NCJ Number
12288
Date Published
1971
Length
626 pages
Annotation
MANUAL FOR USE OF DEFENSE ATTORNEYS, EMPHASIZING STRATEGY AND TACTICS FROM THE ENTRY OF COUNSEL INTO THE CASE THROUGH SENTENCING AND POST CONVICTION PROCEDURES.
Abstract
TOO FREQUENTLY, DEFENSE OF AN ACCUSED BY AN ATTORNEY INEXPERIENCED IN THE STRATEGIES AND TECHNIQUES OF CRIMINAL TRIALS, HAS RESULTED IN INADEQUATE REPRESENTATION OR EVEN CONVICTION WHERE INNOCENCE COULD HAVE BEEN ESTABLISHED BY A MORE SKILLFUL TACTICIAN. ATTORNEYS BAILEY AND ROTHBLATT HAVE COMPILED THIS VOLUME TO MEET THE NEEDS OF THE BEGINNER IN CRIMINAL LAW OR THE EXPERIENCED CIVIL TRIAL LAWYER WHO IS ASSIGNED TO DEFEND A CRIMINAL CASE. THE AUTHORS LEAD THEIR READERS FROM THE ATTORNEY'S EARLIEST CONTACTS WITH THE CASE - ARREST, CONFINEMENT, AND PRELIMINARY HEARINGS, THROUGH ARRAIGNMENT AND PLEA NEGOTIATIONS. THEY EXAMINE THE TRIAL PROCESS, EMPHASIZING STRATEGY AND TACTICS, AS WELL AS PRESENTING THE BASIC MECHANICS OF DEFENSE COUNSEL'S ROLE. JURY SELECTION, THE OPENING STATEMENT, PRESENTATION OF EVIDENCE, CROSS EXAMINATION, OBJECTIONS AND MOTIONS, THE THEORY OF THE DEFENSE, AND SUMMATION ARGUMENTS ARE ANALYZED IN DETAIL. SEPARATE CHAPTERS ARE DEVOTED TO PROSECUTORIAL AND JUDICIAL MISCONDUCT, JURY INSTRUCTIONS, AND SENTENCING. THE TEXT PRESENTS A SUMMARY OF MILITARY LAW AND JUSTICE FOR THE ATTORNEY WHO IS CALLED UPON TO PRACTICE IN MILITARY COURTS. NOTED ARE ASPECTS OF MILITARY CRIMINAL PROCEDURE THAT DIFFER FROM CUSTOMARY CIVILIAN PROCEDURE. LEGAL RESEARCH IN A MILITARY SETTING, THE COURT MARTIAL PROCESS, COMMAND PUNISHMENT, AND MILITARY APPELLATE REVIEW ARE PRESENTED. THIS 1971 EDITION CONTAINS A 1973 SUPPLEMENT WHICH ADDS NEW MATERIAL TO THE ORIGINAL WORK. (SNI ABSTRACT)