The Criminal Trial Handbook: The Concise Guide to Courtroom Evidence, Procedure, and Trial Tactics - Softcover

Curry, Mark

Softcover

ISBN 10: 1492938831 ISBN 13: 9781492938835

Publisher: CreateSpace Independent Publishing Platform, 2015

Synopsis

The Criminal Trial Handbook is a concise and practical handbook setting forth the nuts and bolts of everything, procedural and practical, a lawyer needs to know to competently try a basic criminal case; the fundamentals of a trial from beginning to end. While there are numerous treatises available on specific topics related to a trial, this handbook covers the basic procedural steps of a trial, the common rules of courtroom evidence, and basic trial skills and strategies necessary, all rolled into one. It is designed for use by both prosecutors and defense counsel. Utilizing California’s rules of courtroom evidence and procedure for reference, the handbook follows the natural progression of a jury trial from the pre-trial motions thru jury deliberation, and everything in between. It includes not only explanations of basic trial procedure and the applicable rules of evidence, but also a description of basic trial skills necessary to try a case, such as how to effectively cross-examine a witness, introduce evidence, and strategies on how to make a persuasive closing argument. Chapters include: • Pre-trial procedure • Jury selection • Opening statement • Direct examination• Cross-examination • Impeachment • Witness rehabilitation • Experts • Hearsay • Writings• Courtroom evidence • Character evidence• Trial objections • Argument• Deliberations Criminal Trial Handbook is compiled and written by Mark Curry, a California Superior court judge with more than 30 years of courtroom experience. Throughout the handbook, Judge Curry also includes his own personal “Trial tips,” practical real-world suggestions about courtroom presentation not ordinarily found in other more formal treatises. For example, suggestions related to making a case more interesting and persuasive for jurors, or tips for jury selection or dealing with difficult witnesses. The handbook is designed such that counsel can quickly review it as a refresher while preparing for, and even during, trial. The chapters on Experts, Hearsay, Character Evidence, and Courtroom Objections, set forth the basic evidentiary rules the attorney needs to know in the courtroom, while chapters on Opening Statements, Direct Examination, Cross-examination, Impeachment, and Argument, explain basic strategies and trial skills necessary to perform these tasks competently. The handbook describes the fundamentals of trial procedure and the trial skills necessary to try a basic criminal case, in a practical, concise, and easy to follow format. It can also serve an excellent resource for law students learning the craft.

About this title

About the Author

Mark Curry has been a Superior Court judge in California since 2007. Sitting as a trial court, Judge Curry has presided over 200 jury and bench trials, including complex criminal and civil matters. Prior to the bench, Judge Curry was a prosecutor at the Sacramento County District Attorney's office for more than 20 years where he tried many cases, including more than 25 murder cases to a verdict. He is a 1986 graduate from the University of the Pacific, McGeorge School of Law and has lectured on trial evidence and procedure. He has also published a companion handbook for civil trial lawyers entitled Trial Fundamentals, available at Amazon.com and Barnes and Noble.

From the Inside Flap

For more than 25 years I have been directly involved in the California courts, either as a prosecutor or a judge. As a consequence, my entire legal career has been spent mostly in the courtroom where I have observed literally hundreds of criminal jury trials with many different styles and grades of lawyering, ranging from the extraordinary to the incompetent. Trial lawyering is truly an art form that develops over time from practice and experience, but it also requires a sound knowledge of the basic rules of courtroom evidence, procedure, and trial tactics. One impediment to skilled lawyering, however, is the simple fact that many lawyers do not try cases on a regular basis. Months or possibly even years may have passed by between trials. Even for the experienced trial lawyer, it is easy to become rusty and forget the technical rules and procedures that are applicable only in a trial setting. Additionally, when lawyers do not routinely try cases, they tend to repeat the same mistakes or bad habits over and over again.

To address these issues, I have written this book with the intention of setting forth, in one relatively short and concise treatise, the nuts and bolts of everything a lawyer needs to know to effectively try a criminal case. It is designed for use by both prosecutors and defense attorneys, experienced and inexperienced. It follows the natural progression of a trial from the first day counsel arrive at the courtroom through the closing argument. It covers the basic law, techniques, and procedures for each stage. Because California's rules of evidence are mainly codified, I have included the verbatim text for some of the most commonly used Evidence Code sections. Also included are selected case law authorities for the principles discussed. Although California law is cited here, the evidence codes for many other states are very similar to California's, thus the concepts and rules discussed here can apply equally as well for other jurisdictions. Finally, throughout this handbook I discuss some basic trial strategies and tactics for the various stages of a jury trial with "trial tips," practical suggestions learned from years of experience. In the end, the intent of this handbook is not to assist the prosecution or the defense. Rather, the goal is lay out the basic principles of a jury trial in order to help all attorneys to become better trial lawyers, no matter who they represent.

Mark Curry.

Edition details

• Publisher: CreateSpace Independent Publishing Platform
• Publication date: 2015
• Language: English
• ISBN 10: 1492938831
• ISBN 13: 9781492938835
• Binding: Paperback
• Number of pages: 316