Criminal Pretrial Advocacy

Criminal Pretrial Advocacy PDF Author: Terry Adamson
Publisher:
ISBN: 9781600423307
Category : Criminal procedure
Languages : en
Pages : 362

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Book Description
Criminal Pretrial Advocacy serves as a resource for educators, students, and beginning trial attorneys by focusing on what criminal lawyers primarily do-prepare cases and settle them. In order to assist preparation, the text emphasizes strategy and ethics. For educators, this text would be ideal for pretrial advocacy courses. For students, it can serve as an introduction and careful description of the process of trial preparation and settlement. Unlike casebooks, this text offers a clear and practical description of the logistics of trial preparation and tips for case settlement. For practitioners, it provides a foundation, or a basic guide, for introducing new attorneys to the pre-trial procedures they might otherwise be unfamiliar with. By reading and studying Criminal Pretrial Advocacy, advocates will be better prepared for trial and in a better position to prevail. Throughout, we relate the foundations of criminal pretrial advocacy; we discuss filing charges, developing a persuasive case theory, and bail review strategies. You will learn how successful attorneys interview their clients and witnesses. We explain proper discovery procedure and draw on our courtroom experience to identify the methods needed to effectively litigate preliminary and grand jury hearings. A significant portion of the text is devoted to the mechanics of preparing and presenting motions. Criminal Pretrial Advocacy will also provide strategies for arriving at successful case settlements. When you are finished, you will possess the tools to prepare confidently and successfully for criminal trials. Criminal Pretrial Advocacy will be most effective when used in conjunction with our mock trial companion book, Criminal Mock Trials. The companion book presents a comprehensive set of interesting case files with a variety of pretrial and trial issues for students to explore. Together the companion book and this text present a series of criminal practice cases, hypothetical cases, checklists, and notes on ethical considerations. Both texts present stimulating pretrial advocacy and ethical issues to facilitate provocative discourse. Because an advocate's success in criminal law stems from the meticulous planning that takes place during the pretrial stages, attorneys must prepare thoroughly. Criminal Pretrial Advocacy and Criminal Mock Trials will provide you with the tools needed to achieve this goal. Terry Adamson has taught trial advocacy and pretrial advocacy classes at Pepperdine University School of Law for eighteen years and is one of the trial team coaches for Pepperdine's nationally acclaimed trial advocacy program. She is also a former Los Angeles County Deputy District Attorney, and has prosecuted a wide range of cases. She was the co-prosecutor for the high-profile, thirteen month long jury trial known as the "Chinatown" case, in which one of the multiple murder victims was a police officer. Professor Adamson was a Malibu Superior Court Commissioner for eighteen years, presiding over every aspect of felony and misdemeanor cases. She is currently the Distinguished Jurist in Residence at Pepperdine University School of Law. Professor Adamson is a recipient of the David McKibbin Outstanding Teaching Award. H. Mitchell Caldwell teaches Criminal Law and Criminal Procedure as well as trial advocacy courses and serves as advisor of the law school's highly successful interschool trial teams. Before joining the Pepperdine faculty, he was a trial prosecutor in Santa Barbara and Riverside Counties. Professor Caldwell routinely represents condemned prisoners in the appeals of their death sentences before both the California Supreme Court and the U.S. Supreme Court. He has written extensively in the area of criminal procedure, trial advocacy, and the death penalty and is the co-author of Ladies and Gentlemen of the Jury (1998), And the Walls Came Tumbling Down (2004) and The Devil's Advocates (Fall 2006). This popular series of books celebrates significant jury trials and the lawyers who tried the cases. Ladies and Gentlemen of the Jury was selected by the Los Angeles Times as a best non-fiction selection. Caldwell also co-authored The Art and Science of Trial Advocacy for use at the law school level. Professor Caldwell has received several teaching awards including the Luckman Distinguished Teaching Award and was the recipient of the Richard Jacobson Award as the nation's premier trial advocacy teacher in 2000.

Criminal Pretrial Advocacy

Criminal Pretrial Advocacy PDF Author: Terry Adamson
Publisher:
ISBN: 9781600423307
Category : Criminal procedure
Languages : en
Pages : 362

