Criminal case outcomes may be improved when defense attorneys are guided by the idea, “Speak softly and carry a big stick.” This maxim, often associated with President Theodore Roosevelt’s approach to foreign policy and diplomacy, has important applications to the criminal justice system’s interrelated processes of negotiations and trial preparation.
Roosevelt’s “big stick” foreign policy was based on two opposing principles. It required first that a nation engage in diplomacy with another nation from a position of strength. It required that the nation never bluff and only strike when prepared to strike hard. But carrying a big stick was only half of the strategy.
Speaking softly was also a critical element of successful diplomacy. This required that the nation act justly and fairly in its dealings with other nations. It also required that the nation allow its adversaries to retain their dignity even in defeat.
Wielding a Big Stick – Position of Strength
Some attorneys rely on a negotiation strategy based on bravado and tough talk. But when the bravado is all bluff and the tough talk is all talk, this strategy can lead to spectacular failure.
Achieving a position of strength in criminal plea negotiations requires a defense team that is ready to take a case to trial, ready to fight important constitutional motions, and ready to engage in complex criminal litigation. To keep a position of strength, defense attorneys need to have a thorough understanding of case law, criminal statutes, and procedural rules.
Maintaining a position of strength requires an attorney make a realistic assessment of both the strengths and weaknesses of the case. No matter how strong a case may be, there will always be some risks involved in taking a case to trial. No attorney can guarantee a not guilty verdict. This is one reason that negotiations should also be considered as part of a good defense strategy.
Speak Softly and Firmly – Diplomacy
The best plea negotiations require an attorney who understands the strengths and weaknesses of a case. Negotiations also require an attorney who understands the art of diplomacy. The best negotiated resolutions are rarely achieved by being rude or overly-aggressive.
Successful negotiations require an attorney to first understand the client’s needs and goals. A good negotiator will also consider what a prosecutor may “need” from a case. The successful negotiator may need to find creative ways to meet the needs of both sides, without compromising his client’s position or needs.
Achieving Balance
Successful defense work requires finding a balance between being prepared to take on a fight and being able to engage in diplomatic negotiations. Good defense attorneys must be able to accurately analyze the specific facts of a case, apply appropriate legal standards and analysis to these facts, and make a realistic assessment of the chances of success at trial or on legal motions.
A good criminal defense strategy must be based on the needs of the client. The goal of “speaking softly” in negotiations is to achieve a mutually agreeable resolution that meets those needs. Keeping a “big stick” in reserve provides an alternative strategy to meet those needs in the event the prosecutor refuses to make a reasonable offer.
Your attorney can give you advice on what to do. But ultimately you are the only one who can decide whether to accept an offer to resolve your case or to or reject an offer and take the case to trial. As you make that decision, you want a criminal defense team that can help give you the best possible options to choose from.
Finding a Criminal Attorney in Utah
Many attorneys claim to fight aggressively for their clients. But what really matters is results. Having defense attorneys on your side with experience, knowledge, and skill allows the defense team to negotiate from a position of power while also being ready to take on whatever legal fights may be necessary.
Contact us to see how our criminal defense team can help you.