminal Law in California

Dick Cheney
In the course of the Scooter Libby trial, evidence came out by both testimony and exhibits that show Vice President Cheney was involved in the actual crime of leaking Valerie Wilson's identity.

When evidence comes out in a trial that a crime may have been committed, does the law require that the crime be investigated?

Asked on 2/07/07, 8:51 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

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Re: Dick Cheney

No. Evidence of criminal conduct by someone other than the defendant often comes out during trial. Often this evidence is not credible. On other occasions it is far too weak to justify an investigation.

Investigations consume time and resources, each of which is in limited supply. Law enforcement agencies and prosecutors have discretion as to how their limited resources are to be used. A blanket requirement that every bit of trial evidence suggesting that someone has broken the law be investigated would divert resources from cases that have been deemed important with no assurance that they would be used in cases of any importance at all.

In many instances, evidence that comes out at trial will justify such an investigation. Whether this is so in a given case is a judgment call for the appropriate officials to make.

Answered on 2/07/07, 9:10 pm

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Daniel J. Mangan III JuryTrialJustice

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Re: Dick Cheney

No, no investigation is mandated, and without the trial transcript in hand, I would be very cautious about believing whatever gets reported on that case. though it is very entertaining, and interesting.

DJM

Answered on 2/07/07, 11:46 pm

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