NCJ Number
81343
Date Published
1982
Length
210 pages
Annotation
This text introduces new prosecuting attorneys to the functions, ethics, and techniques of their positions and advises them in using the particular powers and advantages of their office.
Abstract
In addition, it warns against common pitfalls such as careless trial preparation which could result in case dismissal on technical grounds. The text first discusses the general prosecutorial responsibilities and accountability to the public interest. The text then addresses particular areas of the prosecution process: the charging function, the preparation of evidence for the indictment, the roles of the grand jury, and the preliminary hearing. Next, the text explains types of plea bargains, along with the instances when plea bargaining should be used, the mechanics of the plea, and some do's and don'ts for the bargaining process. The text defines extradition proceedings, emphasizing the great advantage of the prosecutor. A discussion of pretrial motions instructs prosecutors in the groundwork for getting a case to trial and avoiding exclusion of evidence on technical violations of the fourth amendment. The section covers searches and seizures, warrants, stop and frisk, closed containers, speedy trial, and double jeopardy. Two basic issues in litigating admissions and confessions -voluntariness and Miranda rights -- are addressed. The text notes steps in trial preparation, including completion of a pretrial checklist. Finally, the text turns to court techniques and case presentation, covering voir dire, opening statements, arguments and rebuttals, objections, and witness examination (with special attention to expert witnesses). Because prosecution of a drunk driver poses special problems, the text briefly reviews successful techniques, with emphasis on complete knowledge of local statutes and winning courtroom tactics. An index and chapter notes are provided.