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This book equips defense attorneys with the legal arguments and tactics they can and should use to challenge the government's evidence at every stage of a criminal case.
Preparation and Trial of a Federal Criminal Case will be valuable not only to the experienced federal criminal practitioner, but will be of greater importance to the lawyer engaged in general practice. This book provides case authority, necessary forms, ways to maximize discovery, and techniques one should make use of in order to position his client so that he can obtain an acquittal. The task of trying a criminal case is extremely complicated. Cases are tried in wonderful settings, but the off putting fact is that prosecutors are given a preference; their word means more than that of defense counsel. One need only read Justice White's opinion (dissenting and concurring) in United States v. Wade, 388 U.S. 218, at 250 (1967) and compare it with Justice Sutherland's opinion in Berger v. United States, 295 U.S. 78, at 88 (1935) to see how judges and even juries according to Justice Sutherland expect that the prosecutor will only proceed against those who are guilty. One who undertakes the trial of a criminal case thus has great responsibility: to know the law in order to protect the record, to know techniques to be effective at trial, and to have the necessary skill to make the best opening, conduct direct and effective cross examination, how to deal with the judge, and to give a winning summation. A combination of your skills as a trial lawyer in general practice and use of the techniques discussed in this book will enable you to expand your practice into the field of trying federal criminal cases.
This book describes the formal rules and informal practices involved in the development and resolution of a criminal case, from the decision to charge to disposition by trial or plea, and sentencing. Analysis of the work of prosecutors and defense attorneys in a hypothetical case helps students to contexualize criminal procedure doctrine by demonstrating the way in which the attorney applies constitutional and statutory law. The Practice of Federal Criminal Law: Prosecution and Defense can be used in conjunction with criminal procedure courses using traditional casebooks as well as in skills training courses and prosecution and defense clinics.
The one essential treatise for representing immigrant and diverse clients, up to date with Padilla v Kentucky, with jurisprudence and practice tips relevant to all stages of representation, from interviewing clients to handling post conviction and relief. This treatise will be of interest to public defender offices as well as private practitioners.Keeping pace with the rapidly changing face of America, Cultural Issues in Criminal Defense -3rd edition is the complete reference guide to one of the most challenging and topical subjects in contemporary criminal law. Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive and systematic way. Extensively updated and expanded for its third edition, the guide now includes chapters on stimulating new subjects such as consular assistance issues, gathering evidence abroad, language proficiency concerns and international prisoner transfers.