The Trial Manual for the Defense of Criminal Cases (11th edition) by Anthony G. Amsterdam and Randy Hertz is a guidebook for criminal defense lawyers at the trial level. It covers the information a defense attorney has to know, and the strategic factors s/he should consider, at each stage of the criminal trial process. It is organized for easy access by practitioners who need ideas and information quickly in order to jump-start their work at any given stage.


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Cover

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Front Matter

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Table of Contents

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Chapter 1 - Introduction and Overview

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Chapter 2 - Outline and Flow-Chart of a Criminal Case

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Chapter 2's Flow-Chart of a Criminal Case § 2.5

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Chapter 3 - The Lawyer's Entrance into the Case – First Steps

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Chapter 4 - Bail

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Chapter 4's Bail Questionnaire § 4.5

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Chapter 5 - State-Paid Assistance for the Defense: Obtaining State Funding for Counsel’s Time and for Defense Services

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Chapter 6 - Interviewing the Client

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Chapter 6's Interview Checklist § 6.15

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Chapter 7 - Case Planning

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Chapter 8 - Dealings with the Police and Prosecutor

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Chapter 9 - Defense Investigation

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Chapter 10 - Summary of Things to Do Before First Court Appearance

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Chapter 11 - Preliminary Hearing

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Chapter 12 - Defensive Procedures Between Bind-over and the Filing of the Charging Paper

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Chapter 13 - Defense Procedures After the Filing of the Charging Paper and Before Arraignment

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Chapter 14 - Arraignment and Defensive Pleas

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Chapter 15 - Guilty Pleas: Preparing for and Conducting Plea Negotiations; Counseling the Client About a Plea Offer

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Chapter 16 - Representing Clients Who Are Mentally Ill or Intellectually Disabled

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Chapter 17 - Defense Procedures and Considerations Between Arraignment and Trial

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Chapter 18 - Pretrial Discovery; The Pretrial Conference

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Chapter 19 - Motions Practice in General

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Chapter 20 - Motions to Quash or Dismiss the Charging Paper

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Chapter 21 - Removing the Case from the Criminal Court’s Docket: Motions for Diversion, ACD, or Stetting; Transfer to Juvenile Court; Deferred Adjudication

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Chapter 22 - Change of Venue or for Disqualification of the Judge

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Chapter 23 - Motions for Severance or for Consolidation of Counts or Defendants

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Chapter 24 - Suppression Hearings

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Chapter 25 - Motions To Suppress Tangible Evidence

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Chapter 26 - Motions To Suppress Confessions, Admissions, and Other Statements of the Defendant

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Chapter 27 - Motions To Suppress Identification Testimony

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Chapter 28 - Defense Motions To Advance or for a Continuance; Motions To Dismiss for Want of Prosecution; Speedy Trial Motions

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Chapter 29 - Defense Trial Preparation

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Chapter 30 - Retaining and Working with Expert Consultants and Potential Expert Witnesses

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Chapter 31 - Interlocutory Review of Pretrial Rulings by Means of Prerogative Writs

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Chapter 32 - Election or Waiver of Jury Trial; Pretrial Matters Relating to the Jury

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Chapter 33 - Selecting the Jury at Trial: The Voir Dire

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Chapter 34 - Trial: General Characteristics

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Chapter 35 - Opening Statements

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Chapter 36 - Evidentiary Issues That Are Likely To Arise at Trial

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Chapter 37 - Handling Prosecution Witnesses

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Chapter 38 - Motion for Acquittal

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Chapter 39 - Presenting the Case for the Defense

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Chapter 40 - Objections to Evidence; Anticipatory Objections; Motions in Limine or to Preclude Prosecutorial Evidence or Practices; Motions to Strike; Motions for Mistrial; Proffers; Rulings on Evidentiary Questions

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Chapter 41 - Renewed Motion for Acquittal

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Chapter 42 - Instructions to the Jury; Defense Requests to Charge

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Chapter 43 - Closing Arguments

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Chapter 44 - The Court's Charge to the Jury

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Chapter 45 - The Jury's Deliberations and Verdict

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Chapter 46 - The Closing Submissions in a Bench Trial; Requesting Findings by the Court in a Bench Trial

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Chapter 47 - Postverdict Proceedings

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Chapter 48 - Sentencing

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Chapter 49 - Post-Sentencing: Motion for Reduction of Sentence; Appeal and Postconviction Proceedings; Probation and Parole Revocation Proceedings

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Table of Cases and Other Authorities

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Index of Subjects