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Manual On Recurring Problems In Criminal Trials
Table of Contents

a. Publication Information
b. Preface And Caveats
Part I. Representation Of Defendant

   
Part I(A) Pro Se Representation
    Part I(B) Counsel Stipulation
Part II. Jury
   
Part II(A) Waiver Of Right To Jury Trial And Twelve-Person Jury
    Part II(B) Batson v. Kentucky - Potential Striking By Court Of Peremptory Challenge By Prosecution
    Part II(C) Jury Related Problems
Part III. Disclosure Issues
   
Part III(A) Jencks Act Material
    Part III(B) Brady Material
Part IV. Enforcement Of Orders During Trial
   
Part IV(A) Distinctions Between Civil And Criminal Contempt
    Part IV(B) Civil Contempt
    Part IV(C) Criminal Contempt
    Part IV(D) Summary Contempt
    Part IV(E) Recalcitrant Witness
    Part IV(F) Disruptive Defendant
Part V. Evidence
   
Part V(A) Admissibility
    Part V(A) 1. Admissibility: Coconspirator Statements
    Part V(A) 2. Admissibility: Identification Testimony
    Part V(A) 3. Admissibility: Tape Recordings Of Conversations
    Part V(A) 4. Admissibility: Balancing Probative Value Of Evidence Against Prejudicial Effect
    Part V(A) 5. Admissibility: Receipt Of Expert Testimony
    Part V(A) 6. Admissibility: Receipt Of Expert Testimony: Requiring Defendant To Display Body Or To Don Clothing
    Part V(A) 7. Admissibility: Receipt Of Expert Testimony: Evidence Improperly Admitted Or Admitted For Limited Purpose
    Part V(A) 8. Admissibility: "Other Crimes" Evidence
    Part V(A) 9. Admissibility: Right Of Confrontation
    Part V(A) 10. Admissibility: Confessions By Defendant
    Part V(A) 11. Admissibility: Chain Of Custody
    Part V(A) 12. Admissibility: Conducting Experiments Before Or Involving Jury
    Part V(B). Witnesses
    Part V(B) 1. Witnesses: 5th Amendment Privilege Against Self Incrimination
    Part V(B) 2. Witnesses: Introducing Information Adverse To Government Witness During Direct Examination
    Part V(B) 3. Witnesses: Cross-Examination Of Government Witness
    Part V(B) 4. Witnesses: Interviewing Of Government Witnesses By Defense Counsel
    Part V(B) 5. Witnesses: Exclusion Of Witnesses From Courtroom
    Part V(B) 6. Witnesses: Defense Counsel Conferring With Testifying Defendant During Recess
    Part V(C). Other Issues
    Part V(C) 1. Stipulation Of Facts
    Part V(C) 2. Role Of Judge In Trial
    Part V(C) 3. Comment On Evidence By Court
    Part V(C) 4. Permitting Reopening After Resting
    Part V(C) 5. Bench Conferences
Part VI. Argument
   
Part VI(A). Opening Statement
    Part VI(A) 1. Opening Statement: By The Prosecutor
    Part VI(A) 2. Opening Statement: By Defense Counsel
    Part VI(B). Final Argument
    Part VI(B) 1. Right To Final Argument
    Part VI(B) 2. Control By Court
    Part VI(B) 3. Time Limitations
    Part VI(B) 4. Prosecutor's Comment On Defendant's Failure To Testify
    Part VI(B) 5. Prosecutor's Comment On Defendant's Failure To Present Exculpatory Evidence
    Part VI(B) 6. Improper Arguments By Government
    Part VI(B) 7. Arguments Must Be From The Record
    Part VI(B) 8. Duty Of Court To Intervene In Improper Argument
    Part VI(B) 9. Comment On Failure Of Codefendant To Testify
    Part VI(C) Vouching For Witness
Part VII. Multiple Defendants
   
Part VII(A) Severance Of Defendants
    Part VII(B) Bruton Rule
    Part VII(C) Calling Of Codefendant As Witness
    Part VII(D) Disclosure To Jury Of Codefendant's Guilty Plea
Part VIII. Verdict
   
Part VIII(A) Special Interrogatories In Criminal Cases
    Part VIII(B) Directing Verdict By Court
    Part VIII(C) Motion For Judgment Of Acquittal
    Part VIII(D) Mistrial

© Copyright 1990-2008 Thomas Lundy, individually and doing business as JuryInstruction.com. All Rights Reserved. The authors of this publication are not engaged in rendering legal or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. The authors do not warrant that these materials are accurate, up to date or suitable for use in any particular case. Before using or relying on the materials in this publication the reader should conduct independent legal research and exercise independent judgment.