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Chapter 42 - Instructions To The Jury; Defense Requests To Charge, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

In many jurisdictions it is customary or obligatory, prior to the lawyers’ closing arguments, for the judge to confer with the prosecutor and defense counsel to determine what the jury will be charged (or to “settle the instructions,” as it is often called). See, e.g., United States v. Melhuish, 6 F.4th 380, 392 (2d Cir. 2021) (dictum) (“[w]e have ‘repeatedly held that defense counsel should be afforded the opportunity to review a proposed jury instruction’”). This may be done as a matter of routine, or counsel may have to request a conference if s/he wants one.

Chapter 43 - Closing Arguments, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

As a general matter, the closing arguments of the attorneys recapitulate the theories of each party and attempt to justify the inferences and conclusions that each feels should be drawn from the evidence. In almost all jurisdictions, the prosecutor argues first and defense counsel second. In some jurisdictions the prosecutor is always permitted to rebut and thereby have the last word; in other jurisdictions the prosecutor is permitted to rebut only if the defense has presented evidence. Some judges will permit surrebuttal argument by the defense when the prosecutor has obviously sandbagged and reserved most of his or her substantive …

Chapter 32 - Election Or Waiver Of Jury Trial; Pretrial Matters Relating To The Jury, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

The present chapter deals with aspects of the right to jury trial that require counsel’s attention before trial begins. Chapter 33 discusses matters relating to the selection of jurors at the outset of a trial. Implications of the Sixth Amendment right to jury trial for later stages of the case are taken up in the chapters dealing with those stages. For example, the principle that the Sixth Amendment, “in conjunction with the Due Process Clause, requires that each element of a crime be proved to a jury beyond a reasonable doubt” (Hurst v. Florida, 577 U.S. 92, 97 (2016)) limits …

Chapter 45 - The Jury's Deliberations And Verdict, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

(A) In some jurisdictions, once the jury’s deliberations have begun, the jurors are not permitted to separate until a verdict has been reached. If a verdict cannot be reached before a normal mealtime or day’s end, deliberations may be stopped with the permission of the court, and the jury will be fed or housed under the supervision of court attendants. Although the jury is kept together during these recesses, it is not permitted to deliberate outside the jury room.

Chapter 47 - Postverdict Proceedings, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Once the verdict is recorded, the court may be permitted to impose sentence immediately, or to proceed immediately to a more or less formal sentencing hearing, or to defer sentencing with or without ordering a presentence investigation.

Chapter 41 - Renewed Motion For Acquittal, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

At the close of all the evidence, the defendant moves for a judgment of acquittal (or a “directed verdict of acquittal,” as local practice may style it). This is a renewal of the motion previously made at the close of the prosecution’s case and raises the same legal issue. See Chapter 38. However, the issue is now decided on the basis of the evidence presented by both parties. See, e.g., United States v. Lawrence, 471 F.3d 135, 139-43 (D.C. Cir. 2006) (stating the general rule that “[i]f the defendant moves for a judgment of acquittal at the close of all …

Chapter 25 - Motions To Suppress Tangible Evidence, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Rather than attempt still another doctrinal discourse, this chapter approaches the law of search and seizure from a different angle. After a brief description of the major constitutional guarantees that defense counsel may invoke to challenge the legality of police searches and seizures and thereby the admissibility of prosecution evidence produced by those activities (§ 25.2 infra), the text sets out a checklist of questions that counsel can ask and answer (with minimal investigation) about the facts of any particular case s/he is handling (§ 25.3 infra). The references following each question will direct counsel to subsequent sections containing functional …

Index Of Subjects, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

References are to section numbers.

Chapter 49 - Post-Sentencing: Motion For Reduction Of Sentence; Appeal And Postconviction Proceedings; Probation And Parole Revocation Proceedings, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

In many jurisdictions, the trial judge is permitted to entertain a motion for reduction of sentence during a specified period after the sentence has been pronounced. This Manual is intended as an aid in representing clients in the criminal trial process; post-judgment proceedings are beyond its purview. The purpose of this section is merely to identify the principal corrective procedures that are available to a defendant following conviction and sentencing to obtain appellate or collateral review of the conviction and/or sentence.

