Criminal Pretrial Advocacy

Criminal Pretrial Advocacy PDF

Author: Terry Adamson

Publisher:

Published: 2013

Total Pages: 362

ISBN-13: 9781600423307

DOWNLOAD EBOOK →

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: PETER J. HENNING

Publisher: West Academic Publishing

Published: 2019-03-28

Total Pages: 242

ISBN-13: 9781642425895

DOWNLOAD EBOOK →

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.

Pretrial Advocacy

Pretrial Advocacy PDF

Author: Marilyn J. Berger

Publisher: Aspen Publishing

Published: 2022-09-15

Total Pages: 822

ISBN-13: 1543846793

DOWNLOAD EBOOK →

Pretrial Advocacy, Sixth Edition is a toolbox overflowing with the tools students need to become successful pretrial advocates. Pretrial Advocacy: Planning, Analysis, and Strategy, 6th Ed. has it all: insightful text, best-practice instruction, realistic examples, experiential assignments, and an online toolbox fully equipped with all the resources and materials of pretrial advocacy that readers or instructors could possibly need. The updated Sixth Edition integrates changes resulting from the impact on legal practice of the COVID pandemic, as well as recent developments in law and technology. This distinguished author team continues to emphasize that civility, ethics, and cultural competency are key to professional effectiveness at every stage of pretrial advocacy. New to the Sixth Edition: Changes in pretrial practice in response to COVID-19, including, among others: taking and defending depositions, engaging in mediation, and arguing motions remotely Updated coverage of electronically stored information (ESI) and e-discovery practice Advancements in persuasive litigation visuals and modern technology New material on witness preparation A comprehensive system of organization for pretrial and trial Professors and students will benefit from: The best-practice approach of a distinguished author team with deep roots in teaching and trial practice A wellspring of pedagogy that includes 79 performance learning assignments; criminal and civil case files; video of depositions and ADR proceedings; and numerous sample motions, briefs, and pleadings Checklists in each chapter that highlight key concepts, procedural steps, and ethical considerations Coverage of both civil and criminal cases in examples in the text and in the online case files (one civil wrongful death casefile and one criminal homicide case file) The authors’ emphasis on the importance of cultural competency and diversity sensitivity, as discussed in Chapter One and reflected in examples throughout the text

Trial Advocacy in Action

Trial Advocacy in Action PDF

Author: Brent E. Newton

Publisher: Aspen Publishing

Published: 2015-05-17

Total Pages: 368

ISBN-13: 1601565062

DOWNLOAD EBOOK →

Defendant Reginald McKay, a mentally disturbed American who became a "home-grown" Islamic terrorist, poisoned members of a Jewish temple during Passover seder. After one of the poisoned congregants died, the Feds got a lucky break thanks to an eyewitness and modern computer forensics and quickly built a death penalty case against McKay. Newton's case file, United States v. McKay, is built around the tragic story of McKay and his victims and includes twenty advocacy exercises from all major stages of a criminal case. Each of these twenty exercises will introduce a wrinkle-involving a constitutional challenge to procedures or evidence-that students then analyze through the lens of the Supreme Court's decisions in landmark criminal procedure cases such as Batson v. Kentucky, Jackson v. Virginia, and United States v. Cronic, among others. Taken as a whole, these exercises track the maneuverings of a complex criminal defense and prosecution, starting with pretrial motions; continuing through jury selection, trial, and sentencing; and concluding with postconviction motions. An instructor using Trial Advocacy in Action may, as desired, direct students either to prepare short written pleadings or to practice oral advocacy in support of their legal arguments. This fusion of factually compelling scenarios and intellectually challenging legal doctrines creates a robust learning experience that seeks to hone students' skills regarding both legal analysis and legal advocacy concerning constitutional issues that arise throughout the entire course of a criminal case. Trial Advocacy in Action is ideal for use in upper-level criminal procedure classes, law school mock trial competitions, and continuing legal education (CLE) seminars for new criminal practitioners.

