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FUNDAMENTALS OF CRIMINAL ADVOCACY

NCJ Number
15242
Author(s)
F L BAILEY; H B ROTHBLATT
Date Published
1974
Length
617 pages
Annotation
A DETAILED GUIDE TO CASE PREPARATION AND PRESENTATION FOCUSING ON THE PRACTICAL METHODS USED BY SUCCESSFUL DEFENSE ATTORNEYS.
Abstract
PREPARING AND PRESENTING CRIMINAL DEFENSE CASES CAN BE A DIFFICULT TASK FOR THE INEXPERIENCED LAWYER. BASED UPON THE AUTHORS' TREATISES ON NARCOTIC, WHITE COLLAR, AND CRIMES OF VIOLENCE CASE PREPARATION, THIS VOLUME PROVIDES A DETAILED MAP WHICH WILL TAKE THE CAREFUL READER THROUGH THE HAZARDOUS AND OFTEN POORLY-MARKED ROADS OF THE CRIMINAL TRIAL SYSTEM. ALL PHASES OF THE TRIAL ARE TREATED, FROM THE CLIENT'S INITIAL PHONE CALL THROUGH JUDGMENT AND SENTENCE. THE MECHANISMS AND POLITICS OF PLEA BARGAINING ARE DISCUSSED, AS ARE DRAFTING AND ARGUING PRE-TRIAL MOTIONS. THE DISCOVERY OPPORTUNITIES OFFERED BY EVIDENTIARY HEARINGS ARE ALSO NOTED. THE MAJORITY OF THE BOOK DEALS WITH THE TRIAL ITSELF FROM A PRACTICAL STANDPOINT. WHETHER TO ASK FOR A JURY TRIAL, VOIR DIRE, AND CHALLENGES TO PROSPECTIVE JURORS ARE TREATED IN DETAIL, AS IS THE OPENING STATEMENT TO THE JURY. PRESENTATION OF THE DEFENSE'S CASE, CROSSEXAMINATION, THE SUMMATION, AND THE CHARGE TO THE JURY RECEIVE EQUALLY DETAILED TREATMENT. USEFUL METHODS FOR DEALING WITH A TRIAL JUDGE'S POSSIBLY PREJUDICIAL CONDUCT AND A PROSECUTOR'S INFLAMMATORY OR PREJUDICIAL REMARKS ARE ALSO REVIEWED. CASE, STATUTORY, AND OTHER AUTHORITY IS CITED THROUGHOUT. (SNI ABSTRACT)

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