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Chapter 26 - Motions To Suppress Confessions, Admissions, And Other Statements Of The Defendant, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

The doctrines described in this chapter supply grounds for suppressing not only confessions but any statement by the defendant – “whether inculpatory or exculpatory – that the prosecution may seek to introduce at trial” (Rhode Island v. Innis, 446 U.S. 291, 301 n.5 (1980) (emphasis in original); see also Miranda v. Arizona, 384 U.S. 436, 476-77 (1966)).

Chapter 35 - Opening Statements, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Immediately after the attorneys announce that they are ready to begin trial and before the first witness is called, the prosecuting and defense attorneys (in that order) are permitted to make opening statements, sometimes called opening arguments or opening speeches.

Chapter 33 - Selecting The Jury At Trial: The Voir Dire, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

The procedures described in §§ 32.3-32.3.4 supra carried the process of selecting a trial jury up to the point at which a panel of jurors is ushered into the courtroom on the day of trial. The final step in the process, by which the actual trial jurors (and alternates) are selected from the panel, is known as the voir dire examination. It is the stage at which a great number of criminal cases are won or lost. For a discussion of voir dire practices that are useful in selecting jurors who are most likely to give defendants a fair trial, …

Chapter 20 - Motions To Quash Or Dismiss The Charging Paper, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

There are numerous grounds for moving to quash or dismiss a charging paper or one or more of its counts. The chapter discusses a number of them.

Chapter 34 - Trial: General Characteristics, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Ordinarily a criminal trial cannot be held in absentia. See Drope v. Missouri, 420 U.S. 162, 182 (1975). The defendant “has a right to be present at all important stages of trial” (McKaskle v. Wiggins, 465 U.S. 168, 178 (1984) (dictum)). In most jurisdictions the right derives from several sources. It is often conferred by statute or rule of court (see, e.g., Crosby v. United States, 506 U.S. 255 (1993)); it is held to be protected by the common state constitutional guarantees of due process and of confrontation; and it is protected by the Due Process Clause of the Fourteenth …

Chapter 38 - Motion For Acquittal, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

At the close of the prosecution’s case, it is routine for defense counsel to move for a judgment of acquittal. (Terminology differs among jurisdictions. The motion is sometimes called a “motion to dismiss,” a “prima facie motion,” a “motion for a directed verdict” or a “demurrer to the evidence.”) But cf. Evans v. Michigan, 568 U.S. 313, 329 (2013) (dictum) (“Nothing obligates a jurisdiction to afford its trial courts the power to grant a midtrial acquittal, and at least two States disallow the practice. See Nev. Rev. Stat. § 175.381(1) (2011); State v. Parfait, 96,1814 (La.App. 1 Cir. 05/09/97), 693 …

Chapter 37 - Handling Prosecution Witnesses, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

The right to a “searching and wide-ranging cross-examination” is widely recognized by the courts (State v. Thaden, 210 Neb. 622, 627, 316 N.W.2d 317, 321 (1982)).

Chapter 36 - Evidentiary Issues That Are Likely To Arise At Trial, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

General rules of evidence applicable in civil cases are also controlling in criminal cases. This chapter’s discussion of evidentiary matters will be limited to a few of the most important problems specific to criminal trials.

Chapter 40 - Objections To Evidence; Anticipatory Objections; Motions In Limine Or To Preclude Prosecutorial Evidence Or Practices; Motions To Strike; Motions For Mistrial; Proffers; Rulings On Evidentiary Questions, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

If the prosecutor attempts to introduce objectionable evidence or engages in an objectionable practice, the threshold question always is whether the potential benefits of objecting outweigh whatever strategic interests there may be in foregoing an objection. The considerations that go into this cost-benefit analysis are discussed in section 40.2 infra. When counsel concludes that an objection should be made, s/he will need to make it in a manner that is clear and complete enough to preserve a claim of error for appeal if the judge overrules the objection and the defendant is ultimately convicted. Section 40.3 infra canvasses the technical …

Chapter 44 - The Court's Charge To The Jury, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

The court’s instructions to the jury must be delivered orally in open court, in the presence of counsel and the defendant. E.g., United States v. Becerra, 939 F.3d 995, 1001 (9th Cir. 2019) (“the historic practice of oral jury instruction remains central to the fairness of jury trials”); State v. Norris, 10 Kan. App. 2d 397, 401, 699 P.2d 585, 588 (1985) (“oral instruction is vital to the fulfillment of the court’s duty to instruct the jury”); United States v. Noble, 155 F.2d 315, 318 (D.C. Cir. 1949); State v. Lindsey, 245 N.J. Super. 466, 470, 586 A.2d 269, 271 …

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 46 - The Closing Submissions In A Bench Trial; Requesting Findings By The Court In A Bench Trial, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

Chapters 41 and 43 discuss the functions of, respectively, the renewed motion for acquittal and the closing argument in a jury trial. In that context, where the roles of fact-finder and arbiter of legal issues are distinct, the motion for acquittal is addressed to the judge as the arbiter of legal issues while the closing argument is addressed to the jury as the trier of fact. The motion for acquittal asks the judge to rule as a matter of law that the defendant cannot be convicted because, even crediting all of the prosecution’s evidence and drawing every reasonable inference from …

