Criminal Litigation

This book discusses what it takes to be an effective legal advocate to a judge or jury.It stresses that a lawyer is part actor and part scholar and may sometimes argue a position that may be contrary to his or her personal beliefs about some factual or legal issue—which is where the “part actor” comes in. An effective advocate must champion that position enthusiastically, even if personally he or she may disagree with it. There are two main types of legal advocacy—advocacy to a judge and advocacy to a jury. The former involves a partisan discussion of the relevant facts and law, with an emphasis typically on the law. The latter likewise involves a partisan discussion of the facts and law, with an emphasis typically on the facts. To be an advocate is to be partisan for his or her client.In addition as an officer of the court he has an obligation to promote the ultimate objective of the court which is to ensure that the guilty be convicted and the innocent go free. A prosecutor, while a lawyer and legal advocate is a public servant whose first and foremost duty is to do justice. The book includes exercises which are scenarios under the factual hypothetical section backed by case law to help students sharpen their advocacy skills. Newton, Brent. Criminal Litigation and Legal Issues in Criminal Procedure . National Institute for Trial Advocacy. Kindle Edition.