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The Fundamentals of Texas Trial Practice is comprehensive in that it covers trial preparation, making and responding to objections, jury selection, making an opening statement, conducting direct and cross-examination, impeaching and rehabilitating witnesses, offering and opposing exhibits, direct and cross-examination of expert witnesses, the court’s charge to the jury, and closing arguments. As is true of a good trial lawyer, Fundamentals of Texas Trial Practice is brief and simple. Its coverage of the subjects of trial practice is succinct, direct and clear, and focuses on the fundamentals that are essential to being an effective trial lawyer. Each chapter contains cross-references to other chapters to enable the reader to perceive the progression of a trial and integrate its various parts into a coherent whole. At the end of each chapter is an extensive bibliography to relevant parts of leading treatises on trial advocacy. In sum, the Fundamentals of Texas Trial Practice is a valuable resource for both the novice and the seasoned veteran trial lawyer alike.
Fundamentals of Texas Trial Practice is a trial advocacy book designed for Texas practitioners. It discusses the fundamental techniques and methodologies of effectively preparing and presenting a case in accordance with the Texas Rules of Evidence and Texas civil and criminal procedure. While Fundamentals of Texas Trial Practice is intended principally to serve as a tool for beginning practitioners, experienced trial lawyers are likely to find many key insights and suggestions that will increase their effectiveness as a result of Judge Barton’s multifaceted perspective as Judge, Prosecutor, Professor and Trial Lawyer. The Fundamentals of Texas Trial Practice is comprehensive in that it covers trial preparation, making and responding to objections, jury selection, making an opening statement, conducting direct and cross-examination, impeaching and rehabilitating witnesses, offering and opposing exhibits, direct and cross-examination of expert witnesses, the court’s charge to the jury, and closing arguments. As is true of a good trial lawyer, Fundamentals of Texas Trial Practice is brief and simple. Its coverage of the subjects of trial practice is succinct, direct and clear, and focuses on the fundamentals that are essential to being an effective trial lawyer. Each chapter contains cross-references to other chapters to enable the reader to perceive the progression of a trial and integrate its various parts into a coherent whole. At the end of each chapter is an extensive bibliography to relevant parts of leading treatises on trial advocacy. In sum, the Fundamentals of Texas Trial Practice is a valuable resource for both the novice and the seasoned veteran trail lawyer alike.
An absorbing account of the ways in which defense attorneys represent capital defendants, Litigating in the Shadow of Death brings to light the paramount role these attorneys have played in shaping the modern system of capital punishment. Author Welsh White explains how attorneys' skills and abilities influence the determination of which capital defendants are sentenced to death.
The magnitude of the Burger Court has been underestimated by historians. When Richard Nixon ran for president in 1968, "Impeach Earl Warren" billboards dotted the landscape, especially in the South. Nixon promised to transform the Supreme Court--and with four appointments, including a new chief justice, he did. This book tells the story of the Supreme Court that came in between the liberal Warren Court and the conservative Rehnquist and Roberts Courts: the seventeen years, 1969 to 1986, under Chief Justice Warren Burger. It is a period largely written off as a transitional era at the Supreme Court when, according to the common verdict, "nothing happened." How wrong that judgment is. The Burger Court had vitally important choices to make: whether to push school desegregation across district lines; how to respond to the sexual revolution and its new demands for women's equality; whether to validate affirmative action on campuses and in the workplace; whether to shift the balance of criminal law back toward the police and prosecutors; what the First Amendment says about limits on money in politics. The Burger Court forced a president out of office while at the same time enhancing presidential power. It created a legacy that in many ways continues to shape how we live today. Written with a keen sense of history and expert use of the justices' personal papers, this book sheds new light on an important era in American political and legal history.--Adapted from dust jacket.
More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.