Criminal Law Advocacy

This treatise features all the important techniques behind successful criminal law practice, with specific guidelines for using the proper procedures.
Publisher: Matthew Bender
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ISBN: 9781579112394
Publisher: Matthew Bender
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Book Edition: 65

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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

  • Featured Authors

    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