Trial Manual 5 for the Defense of Criminal Cases
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Description
The Trial manual 5 for the Defense of Criminal Cases is a guidebook for criminal defense attorneys. It covers every stage of criminal procedure from investigation through final judgment in the trial court. Its focus is practical. At every stage it describes the ordinary course of proceeding, identifies the actions that defense counsel can take and the decisions that defense cousin must make, itemizes and connects available strategies, and discusses the considerations bearing upon strategic choices. The discussion begins with fundamentals so as to be accessible to lawyers with no criminal experience. It is also serviceable as a procedural primer for law students. But the inventories of options and factors to be considered at each decision point are sufficiently thorough to also serve as a planning checklist for experienced practitioners. Legal analysis similarly proceeds at two levels. Basic doctrinal principles are summarized as background; then the arguments and authorities supporting defense positions on important issues are set out. Volume One opens with a general sketch of criminal procedure and an outline of the first things to think about and do in the three most common situations in which defense counsel enters a criminal case. It then proceeds chronologically to cover all proceedings through arraignment, including bail and other forms of pretrial release, the initial client interview, dealing with police and prosecutors, defense investigation, preliminary hearing, grand jury practice, challenges to indictments and informations, pleas, and plea bargaining. Volume Two examines postarraignment, pretrial proceedings. Because of the importance of federal constitutional law in pretrial motions practice, this volume contains substantial doctrinal analysis presented in a form that permits it to be easily converted into defense briefing. The volume covers motions practice generally, motions to suppress illegally obtained evidence, motions for a change of venue, motions for disqualification of judge, motions for severance and consolidation, motions for discovery (together with other discovery devices and pretrial conference techniques and a chapter on defense trial preparation), motions for state-paid assistance to the defense, motions to postpone or to speed up the proceedings and for dismissal on account of denial of a speedy trial, and interlocutory review of adverse pretrial orders. Volume Three deals with the decision to elect or waive jury trial, with jury selection procedures and challenges before and at trial, and with the trial itself. It discusses rules of evidence that have particular importance in criminal trials, evidentiary foundations and objections, and tactics for handling prosecution and defense witnesses. It deals with trial motions, opening and closing arguments, requests for jury instructions and objections to them, and jury deliberation. It covers posttrial motions and sentencing, and concludes with a short summary of appellate and postconviction procedures and a précis of the first steps to be taken in connection with them.
Publication Date
1988
Edition
5
Recommended Citation
Amsterdam, Anthony G., "Trial Manual 5 for the Defense of Criminal Cases" (1988). Faculty Books & Edited Works. 26.
https://gretchen.law.nyu.edu/fac-books-edited-works/26
