NCJ Number
78190
Date Published
1980
Length
274 pages
Annotation
This collection of 28 papers was prepared by lecturers for the National College of District Attorneys to tell prosecutors how to prepare and conduct court cases from jury selection to the closing argument.
Abstract
The importance of thorough preparation for trial is emphasized. For example, one paper advises prosecutors to prepare a case workbook which includes a chronological diary of everything pertaining to the case. Such actions as examination of police reports and rehearsal of examination and cross-examination of witnesses are also recommended. Suggestions are made on how to conduct voir dire to effect selection of jurors most likely to return a verdict of guilty. For example, factors to consider in jury selection should include relationships among the prospective jurors and the jurors' reactions to the defendant and the case. The purposes of the opening statement, its content, and the manner in which it should be delivered are discussed. The opening statement should acquaint the jury with the outline of the case as well as with trial procedures. Overstatement of the case in the opening statement may destroy the prosecutor's credibility. While delivering the statement, as well as throughout the trial, the prosecutor should maintain eye contact with the jurors. Recommendations are also given concerning direct examination. For example, questions for witnesses should be prepared in advance. Compound questions should be avoided. Witnesses should appear in the order which will highlight the various points that the prosecutor wants to make. Suggestions are made concerning handling police officers as witnesses and handling expert and hostile witnesses. Ways to meet such defenses as entrapment, self-defense, insanity, consent in rape cases, alibi, and duress are discussed. For example, to counter a self-defense argument, proof that the defendant has used excessive and unnecessary force is needed. The inexactness of psychiatry and psychology should be addressed to refute the insanity defense. Cross-examination of defense witnesses and the closing argument are also discussed. Relevant case law is examined and notes containing references are included. Authors' resumes are appended.