Get Book Here

Book Description
Criminal Pretrial Advocacy serves as a resource for educators, students, and beginning trial attorneys by focusing on what criminal lawyers primarily do-prepare cases and settle them. In order to assist preparation, the text emphasizes strategy and ethics. For educators, this text would be ideal for pretrial advocacy courses. For students, it can serve as an introduction and careful description of the process of trial preparation and settlement. Unlike casebooks, this text offers a clear and practical description of the logistics of trial preparation and tips for case settlement. For practitioners, it provides a foundation, or a basic guide, for introducing new attorneys to the pre-trial procedures they might otherwise be unfamiliar with. By reading and studying Criminal Pretrial Advocacy, advocates will be better prepared for trial and in a better position to prevail. Throughout, we relate the foundations of criminal pretrial advocacy; we discuss filing charges, developing a persuasive case theory, and bail review strategies. You will learn how successful attorneys interview their clients and witnesses. We explain proper discovery procedure and draw on our courtroom experience to identify the methods needed to effectively litigate preliminary and grand jury hearings. A significant portion of the text is devoted to the mechanics of preparing and presenting motions. Criminal Pretrial Advocacy will also provide strategies for arriving at successful case settlements. When you are finished, you will possess the tools to prepare confidently and successfully for criminal trials. Criminal Pretrial Advocacy will be most effective when used in conjunction with our mock trial companion book, Criminal Mock Trials. The companion book presents a comprehensive set of interesting case files with a variety of pretrial and trial issues for students to explore. Together the companion book and this text present a series of criminal practice cases, hypothetical cases, checklists, and notes on ethical considerations. Both texts present stimulating pretrial advocacy and ethical issues to facilitate provocative discourse. Because an advocate's success in criminal law stems from the meticulous planning that takes place during the pretrial stages, attorneys must prepare thoroughly. Criminal Pretrial Advocacy and Criminal Mock Trials will provide you with the tools needed to achieve this goal. Terry Adamson has taught trial advocacy and pretrial advocacy classes at Pepperdine University School of Law for eighteen years and is one of the trial team coaches for Pepperdine's nationally acclaimed trial advocacy program. She is also a former Los Angeles County Deputy District Attorney, and has prosecuted a wide range of cases. She was the co-prosecutor for the high-profile, thirteen month long jury trial known as the "Chinatown" case, in which one of the multiple murder victims was a police officer. Professor Adamson was a Malibu Superior Court Commissioner for eighteen years, presiding over every aspect of felony and misdemeanor cases. She is currently the Distinguished Jurist in Residence at Pepperdine University School of Law. Professor Adamson is a recipient of the David McKibbin Outstanding Teaching Award. H. Mitchell Caldwell teaches Criminal Law and Criminal Procedure as well as trial advocacy courses and serves as advisor of the law school's highly successful interschool trial teams. Before joining the Pepperdine faculty, he was a trial prosecutor in Santa Barbara and Riverside Counties. Professor Caldwell routinely represents condemned prisoners in the appeals of their death sentences before both the California Supreme Court and the U.S. Supreme Court. He has written extensively in the area of criminal procedure, trial advocacy, and the death penalty and is the co-author of Ladies and Gentlemen of the Jury (1998), And the Walls Came Tumbling Down (2004) and The Devil's Advocates (Fall 2006). This popular series of books celebrates significant jury trials and the lawyers who tried the cases. Ladies and Gentlemen of the Jury was selected by the Los Angeles Times as a best non-fiction selection. Caldwell also co-authored The Art and Science of Trial Advocacy for use at the law school level. Professor Caldwell has received several teaching awards including the Luckman Distinguished Teaching Award and was the recipient of the Richard Jacobson Award as the nation's premier trial advocacy teacher in 2000.

Pretrial Advocacy

Pretrial Advocacy PDF Author: Marilyn J. Berger
Publisher: Aspen Publishing
ISBN: 1543847552
Category : Law
Languages : en
Pages : 816

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Book Description
Pretrial Advocay: Planning, Analysis, and Strategy, Fifth Edition provides an excellent conceptual and practical foundation for pretrial litigation for both teachers and students. Pretrial Advocay covers both criminal and civil pretrial practice, with a focus on federal and state litigation. Professional responsibilty and civility are emphasized through the text. Checklists of skills, techniques, and ethics, which appear in each chapter, as well as 79 assignments, designed for student role-play performances, allow for greater student comprehension. Features New complete password-protected website (aspenadvocacybooks.com) containing: Streaming videos 79 assignments for role-play skills performances, such as drafting pleadings and taking and defending a deposition Drafting demand letters and mediation briefs with a step-by-step explanation of how to draft effective demand letters and mediation bries with examples Pleadings Chapter newly revised and enhanced Up-to-date Rules changes are incorporated

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Ethical Lawyering

Ethical Lawyering PDF Author: Bernard A. Burk
Publisher: Aspen Publishing
ISBN: 1543823270
Category : Law
Languages : en
Pages : 1283

