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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.
"So you want to be a trial lawyer. By reading this manual you have chosen not to fail. By choosing not to fail, you are seeing yourself as a trial lawyer. You have resolved to stand up for those whose light shines dim and whose voice is heard small. It is now time to get your head in the game. The ultimate goal in any trial is to win. You win by telling your client's story in such a way that it compels the jury to see and understand it and believe in it the same way you do. You accomplish that by establishing your credibility with the jury -- by loving your client, telling the truth and being real"--
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.