Criminal law deskbook

Criminal law deskbook contents: Ch. 1 - The adversary system. §1.01: Nature of adversary system. §1.02: Ideology of criminal trial. §1.03: Professional responsibility of prosecutor. §1.04: Professional responsibility of defense attorney. §1.05: Limitations on advocacy. Ch. 2 - Arraignment and bail. §2.01: The role of arraignment. §2.02: Timing of arraignment. §2.03: Preparation for arraignment. §2.04: The rights of the defendant at the arraignment. §2.05: Defendant's bail. Ch. 3 - Substantive crimes and their elements. §3.01: Elements and burden of proof. §3.02: Offenses against the person. §3.03: Offenses against property. §3.04: Offenses against public administration and order. §3.05: Overview of federal criminal offenses. Ch. 4 - Preliminary examination. §4.01: Function of preliminary examination. §4.02: Right to preliminary examination. §4.03: Standard of proof at preliminary examination. §4.04: Defendant's goals at preliminary examination. §4.05: Timing of preliminary examination. §4.06: Adjournments. §4.07: Waiver of preliminary examination. §4.08: Right to counsel. §4.09: Procedure at preliminary examination. Ch. 4A - Grand jury. §4A.01: The power of the grand jury. §4A.02: Selection and qualification of grand jurors. §4A.03: Grand jury procedure. §4A.04: Testimony in the grand jury. §4A.05: Grand jury secrecy. Ch. 5 - Discovery. §5.01: Discovery helps guarantee a fair trial. §5.02: Disclosure of evidence by the government - federal courts. §5.03: Discovery is state courts. §5.04: Disclosure of evidence by defendant (reciprocal discovery). §5.05: The discovery motion. §5.06: Continuing duty to disclose. §5.07: Notice of defenses. §5.08: Alternate methods of discovery. Ch. 6 - Pretrial practice. §6.01: Pretrial motions may be used to streamline or control litigation. §6.02: Form and timing of motion. §6.03: Specific pretrial motions. Ch. 7 - Search and seizure. §7.01: Fourth amendment and exclusionary rule. §7.02: Applicability of the fourth amendment. §7.03: Protected interests: searches and seizures defined. §7.04: Probable cause and the warrant requirement. §7.05: The search warrant. §7.06: Exceptions to the warrant requirement. §7.07: Specific investigative methods. §7.08: Motion to suppress evidence. §7.09: Search and seizure and counterterrorism. §7.10: Federal habeas corpus review. Ch. 8 - Suppression of statements. §8.01: Pretrial suppression hearing. §8.02: Burden of proof. §8.03: Methods of attach. §8.04: Fourth amendment attack. §8.05: Fifth amendment attack. §8.06: Sixthe amendment attack. §8.07: Tactics and strategy at hearning. Ch. 9 - Suppression of identification evidence. §9.01: Identification procedures subject to constitutional review. §9.02: Burden of proof. §9.03: Effect of improper suggestion. §9.04: Types of police identification procedures. §9.05: Types of relief available. §9.06: Appendix. Ch. 10 - Motions limiting cross-examination. §10.01: Cross-examination by use of prior criminal conduct. §10.02: Motion practice. §10.03: Defense arguments. §10.04: Prosecution arguments. §10.05: Compromise decisions. §10.06: Limiting cross-examination of other witnesses. Ch. 11 - Plea bargaining and the guilty plea. §11.01: Nature and theory of plea bargain. §11.02: Goals of plea negotiation. §11.03: Types of plea agreements. §11.04: Prosecution's decision to plea bargain. §11.05: Defendant's decision to plead guilty. §11.06: Advising defendant. §11.07: Preparation for plea bargaining. §11.08: Negotiation techniques and tactics. §11.09: Defense arguments in plea bargaining. §11.10: Plea-taking process. §11.11: Alford plea. §11.12: Example of plea-taking process. §11.13: Withdrawal of guilty plea. Ch. 12 - Preparation for trial. §12.01: Importance of pretrial preparation. §12.02: Laying foundation for trial preparation. §12.03: Investigation of case. §12.04: Interviewing