Table Of Cases And Other Authorities, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

References are to section numbers.

Pride And Portrayal: The Effects Of Gender Identity And Generational Cohort On Lgbtq+ Perceptions Of Media Coverage, Dang H. Le

Communication Theses - Archive

Public debates over LGBTQ+ issues have intensified in the United States in recent years, placing news media at the center of conflicts over representation, fairness, and credibility. While a substantial body of research has analyzed how LGBTQ+ people are portrayed in news coverage, far less attention has been paid to how LGBTQ+ audiences themselves evaluate that coverage. Understanding these perceptions is increasingly important as declining trust in journalism intersects with political polarization and ongoing policy debates surrounding LGBTQ+ rights. This study examines how generational cohorts and gender identity shape LGBTQ+ audiences’ perceptions of news coverage quality, perceived media hostility, and …

Contractors State License Board, Konstantin Huck, Katie Gonzalez, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Public Utilities Commission, Azad Hassan Khanzadeh Faal, Kelly Downes, Annika Kjos, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Department Of Financial Protection And Innovation, Irene Lau, Katie Gonzalez, Marcus Friedman

California Regulatory Law Reporter

No abstract provided.

Key

California Regulatory Law Reporter

No abstract provided.

Improving Early Detection And Response To Clinical Deterioration Among Nurses Through Competency-Based Interventions, Courtney E. Miller

Doctor of Nursing Practice (DNP) Scholarly Projects

Problem: Clinical deterioration among hospitalized patients remained a significant contributor to preventable morbidity and mortality, often due to delayed recognition and response in general care settings (Choi et al., 2025; Chung & Jung, 2024).

PICOTS: For registered nurses working on a general level of care inpatient hospital unit (P), how did a competency-based training program bundle incorporating didactic educational intervention of learning how to use technology, machine learning (ML) based early warning system (EWS) of trends and patterns to identify at risk patients, and low-fidelity simulation-based education (SBE) (clinical readiness to improve confidence with education and coaching) (I), …

The Role Of Parenting In Mitigating Epigenetic Cardiometabolic Risk In Predominantly Latino Preschoolers, Adamari López

Open Access Master's Theses

Background: Childhood obesity is a highly prevalent public health concern with significant consequences for health and development across the lifespan. Risk is disproportionately elevated among children from marginalized racial and ethnic groups and socioeconomically disadvantaged backgrounds, highlighting persistent disparities in long-term health outcomes. Epigenomic mechanisms, including DNA methylation (DNAm), have emerged as a promising approach for understanding the biological embedding of metabolic risk; however, prior research has largely emphasized deficit-based models, with limited attention to protective family-level factors. The present study examined whether participation in a positive parenting intervention was associated with epigenetic cardiometabolic risk among preschool-aged children. Methods …

Ensemble Dependence Of Mechanical Relaxation In Molecular Dynamics Simulation, Mason E. Hyde

Open Access Master's Theses

This thesis investigates whether the selection of thermodynamic ensemble introduces quantifiable differences in the stress relaxation modulus G(t), storage modulus G”(w), loss modulus G”(w), and phase angle d(w) computed from equilibrium molecular dynamics simulations of the AAA-1 asphalt model. A 72-molecule, 12-component representation of AAA-1 bitumen was simulated under three ensembles (NPT, NVT, and NVE) at three temperatures (400.15 K, 443.15 K, and 533.15 K) with three independent replications at each condition, yielding 27 total simulations. Stress autocorrelation functions were computed from each production trajectory and Fourier-transformed to obtain frequency-dependent rheological properties.

