Criminal Pretrial Advocacy serves as a resource for educators, students, and beginning trial attorneys by focusing on what criminal lawyers primarily do-prepare cases and settle them. In order to assist preparation, the text emphasizes strategy and ethics. For educators, this text would be ideal for pretrial advocacy courses. For students, it can serve as an introduction and careful description of the process of trial preparation and settlement. Unlike casebooks, this text offers a clear and practical description of the logistics of trial preparation and tips for case settlement. For practitioners, it provides a foundation, or a basic guide, for introducing new attorneys to the pre-trial procedures they might otherwise be unfamiliar with. By reading and studying Criminal Pretrial Advocacy, advocates will be better prepared for trial and in a better position to prevail. Throughout, we relate the foundations of criminal pretrial advocacy; we discuss filing charges, developing a persuasive case theory, and bail review strategies. You will learn how successful attorneys interview their clients and witnesses. We explain proper discovery procedure and draw on our courtroom experience to identify the methods needed to effectively litigate preliminary and grand jury hearings. A significant portion of the text is devoted to the mechanics of preparing and presenting motions. Criminal Pretrial Advocacy will also provide strategies for arriving at successful case settlements. When you are finished, you will possess the tools to prepare confidently and successfully for criminal trials. Criminal Pretrial Advocacy will be most effective when used in conjunction with our mock trial companion book, Criminal Mock Trials. The companion book presents a comprehensive set of interesting case files with a variety of pretrial and trial issues for students to explore. Together the companion book and this text present a series of criminal practice cases, hypothetical cases, checklists, and notes on ethical considerations. Both texts present stimulating pretrial advocacy and ethical issues to facilitate provocative discourse. Because an advocate's success in criminal law stems from the meticulous planning that takes place during the pretrial stages, attorneys must prepare thoroughly. Criminal Pretrial Advocacy and Criminal Mock Trials will provide you with the tools needed to achieve this goal.
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H. Mitchell Caldwell is a professor at Pepperdine University School of Law. A former deputy district attorney, he specializes in death-penalty litigation before the California Supreme Court.
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