Problem Solving Exercise - Witness Tampering: You are prosecuting a defendant who stole a diamond ring worth $250,000. Your key witness overheard the defendant on the telephone, stating how and when he stole the ring. The defendant knows that this witness overheard his statement and says to his lawyer, "I am going to mess him up, if he testifies that I stole the ring!!" The defendant then telephones the witness and says, "How are the wife and kids doing? I hope we all survive this mess!!"
1. Is this a form of witness tampering? Why or why not?
2. What factors would influence your decision?