The computed properties …

Kinematic And Muscle Activity Differences During Dual Task Cutting In Ncaa Soccer Players, Abigail Mccarthy

Open Access Master's Theses

Lateral ankle sprains (LAS) are one of the most common musculoskeletal injuries in collegiate soccer, but also in the world. Professional soccer observes a prevalence of around 10-18 percent (Walden et al., 2013). The United States alone reports up to 2 million acute ankle sprains annually (Herzog et al, 2019). LAS ranked top 3 in types of injuries within collegiate soccer with hamstring tears and concussions (Chandran et al., 2021). Around 40 percent of people who experience a lateral ankle sprain will experience chronic ankle instability, and since spraining ankle once at a greater risk now for spraining ankle again. …

Evaluating Training Effectiveness And Learning Transfer In The Kentucky Transportation Cabinet Safety Academy, Amanda L. Casolare

Theses and Dissertations--Civil Engineering

Effective evaluation of safety training is crucial to ensure that learning translates into safe work practices, particularly in high-risk public sector environments. The Kentucky Transportation Cabinet (KYTC) is developing a Safety Academy to enhance hazard recognition, risk management, and safety leadership within the organization. However, the Safety Academy has not yet been implemented, and formal evaluation methods for training have not been established. This study aimed to examine evidence-based training evaluation techniques and develop recommendations for evaluating the KYTC Safety Academy prior to program implementation.

This study employed an applied pre-implementation research design grounded in a comprehensive review of safety …

Mental Health And Help-Seeking In Engineering Education: Beliefs, Norms, And Intervention Pathways For Undergraduate Students, Matthew D. Whitwer

Theses and Dissertations--Chemical and Materials Engineering

Engineering education is at a critical juncture where supporting student mental health is essential for fostering persistence, equity, and the development of a resilient and innovative workforce. While engineering students experience high levels of distress and low rates of mental health treatment seeking (known as a mental health treatment gap), there is a gap in knowledge around how this compares to that of students in other fields of study. Further, while efforts have been made to improve the mental health treatment gap in engineering, they are limited by a lack of actionable, theory-based targets. Therefore, this dissertation aims to characterize …

A Specification-Driven Framework For Self-Supervised Learning In Specialized Vision Domains, Mahmut S. Gokmen

Theses and Dissertations--Computer Science

Self-supervised learning (SSL) has emerged as a principled approach to visual representation learning that derives supervisory signal directly from unlabeled data, enabling foundation models to be trained at scale without manual annotation. Deployments in medical imaging and biometric recognition have demonstrated the potential of this paradigm, yet the assumptions that make SSL effective on natural image benchmarks fail systematically in specialized domains. Generic SSL pipelines encode a tacit assumption that the most informative correspondence is spatial proximity within a single acquisition. In specialized domains this assumption breaks at the level of the data-generating process: the signal that carries domain-specific information …

Other Eyes: The Dilemma Of Authorship And Autobiography In Sylvia Plath, John Ashbery, And Cristina García, Kevin J.B. O'Connor

Theses and Dissertations--English

This dissertation analyzes authorship in contemporary American literature, harnessing the writings—prose and poetry—of Sylvia Plath, John Ashbery, and Cristina García to challenge traditional classification and periodization schema. Hewing to the notion of authorship as a dilemma—a simultaneity of forces pressing upon the author, demanding a response—each chapter unravels critical moments of authorial expression that continually inscribe the importance of praxis and futurity. Comprehending authorship as a relational dilemma to be brooked, and indeed, overcome in a panoply of gestures, frees it theoretically from the perils of prior models by drawing attention to authorship’s agential and multi-modal aspects. Melding archival research …

Shakespeare’S Martyrs And The Poetics Of Transformation, Robert Keim

Theses and Dissertations--English

At the beginning of William Shakespeare’s career as a playwright, England’s most widely read book, after the Bible, was Acts and Monuments of These Latter and Perilous Days, commonly known as John Foxe’s Book of Martyrs. Foxe’s martyrological literature, along with the inherently theatrical nature of martyrdom itself, helped the lives and deaths of Reformation martyrs to assume a prominent place in England’s literary consciousness. Shakespeare was not immune to their influential presence, and though overt representations of martyrdom were too controversial for the popular stage, he did enrich his plays by endowing certain characters—through imagery, allusive diction, …