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 39 - Presenting The Case For The Defense, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

In all jurisdictions, a trial court’s exclusion of relevant, material evidence proffered by a defendant is reversible error under applicable statutes or rules of court or as a matter of common-law practice. See, e.g., United States v. Barrow, 109 F.4th 521 (D.C. Cir. 2024); United States v. Yarbrough, 527 F.3d 1092 (10th Cir. 2008); State v. Santoro, 2024 MT 136, 417 Mont. 92, 551 P.3d 822 (2024); Commonwealth v. Molina, 2019 WL 2323825 (Pa. Super. 2019); Brown v. State, 227 So.3d 185 (Fla. App. 2017); State v. G.R.M., 272 Or. App. 737, 358 P.3d 301 (2015). It may also violate …

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.

Chapter 48 - Sentencing, Anthony G. Amsterdam, Randy A. Hertz

Trial Manual for the Defense of Criminal Cases

In most jurisdictions, statutes or court rules authorize – and in some jurisdictions they require – a presentence investigation following conviction of some or all offenders. The investigation is ordered by the judge either on the court’s own initiative or upon application of either party after a verdict or finding of guilt or a plea of guilty. It is performed by an agency of the court, usually the probation department. Probation officers, ordinarily professionally trained in social work, interview the defendant and the defendant’s family, neighbors, employers, teachers, and minister. They collect the defendant’s previous court, juvenile court, prison, school, …

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.

Key

California Regulatory Law Reporter

No abstract provided.

An “Outburst Of Irish Feeling”: Fascism In The Irish Free State, Keira Ilene Codey

Open Access Master's Theses

This study examines the ideological development and political significance of the Blueshirt movement in the Irish Free State, focusing mainly on how the transnational fascist thought developed amidst local conditions. It argues that although the Blueshirts, associated with organizations such as the Army Comrades Association (ACA) under the leadership of Eoin O'Duffy, incorporated aesthetic and ideological features of other interwar European fascisms into their program, including palingenetic ultranationalism, corporatism, and paramilitarism, these elements developed within the context of Ireland’s postcolonial political culture. These ideas were rooted in commonly held anti-British sentiment, which linked fascist politics of resentment and national regeneration …

Women Shellfishers’ Role In Managing ‘Women’S Forest’ And Conservation Challenges In Youtefa Bay, Indonesia, Helmawaty E. Rumbiak

Open Access Master's Theses

Mangrove forests in Youtefa Bay hold critical ecological and cultural significance for the Enggros community, particularly for women. Known as the “women’s forest,” this area is where Enggros women harvest shellfish and collect firewood. Women shellfishers have a close relationship with the forest, where they connect with their children and other women. However, rapid urban development and pollution around the mangrove ecosystem have negatively impacted the women shellfishers and their role in managing the mangrove forest. Shellfishing activity will likely decrease as urban development around the forest increases, and more waste flows into the forest. This research examines the role …

Adolescent Relationships With Digital Actors And Their Influence In A Classroom Setting: An Interpretive Case Study, Kerry A. Hancock

Theses and Dissertations--Curriculum and Instruction

In this post-COVID-19 society students are strongly influenced by their use of digital text and electronic devices. The assumption of the study was that if students spend time with devices and digital text that it might be possible for them to develop relationships with the non-human actors that exist as part of the learning environments in schools. This  interpretive case study rooted, in Posthumanist ideology, used Latour’s Actor Network Theory to approach data collection.

A comparative approach was adopted for this interpretive case study research and data were collected in three stages: initial classroom observation and analysis to determine the …

A Qualitative Study Of Undergraduate Underrepresented Minoritized Students’ Online Learning Experiences, Susanne Morris

Theses and Dissertations--Curriculum and Instruction

This dissertation reports a qualitative secondary analysis of 37 semi-structured interviews with 40 undergraduate underrepresented minoritized (URM) students. Guided by social constructionism and intersectionality, the study explores how students make sense of online learning as a sociomaterial environment, attending to perceptions of constraints, affordances, and missing or misaligned signifiers. Interviews were analyzed using Braun and Clarke’s Reflexive Thematic Analysis to examine how institutional norms and course design shape what students experience as doable, safe, and meaningful. The study offers insight relevant to research and practice in equity and online learning.

Enhancing International School Implementation Capacity: Supporting Contextualized Learning At An International Baccalaureate School In China, Christopher J. Hayden Iv

Theses and Dissertations--Educational Leadership Studies

International schools allocate substantial resources to implement progressive curricular innovations; however, the advantages offered by these developments are contingent on their effective execution within classroom settings. This mixed methods action research (MMAR) study examined the implementation of the International Baccalaureate (IB) Global Context (GC) Strategy in the Middle Years Programme (MYP) at an international school in China and asked how the school might strengthen its capacity to enact this and similar innovations. Following a sequential MMAR design, a reconnaissance phase combined a whole-staff survey (n=87) with qualitative interviews to diagnose the individual, organizational, and contextual factors shaping implementation. Analyses identified …