Manual on recurring problems in criminal trials

Front Cover
Office of Legal Education, 1997 - Law - 210 pages
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Contents

Representation of Defendant
1
Right of defendant to appear pro se after commencement of trial
3
Nonlawyer as assisting counsel
5
When one of several defendants acts pro se
6
Jury
9
Waiver of right to have twelve persons on jury
10
Defendant may not waive right to unanimous verdict
11
Criteria for prima facie case
12
Double jeopardy
53
Nature of remedies available to court after conviction for civil contempt
54
Court may impose fine on contemnor to reimburse injured party
55
Summary Contempt
63
F Disruptive Defendant
73
Shackling and gagging of defendant
74
Evidence
75
Identification testimony
84

Procedure after prima facie case of discrimination has been made
14
Permissible and impermissible reasons
15
JuryRelated Problems
17
Separation of jury
18
Simultaneous use of two juries
19
Replacement of juror with alternate
20
Temporary disability of deliberating juror
22
Juror misconduct or bias
25
Jurors seeing defendant in handcuffs
27
Note taking by jurors
28
Rereading testimony
29
Sending exhibits and other items to jury room
31
Sending copy of indictment to jury
32
Verdict
33
Interviewing of jurors after verdict
36
Testimony by jurors that may impeach verdict
37
Disclosure Issues
39
Statement must relate to subject matter of government witnesss testimony
40
Trial court must determine whether statement should be pro duced under Jencks Act
41
Statements producible under the Jencks Act
42
Destruction of interview notes
44
B Brady Material
45
Doubts to be resolved in favor of disclosure
46
Court under no duty to search files of prosecutor
47
Brady applicable only to material available to the prosecution
48
Enforcement of Orders During Trial
51
Identifying nature of contempt proceedings
52
Tape recordings of conversations
90
Balancing probative value of evidence against prejudicial effect
93
Receipt of expert testimony
98
Requiring defendant to display body or to don clothing
102
Evidence improperly admitted or admitted for limited purpose
103
Other crimes evidence
104
Right of confrontation
105
Confessions by defendant
111
Chain of custody
114
Conducting experiments before or involving jury
115
Introducing information adverse to government witness during direct examination
127
Crossexamination of government witness
128
Interviewing of government witnesses by defense counsel
130
Exclusion of witnesses from courtroom
132
Defense counsel conferring with testifying defendant during recess
133
Other Issues
134
Comment on evidence by court
135
Permitting reopening after resting
136
Bench conferences
137
Argument
139
B Final Argument
140
Prosecutors comment on defendants failure to present excul patory evidence
141
Improper arguments by government
142
Multiple Defendants
147
Verdict
157
Appendix A USABook Instructions
1

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