NCJ Number
46427
Editor(s)
B J GEORGE
Date Published
1978
Length
209 pages
Annotation
THIS TRANSCRIPT OF AN AMERICAN BAR ASSOCIATION (ABA) NATIONAL INSTITUTE HELD IN 1975 FOCUSES ON AN INDEPTH CONSIDERATION OF PHASES OF EVERY CRIMINAL CASE THAT POSE DIFFICULTIES BOTH FOR PROSECUTION AND DEFENSE.
Abstract
PRESENTATIONS OF EACH OF THE SPEAKERS, WHO INCLUDED SOME OF THE NATION'S FOREMOST EXPERTS ON THE PRACTICE OF PRESENTATIONS EMPHASIZE EFFECTIVE INVESTIGATION AND PREPARATION OF THE CASE USING A PREPARED STRATEGY; PROBLEMS OF CONDUCTING THE CASE, INCLUDING JUROR VOIR DIRE, EXAMINATION OF WITNESSES, PROTECTION AGAINST LATER CLAIMS OF COUNSEL INCOMPETENCE, INSTRUCTIONS, AND SUMMATIONS; PREPARATION OF CASES FOR SENTENCING AND CONDUCT OF SENTENCING PROCEEDINGS; POSTRIAL REMEDIES, INCLUDING SENTENCE REVIEW (DIRECT AND INDIRECT), POSTRIAL MOTION STRATEGY, EXHAUSTION OF STATE REMEDIES, AND FEDERAL HABEAS CORPUS PROBLEMS; DRUG (CONTROLLED SUBSTANCES) CASES; SPECIAL PROBLEMS INVOLVED IN TRYING CONSPIRACY CASES; AND INCOME TAX FRAUD CASES. A BRIEF PROFILE OF EACH OF THE SPEAKERS CONTRIBUTING TO THE VOLUME IS PROVIDED. PRESENTATIONS ARE ARRANGED BY TOPIC, WITH EACH SPEAKER IDENTIFIED AT THE BEGINNING OF HIS OR HER PORTION. COMMENTS MADE DURING PANEL DISCUSSIONS ARE PRESENTED AT THE END OF EACH TOPIC SECTION. A PRESENTATION DEALING WITH INCOME TAX FRAUD USES THE FORMAT OFA MOCK TRIAL, INCLUDING PROSECUTION AND DEFENSE OPENING STATEMENTS AND EXAMINATION OF WITNESSES, FOLLOWED BY A PANEL DISCUSSION OF THE CASE. APPENDIXES PROVIDE: (1) AN OUTLINE OF PRETRIAL MOTIONS IN SUCH AREAS AS INSPECTION OF GRAND JURY MINUTES, SUBPOENAS DIRECTED TOWARD ACCOUNTANTS AND ATTORNEYS, DISCOVERY, JURY SELECTION, AND SUPPRESSION OF EVIDENCE; (2) A REPRINT OF A MAGAZINE ARTICLE DEALING WITH THE RIGHT TO WITHHOLD BUSINESS RECORDS; (3) COMMENTS CONCERNING CYCLES OF PUBLIC OPINION ON PRISON REFORM; (4) INFORMATION REGARDING THE PROPER FORMAT AND CONTENT OF PRESENTENCE REPORTS; (5) AN OUTLINE OF SPECIAL PROBLEMS INVOLVED IN TRYING DRUG CASES; AND (6) A DISCUSSION CONCERNING THE EXPERT WITNESS IN NARCOTICS CASES. TOPICAL AND CASE INDEXES ARE PROVIDED. (VDA)