From Truth to Technique at Trial

From Truth to Technique at Trial

Author: Philip Gaines

Publisher: Oxford University Press

Published: 2016-03-23

Total Pages: 233

ISBN-13: 0199333610

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From Truth to Technique addresses key questions raised by the burgeoning literature in what Philip Gaines calls advocacy advice texts-manuals, handbooks, and other how-to guides-written by lawyers for lawyers, both practicing and aspiring, to help them be as effective as possible in trial advocacy. In these texts, advice authors share principles, strategies, and techniques for persuading juries and winning cases. Some manuals even form the basis for required advocacy courses in law schools. Unlike training manuals in other professional domains-sales, leadership, management, fundraising, coaching, etc.-advocacy advice texts offer guidance for effectiveness in a realm of activity where the stakes may be the very highest for the parties and where society has an abiding interest in the truth being discovered and justice being done. Helping advocates learn how to win cases may be the ultimate purpose of advice texts, but to what extent are ideas about the values of truth and justice-what Gaines calls metavalues-incorporated into discussions about winning tactics and techniques? To explore this question, Gaines takes the reader through a discursive history of the relation between technique and metavalues as presented in advocacy advice-beginning with a thematic analysis of the first texts published in the Anglo-American tradition in the early 17th century, through treatises written during seasons of radical change in the profession in the 18th and 19th centuries, and up to the present day with a look at the more than 200 trial manuals currently in print. This diacronic study reveals dramatic changes in the place authors give to the metavalues of truth and justice when lawyers advise other lawyers about how to be effective in the courtroom.


The Truth about the O.J. Simpson Trial

The Truth about the O.J. Simpson Trial

Author: F. Lee Bailey

Publisher: Simon and Schuster

Published: 2021-06-04

Total Pages: 340

ISBN-13: 1510765859

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The Definitive Account of the O.J. Simpson Trial, by Legendary Defense Attorney F. Lee Bailey It was called “The Trial of the Century.” Beloved football sensation, O.J. Simpson was famous for his prowess on the field, his good looks, and his charm. But all that changed the night his ex-wife Nicole Brown Simpson and her friend Ron Goldman were brutally slaughtered in her front yard late at night on June 12, 1994. The media circus that consumed the news cycle for the next eighteen months would forever change the world's opinion of O.J. Simpson, despite the fact that the jury, after nearly a year of sequestration, came to their decision in just a few hours: Not Guilty. Although at least a dozen books have been written about the O.J. Simpson trial, from every possible perspective from provocative to sensationalistic, The Truth About the O.J. Simpson Trial is the most revealing because the writer was the Architect of the Defense. Bailey, shows definitively why the jury was correct in finding that the timeline of the evening made Simpson’s presence at the murder scene impossible, which eclipses the question “Did he do it?” and establishes that he simply could not have done it. This book reveals shocking evidence of police corruption, mishandling of blood samples and other materials that formed the basis of the prosecution's case. Bailey includes convincing evidence that was not presented at the trial—including interviews, forensic results, and revelations about the case that have since come to light. Scathing, controversial, and, yes, entertaining, The Truth About the O.J. Simpson Trial will be read and studied by anyone interested in defending the innocent, the history of law enforcement in America, students of the Law, and all those who are still obsessed with “The Trial of the Century.”


The Trial on Trial: Volume 1

The Trial on Trial: Volume 1

Author: R A Duff

Publisher: Hart Publishing

Published: 2004-12-31

Total Pages: 219

ISBN-13: 1841134422

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This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.


International Criminal Procedure

International Criminal Procedure

Author: Christoph Safferling

Publisher: Oxford University Press

Published: 2012-03-15

Total Pages: 637

ISBN-13: 0199562881

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This title sets out and analyses the procedural law applied by the International Criminal Court, systematically analysing the Court's organisational structure, overall procedural setting and the individual procedural regulations in comparison to that of other international tribunals.


The Principle of "equality of Arms" in Criminal Procedure Under Article 6 of the European Convention on Human Rights and Its Functions in Criminal Justice of Selected European Countries

The Principle of

Author: Malgorzata Wasek-Wiaderek (Auteur)

Publisher: Leuven University Press

Published: 2000

Total Pages: 68

ISBN-13: 9789058670908

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The paper deals with one of the significant aspect of fairness in criminal cases, the concept of "equality of arms". The considerations focus initially on the analysis of the scope and meaning of the notion of "equality of arms" in the case-law of the European Commission and the European Court of Human Rights under Article 6 of the European Convention on Human Rights. The author reviewed the Strasbourg case-law on the concept of "equality of arms" in the context of three different but connected procedural topics: equality between the parties in the institutional framework of criminal proceedings, "equality of arms" principle in the evidentiary proceedings in general and "equality of arms" under Article 6 of the Convention in the jurisprudence concerning criminal trials involving anonymous witnesses. Subsequent chapters of the paper survey the application of this notion to different models of criminal procedure, namely to the common law system (of which England is a good example) and to the model of procedure adopted in the countries of Continental Europe (e.g. Germany and Poland). The analysis does not provide for a comprehensive treatment of all national regulations concerning the issue of equality between the parties in a criminal process. Its objective is rather to emphasise the general approach to the principle of "equality of arms" in different models of criminal justice. The final chapter of the paper focuses on the issue of the possible convergence of different models of criminal procedure adopted in Europe with the one model based on the standards and principles emerged form the jurisprudence of the organs of the Convention.