defendant. §12.05: Interviewing witnesses. §12.06: Decision to present proof. §12.07: Appendix. Ch. 13 - Reserved. Ch. 14 - Jury selection. §14.01: Purpose and importance of jury selection. §14.02: Law of jury selection. §14.03: Goals of jury selection. §14.04: Mechanics of jury selection. §14.04a: Jury selection in capital cases. §14.05: Strategic techniques in jury selection. §14.06: Model jury selection questions - general application. §14.07: Model jury selection questions - specific issues. Ch. 15 - The opening statement. §15.01: Purpose and timing of opening statement. §15.02: Significance of opening statement. §15.03: Goals of opening statement. §15.04: Preparation for opening statement. §15.05: Delivery of opening statement. §15.06: Parts of opening statement. §15.07: Prosecution opening statement. §15.08: Defense opening statement. §15.09: Limitations on opening statements. §15.10: Checklist - avoiding pitfalls in opening statement. Ch. 16 - Direct examination. §16.01: Goals of direct examination. §16.02: Method of direct examination. §16.03: Rules relating to direct examination. §16.04: Language of direct examination. §16.05: Conducting direct examination. §16.06: Techniques of direct examination. §16.07: Basic requirements governing the admissibility of evidence. §16.08: Rules relating to introduction of evidence. §16.09: Types of evidence. §16.10: Foundation for oral conversations. §16.11: Foundation for real evidence. §16.12: Foundation for demonstrative evidence. §16.13: Documentary evidence. §16.14: Refreshing a witness' recollection. §16.15: Past recollections recorded. §16.16: Direct examination of prosecution eyewitness. §16.17: Direct examination of alibi witness. §16.18: Direct examination of defendant. §16.19: Direct examination of opinion witnesses. §16.20: Using redirect examination. §16.21: Model direct examinations. Ch. 17 - Cross - examination. §17.01: Introduction. §17.02: Basis and scope of cross-examination. §17.03: Planning the cross-examination and making the decision to cross-examine. §17.04: Controlling witness on cross-examination. §17.05: Techniques of cross-examination. §17.06: Attacking articulation. §17.07: Exposing perjurious testimony. §17.08: Attacking internal defects in the witness. §17.09: Attacking external defects in the witness. §17.10: Attacking internal defects in the testimony. §17.11. Attacking external defects in the testimony. §17.12: Cross-examination of prosecution witnesses. §17.13: Cross-examination of principal defense witnesses. §17.14: The order of cross-examination. §17.15: Cross-examination of expert witnesses. 17.16: Avoiding the dangers of cross-examination. Ch. 18 - Presenting and objecting to evidence. §18.01: Goals of objecting party. §18.02: Presenting evidence. §18.03: Responding to objection. §18.04: Objections to evidence. §18.05: Making objection. §18.06: Legal remedies to be coupled with objection. §18.07: Types of objections. §18.08: Responding to adverse rulings. §18.09: Responding to favorable rulings. Ch. 19 - Summation. §19.01: Goals of summation. §19.02: Preparation for summation. §19.03: Delivery of summation. §19.04: Techniques of summation. §19.05: Dealing with key issues on summation. §19.06: Objections to summation. §19.07: Missing witness charge. Ch. 20 - Defenses and other grounds for dismissal. §20.01: Burden of proof. §20.02: Pretrial defenses. §20.03: Trial defenses. Ch. 21 - Sentencing. Includes table of contents, forms and subject index. §21.01: Role of court in sentencing. §21.02: Preparation for sentencing. §21.03: Alternatives to incarceration. §21.04: Sentencing judge. §21.05: Time of sentencing. §21.06: Defendant's presence and statements at sentencing. §21.07: Plea agreements and sentencing. §21.08: Procedures at sentencing hearing. §21.09: Procedures in capital cases. Includes table of contents and subject index.