CRIMINAL ADVOCACY INSTITUTE - DEFENDING CRIMES OF VIOLENCE - HOMICIDES, ASSAULTS, AND RAPES - ELEVENTH, ANNUAL

• NCJ Number: 55796
• Author(s): ANON
• Date Published: 1979
• Length: 407 pages
• Grant Number(s): C4-4135
• Corporate Author: Practicing Law Institute
• Sale Source: Practicing Law Institute
• Language: English
• Country: United States of America
• Note: LITIGATION AND ADMINISTRATIVE PRACTICE SERIES - CRIMINAL LAW AND URBAN PROBLEMS - COURSE HANDBOOK SERIES N 109

Annotation

PREPARED FOR DISTRIBUTION OF THE 11 ANNUAL CRIMINAL ADVOCACY INSTITUTE, THIS ANTHOLOGY DEALS WITH VARIOUS MATTERS INVOLVED IN DEFENDING PERSONS ACCUSED OF CRIMES OF VIOLENCE (HOMICIDES, ASSAULTS, AND RAPES).

Abstract

THE FOLLOWING SUBJECTS ARE TREATED IN THE PRESENTATION: (1) ARGUMENTS REGARDING RIGHT TO COUNSEL AND SHACKLING OF THE ACCUSED IN GRAND JURY PROCEEDINGS; (2) HOMICIDES AND OTHER CRIMES OF VIOLENCE AND THE HANDLING OF PROSECUTIONS BASED UPON PASSION VERSUS STREET CRIME; (3) CONFESSIONS, ADMISSIONS, AND THE RECENT CURTAILMENT OF THE FIFTH AMENDMENT PROTECTION; (4) CONDUCTING AN EFFECTIVE VOIR DIRE; (5) THE JURY: CHALLENGING THE ARRAY; (6) MURDER, THE CLOSING ARGUMENT; (7) ESTABLISHING THE INSANITY DEFENSE; (8) SEVERANCE MATERIAL; (9) THE TACTICS OF HANDLING A RAPE CASE; AND (10) DOUBLE JEOPARDY. THE PAPER ON RIGHT TO COUNSEL AND SHACKLING OF THE ACCUSED IN GRAND JURY PROCEEDINGS ARGUES THAT GRAND JURY DELIBERATIONS ARE A CRITICAL STAGE OF THE PROSECUTION AND THAT THE RIGHT TO COUNSEL IS THEREFORE GUARANTEED BY THE 6TH AND 14TH AMENDMENTS. CIRCUMSTANCES UNDER WHICH THE ACCUSED MAY BE SHACKLED BEFORE THE GRAND JURY ARE DISCUSSED. DIFFERENCES IN DEFENSE TACTICS FOR HOMICIDES STEMMING FROM PASSION AND STREET CRIMES ARE DISCUSSED IN ONE PRESENTATION, AND ANOTHER REVIEWS THE MAJOR U.S. SUPREME COURT DECISIONS RENDERED BY THE BURGER COURT IN THE AREA OF FIFTH AMENDMENT RIGHTS. A SUMMARY OF THE GOALS THE DEFENSE ATTORNEY SHOULD KEEP IN MIND WHEN PICKING A JURY TO SIT ON A CRIMINAL CASE, THE PROBLEMS THE ATTORNEY MAY FACE, AND MANY PRACTICAL SUGGESTIONS AND HINTS FOR CONDUCTING AN EFFECTIVE VOIR DIRE ARE ALSO DISCUSSED IN A PRESENTATION. AN ARGUMENT CHALLENGING THE JURY ARRAY IN THE WESTERN DISTRICT OF WISCONSIN IS ALSO INCLUDED, FOLLOWED BY A PAPER ON THE STRUCTURE, METHODS, AND PRINCIPLES OF A DEFENSE CLOSING ARGUMENT IN A MURDER CASE. THE MATERIALS IN THE PAPER ON SEVERANCE ARE EXCERPTED FROM THE APPELLATE BRIEFS IN A CASE CHARGING NUMEROUS DEFENDANTS WITH CONSPIRACY, INTERSTATE RACKETEERING, GAMBLING, EXTORTION, AND OTHER RELATED CRIMES. THE PAPER ON DOUBLE JEOPARDY CONSIDERS THE CASE OF THE STATE OF CONNECTICUT VS. THOMAS FLOWER. THE PROGRAM SCHEDULE AND FACULTY FOR THE INSTITUTE ARE INCLUDED. (RCB)