NCJ Number
55893
Date Published
1978
Length
1024 pages
Annotation
CASE NOTES SUMMARIZE 1976-1977 U.S. SUPREME COURT RULINGS AFFECTING THE CRIMINAL JUSTICE PROCESS WHILE ARTICLES DISCUSS JURY SELECTION, DEMONSTRATIVE EVIDENCE, THE USE OF HYPNOTICALLY INDUCED EVIDENCE, AND TRIAL PROCEDURES.
Abstract
THIS TWO-VOLUME HANDBOOK STARTS WITH A SUMMARY OF 58 SUPREME COURT CASES COVERING SEARCH AND SEIZURE, EVIDENCE OBTAINED WITH AND WITHOUT A SEARCH WARRANT, DUE PROCESS, PRIVILEGE AGAINST COMPULSORY SELF-INCRIMINATION, DOUBLE JEOPARDY, THE RIGHT TO A SPEEDY TRIAL, THE RIGHT TO COUNSEL, CONFLICTS OF INTEREST RELEVANT TO DEFENSE COUNSEL, AND PRETRIAL MOTIONS. IN TWO CASES THE COURT SET ASIDE PROVISIONS OF OHIO'S CAPITAL PUNISHMENT LAW. TWO OTHER CASES RULED ON THE USE OF A WRIT OF HABEAS CORPUS AD PROSEQUENDUM BY THE UNITED STATES TO OBTAIN A STATE PRISONER. OTHER DECISIONS CONCERN ARREST, DETENTION, PROBABLE CAUSE FOR ISSUANCE OF A SEARCH WARRANT, AND THE EXCLUSIONARY RULE. A SERIES OF SAMPLE DOCUMENTS ILLUSTRATE NEW PRETRIAL STRATEGIES WHICH ARE NOW POSSIBLE UNDER CALIFORNIA LAW. THE SAMPLE MOTIONS ARE FROM A CHILD ABUSE CASE WHICH RESULTED IN HOMICIDE AND PSYCHIATRIC EXAMINATION FOR THE MOTHER. BOTH PROSECUTION AND DEFENSE TACTICS ARE ILLUSTRATED. SPECIAL ARTICLES DISCUSS JURY SELECTION PROBLEMS (ESPECIALLY IN DEATH PENALTY CASES), SPECIFIC TRIAL TACTICS (OPENING STATEMENTS, CHARGES TO THE JURY, CHALLENGES, ETC.), QUESTIONS WHICH SHOULD BE ASKED PROSPECTIVE JURORS IN DIMINISHED CAPACITY AND EYEWITNESS IDENTIFICATION CASES, THE USE OF EXPERT TESTIMONY AND DEMONSTRATIVE EVIDENCE, HYPNOTISM IN CRIMINAL CASES, AND THE REPRESENTATION OF WOMEN WHO DEFEND THEMSELVES IN RESPONSE TO ASSAULT. A FINAL SECTION COVERS VARIOUS CIRCUMSTANCES UNDER WHICH PUBLIC DEFENDERS MAY BE DISQUALIFIED. (GLR)