Benjy's Personhood In The Sound And The Fury, Addison D. Tighe

Theses and Dissertations--English

This thesis will take a look at the way Benjy Compson’s character in William Faulkner’s novel The Sound and the Fury can be used to form an anti-eugenic argument. By taking a close look at the historical context of America’s twentieth century eugenic movement, the ways in which the novel presents an argument of personhood for those with disabilities come forth despite the eugenic pressures of the time. By taking the time to closely read Benjy’s section within the novel, a mix of disability studies and feminist disability studies, and understanding the complexity of character and stream of conscious writing, …

Inside The Box: Containerization And The Limits Of Trade Unionism In The International Longshoremen's Association, 1945-1977, Calvin Horning

Theses and Dissertations--Geography

The International Longshoremen’s Association (ILA), the union of dock workers on the East Coast of the United States, saw a dramatic change in form and fortune in the middle of the 20^th century as the shipping industry and global labor underwent an immense reorganization. In the context of this reorganization, I argue that due to internal conservatism and racism alongside external state pressure, the ILA moved from an unruly, mafia-ruled union to a highly organized, professionalized, well-paid core of workers that served to support the United States’ capitalist-imperialist project.

Through archival material spanning over three decades, I analyze the …

(En)Counter Cartographies: Data Collection, Interpretation, And Visualization In Lexington’S Urban Forest, Claire Hilbrecht

Theses and Dissertations--Geography

This thesis examines how urban forestry data practices shape relationships between people, trees, and knowledge in Lexington, Kentucky. Drawing on political ecology, science and technology studies, and critical making, it argues that conventional methods of data collection, interpretation, and visualization privilege Western scientific and market-based frameworks that often exclude affective, embodied, and more-than-human ways of knowing. Using autoethnography and six semi-structured interviews with urban forestry professionals, the study explores how practitioners experience tensions between treating trees as measurable commodities and engaging them as relational beings. It finds that while urban foresters rely on dominant discourses such as ecosystem services to …

Spatial Marginalization Of Emotional Support: Understanding Animal-Human Dynamics Of Care On College Campuses, Aleksandra Craine

Theses and Dissertations--Geography

In 2015 Kearny-Nebraska court case determined that student campus housing is considered a dwelling and is therefore covered by housing antidiscrimination laws. Since then, increasing numbers of students across U.S. campuses applied to bring an emotional support animal to live with them. Emotional Support Animals (ESAs) are defined by the U.S. Department of Housing and Urban Development as “trained or untrained animals that do work, perform tasks, provide assistance, and/or provide therapeutic emotional support for individuals with disabilities.” Persons requesting ESA accommodations usually must provide documentation from a medical provider or therapist. ESAs remain a legally and socially contested category …

Entre Irse Y Quedarse: Sociolinguistic Effects Of The H-2a Program In The U.S. And Mexico, Hayden D. Holman

Theses and Dissertations--Hispanic Studies

This dissertation examines stabilized circular migration as a distinct sociolinguistic condition through a study of Mexican participants in the U.S. H-2A temporary agricultural worker program. Whereas much migration scholarship presumes linear settlement and cumulative immersion, the H-2A program institutionalizes repeated cycles of departure and return between specific origin and destination communities. This patterned mobility produces recurrent immersion in an English-dominant environment followed by re-centering in a Spanish-dominant community, creating conditions of cyclical activation and recalibration of linguistic repertoires.

The study investigates two interrelated questions: (1) how sustained participation in stabilized circular mobility shapes participants’ spoken repertoires, contact-induced features, and language …

Visual Genealogies Of Disability In Mexican Visual Culture, Daniela Calvache Garcia

Theses and Dissertations--Hispanic Studies

Disability in Mexico is a visually constructed category, shaped by a long genealogy of representation in which images of bodily difference actively participate in defining power and the management of all bodies. The discursive forces that define disability as unproductivity reduce body-minds to the service of the economic system, affecting our relationship with death, illness, reproduction, size, youth, and beauty. Across the Mesoamerican visual space, such representations have long unsettled dominant systems of truth about bodies. This dissertation examines how conceptions of disability are produced, negotiated, and reimagined through three historical moments and cultural expressions: Pre-Hispanic Mayan imagery, Mexican colonial …