Criminal Law Advocacy

This treatise features all the important techniques behind successful criminal law practice, with specific guidelines for using the proper procedures.

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Criminal Law Advocacy explores the important techniques behind successful criminal law practice and offers specific guidelines for using the proper procedures. Checklists, sample forms, and real-life examples of testimony are included, with expert author commentary throughout. Topics include:

  • Trial Investigation and Preparation--Initial client interview, setting fees, case management, discovery, and motion practice
  • Jury Selection--Substantive law, strategies, and techniques
  • Guilty Pleas--Plea bargaining, the constitutional standards for accepting pleas, Alford pleas, plea agreement procedure
  • Trial Proof--Real evidence, elements of guilt, privileges, objections and the operation of the rules of evidence
  • Witness Examination--Strategies and techniques
  • Argument to the Jury--Techniques and analysis of pertinent laws

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Table of contents

Volume 1


TRIAL INVESTIGATION AND PREPARATION

Ch. 1 Steps in the Criminal Process

Ch. 2 Counsel’s Initial Interview With Client

Ch. 3 Fees and Employment Agreements

Ch. 4 Pretrial Ethical Considerations

Ch. 5 Bail

Ch. 6 Case Management

Ch. 7 Preliminary Hearings

Ch. 8 Investigation of the Case

Ch. 9 Discovery

Ch. 10 Misjoinder and Prejudicial Joinder

Ch. 11 Motions Challenging the Indictment

Ch. 11A Resisting Pretrial Disclosure on the Basis of the Fifth Amendment’s Privilege Against Self-Incrimination

Ch. 11B Asserting Defendant’s Right to a Speedy Trial

Ch. 12 Motions to Suppress Confessions, Statements, Lineups or Other Identification

Ch. 13 Search and Seizure

Ch. 14 Miscellaneous Pretrial Motions

Ch. 15 Preparation for Arraignment

Ch. 16 Trial Preparation Considerations for Certain Offenses

Ch. 17 [Reserved]

Ch. 18 Pretrial Publicity

Ch. 19 Representing the Military Client

Ch. 20 Preparation of an Obscenity Case



Volume 2


GUILTY PLEAS

Ch. 1   Introduction

Ch. 2 The Voluntariness Standard

Ch. 3 The “Knowing and Intelligent’ Requirement

Ch. 4 The Factual Basis Requirement

Ch. 5 The Effect of a Guilty Plea

Ch. 6 Challenging Guilty Pleas

Ch. 7 Enforcing a Plea Bargain

Ch. 8 The Role of the Parties in Entering a Plea

Ch. 9 Defendants Who Refuse to Admit Guilt: Nolo Contendere Pleas and Alford Pleas

Ch. 10 Plea Bargaining and Negotiation Skills

Ch. 11 Plea Bargaining and the Federal Sentencing Guidelines



Volume 2A


JURY SELECTION

Ch. 1 The Law of Jury Selection -- An Overview

Ch. 2 [Reserved]

Ch. 3 Strategic Goals in Jury Selection

Ch. 4 Preparation for Jury Selection

Ch. 4A Discrimination in Jury Selection

Ch. 5 Juror Misconduct

Ch. 6 Voir Dire Concerning the Conduct of the Trial

Ch. 7 Voir Dire Concerning Evidence

Ch. 8 Voir Dire for Specific Crimes and Defenses



Volume 3


TRIAL PROOF

Ch. 1 Overview of the Criminal Trial Process

Ch. 2 Voir Dire: An Overview

Ch. 3 Evidentiary Implications of Opening Statement and Final Argument

Ch. 4 Real and Demonstrative Evidence

Ch. 5 Scientific Evidence: Presentation and Attack

Ch. 6 Evidence and the Witness Examination Process

Ch. 7 Privileges

Ch. 8 Hearsay

Ch. 9 Elements of Guilt: Challenging Prosecution Proof by Motion

Ch. 10 Presumptions and Burden of Proof

Ch. 11 Objections

Ch. 12 Rules of Evidence with Author Commentary



Volume 4


WITNESS EXAMINATION

Ch. 1 Advocacy and Witness Examination

Ch. 2 Principles of Witness Examination

Ch. 2A Pretrial Witness Examination

Ch. 3 The Nature of Direct Examination

Ch. 4 Preparation for Direct Examination

Ch. 5 The Language of Direct Examination

Ch. 6 Presenting the Direct Case -- Foundations for Evidence

Ch. 7 Techniques of Direct Examination

Ch. 8 Direct Examination of Specific Witnesses

Ch. 9 The Nature of Cross-Examination

Ch. 10 The Development of Effective Cross-Examination



Volume 5


WITNESS EXAMINATION

Ch. 10A The Development of Effective Cross-Examination

Ch. 11 Exposing Mistaken Testimony on Cross-Examination

Ch. 12 Exposing Perjurious Testimony on Cross-Examination

Ch. 13 Cross-Examination of Specific Witnesses

Ch. 14 Character Evidence

Ch. 15 Objections During Witness Examination



Volume 6


ARGUMENT TO THE JURY

Ch. 1 Introduction

Ch. 2 The Opening Statement

Ch. 3 Opening for the Prosecution

Ch. 4 Opening for the Defense

Ch. 4A The Law of Closing Argument

Ch. 5 Closing Argument for the Defense

Ch. 6 Eyewitness Identification

Ch. 7 Closing Argument for the Prosecution

Ch. 8 Retaliation and Prosecutorial Misconduct