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Book Description
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Many professional responsibility professors struggle to engage students in a required course, one that students wouldn’t otherwise have chosen to take, covering material that simultaneously appears both obvious and intricately technical. Ethical Lawyering: A Guide for the Well-Intentioned addresses those concerns with a fresh look at teaching and learning Professional Responsibility. Instead of containing impenetrable cases typical of most professional responsibility casebooks, which force students and teachers to sort out convoluted facts and incomplete or out-of-date analysis, this book “flips the classroom” by providing detailed explanations of the Model Rules, accompanied by problems for class discussion that require students to explore how the Rules apply in real-world situations—a structure which lends itself easily to both in-person and online courses. The book’s explanations are focused on building statutory interpretation skills, and then bringing these skills to common practice scenarios. Discussion covers all aspects of the law governing lawyers, from professional discipline to civil liability to court sanctions, as well as informal concerns, such as client relations and the business of law practice. Professors and students will benefit from: A “flipped classroom” structure in which the book provides detailed explanations of the Model Rules, interspersed with problems for class discussion, that are both drawn from practice and illustrate some of the challenges in applying the rules in real-world situations. MPRE-style multiple-choice review questions at the end of each chapter (or after substantial portions of a chapter) addressing the material. An informal, irreverent, down to earth, and conversational style, meant to be accessible, crafted to engage students without understating the seriousness of the subject matter, and to encourage them to put themselves into the “hot seats” that the problems describe. A statutory construction approach to the Model Rules, designed to build text-interpretation skills. A comprehensive treatment of the law regulating lawyers, considering all of the practical hazards that lawyers face, and illustrating the connections between the Model Rules as a basis for professional discipline and the law of torts (fiduciary duty and malpractice), contracts (scope of the attorney-client relationship and engagement agreements), agency (authority), and procedure (sanctions), as well as informal concerns such as client relations and reputational issues. A digital edition that includes links to all necessary statutory materials. Teaching materials Include: A detailed Teacher’s Manual, including: Suggested syllabi for two-hour and three-hour courses. Detailed analyses of all of the problems, including pedagogical suggestions, to stimulate class discussion. Explanatory answers to the MPRE-style multiple-choice review questions. Suggested PowerPoints for class use. Two online-only chapters (The Government Lawyer; Judicial Ethics).

United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description


North Carolina Defender Manual

North Carolina Defender Manual PDF Author: John Rubin
Publisher:
ISBN: 9781642380088
Category :
Languages : en
Pages : 536

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Book Description
Volume Two of the North Carolina Defender Manual is a resource for public defenders and appointed counsel who represent poor people accused of crimes. The book focuses primarily on criminal procedure at the trial stage. Chapters cover a variety of topics, such as personal rights of the defendant, selection of the jury, opening and closing arguments, witness examination, and appeals, post-conviction litigation, and writs.

Trial Manual 6 for the Defense of Criminal Cases - 2019 Supplement

Trial Manual 6 for the Defense of Criminal Cases - 2019 Supplement PDF Author: Anthony G. Amsterdam
Publisher:
ISBN: 9780831800161
Category :
Languages : en
Pages :

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Book Description


Trial Advocacy in a Nutshell

Trial Advocacy in a Nutshell PDF Author: Paul Bergman
Publisher:
ISBN:
Category : Trial practice
Languages : en
Pages : 0

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Book Description
"Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the “art of advocacy” into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into “argument-centered narratives” that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called “atomic spies,” 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children’s stories such as Humpty Dumpty and Jack & Jill." -- Publisher.

Criminal Pretrial Advocacy

Criminal Pretrial Advocacy PDF Author: PETER J. HENNING
Publisher: West Academic Publishing
ISBN: 9781642425895
Category :
Languages : en
Pages : 242

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Book Description
Criminal Pretrial Advocacy fills a critical gap in the skills training for law students by providing a complete course addressing the pretrial phase of a federal criminal prosecution along with plea negotiation and sentencing. It contains materials to follow cases through all the important steps in a criminal prosecution from the decision to file charges to challenges to the investigative tactics and evidence to plea bargaining. The casebook describes the pretrial process in a federal criminal case by incorporating both a discussion of the rules and procedures in each phase as well as the basic constitutional doctrines related to criminal prosecutions that can arise. This book gives students the substantive foundation to proceed through a Criminal Pretrial Advocacy course by providing a foundation for understanding how each phase of the process unfolds. The casebook, in conjunction with case files, is designed to help students improve their advocacy skills by giving them the opportunity to engage in both writing exercises and court appearances.

Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

Doctrine, Practice, and Advocacy in the Inter-American Human Rights System PDF Author: James L. Cavallaro
Publisher: Oxford University Press
ISBN: 0190900873
Category : Law
Languages : en
Pages : 969

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Book Description
Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission's ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada. This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.