Criminal Pretrial Advocacy - First Edition 2013

Criminal Pretrial Advocacy - First Edition 2013 PDF

Author: Terry Adamson

Publisher: Vandeplas Pub.

Published: 2013

Total Pages: 0

ISBN-13: 9781600421884

DOWNLOAD EBOOK →

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.

Pretrial Advocacy

Pretrial Advocacy PDF

Author: NITA

Publisher: Aspen Publishing

Published: 2022-04-19

Total Pages: 384

ISBN-13: 1601567707

DOWNLOAD EBOOK →

Ninety percent of all civil cases never make it the jury; they are resolved through a pretrial process that is today the unsung forum for dispute resolution. Rather than teaching lawyers to abandon evidence and trial skills, Pretrial Advocacy does the opposite; it teaches lawyers that modern litigation is “front loaded” and cases must be prepared with the assumption that they will be tried. As the authors note, it is the rigor of the pretrial process that drives resolution. From the first client interview through motions practice, you will learn to effectively evaluate cases, draft complaints, conduct informal and formal discovery, prepare and respond to motions, negotiate with opposing counsel, and, if necessary, be ready for trial. Pretrial Advocacy is the ideal textbook for law school clinics, law school pretrial litigation courses, and practicing lawyers. Both practical and theoretical, it teaches litigation as a process informed by rules and cases, but also by strategic considerations. Its hands-on and accessible text makes it a perfect reference for learning skills and a continuing reference. Professors and students will benefit from: Practical guidance for each step of representation, backed up by citations and references for deeper understanding of each topic An accessible writing style that puts the needed information right at the reader’s fingertips Tips to foster the attorney’s relationships with clients, opposing counsel, and the court

For the Prosecution

For the Prosecution PDF

Author: C.J. Williams

Publisher: Rowman & Littlefield

Published: 2020-03-16

Total Pages: 385

ISBN-13: 1538138484

DOWNLOAD EBOOK →

The vast majority of prosecution work occurs outside of courtrooms and less than 10% of all criminal cases go to trial. Courtroom performance, then, is of little import if prosecutors have not carefully investigated and prepared cases for prosecution. Courtroom performance is at its best, on the other hand, when prosecutors have thoroughly supervised the investigation and prepared the case for trial. In the end, the raw material prosecutors have to work with in courtrooms—the evidence—is a product of all of the work prosecutors perform outside the courtroom. For the Prosecution: How to Prosecute Criminal Cases seeks to provide prosecutors and those who wish to become prosecutors, including law students, guidance on how to prosecute criminal cases from investigation to appeal. This book provides guidance on how to successfully investigate and prosecute criminal cases. Thus, this book focuses on strategies and tactics involved in prosecution, and the soft skills for managing cases and people. This book examines how to think about criminal cases, guide investigations, and break down and organize complex cases in a persuasive manner. The book also examines ways to organize and prioritize caseloads, strategies for taking down criminal organizations, and tactics for turning criminals into cooperators. The book describes how to handle motions practice, prepare a case for trial, and successfully litigate sentencing hearings and appeals. This is not just another trial advocacy book. It is all of the work prosecutors perform outside the courtroom that makes it possible for them to resolve more than 90% of their cases through guilty pleas, and to prevail on the relatively few cases that go to trial. This book focuses on all the laws, duties, strategies and tactics prosecutors execute investigating and prosecuting criminal cases for those who wish to become prosecutors or further their career. Throughout C.J. Williams explores the strategies and tactics involved in prosecuting criminal cases, as well as examines the skills a successful prosecutor needs to develop in order to work with all those involved in the criminal justice system. He even brings his own experiences and lessons learned about prosecuting criminal cases into For the Prosecution, giving the reader more than the typical trial advocacy book.

Pretrial Advocacy

Pretrial Advocacy PDF

Author: Marilyn J. Berger

Publisher: Aspen Publishing

Published: 2016-09-20

Total Pages: 713

ISBN-13: 1454881070

DOWNLOAD EBOOK →

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