The following is a list of valuable resources related to criminal law for attorneys in Erie County that are available to check out from our offices.
Criminal Law Practice and Procedure-DWI/DUI/DUAI
Handling the DWI Case in New York, 2021-2022 ed. Authors: Peter Gerstenzang and Eric Sills
Handling the DWI Case in New York is a practical resource for prosecutors, defense attorneys, judges, and law enforcement officers. Updated annually, it provides guidance through evolving laws by analyzing the latest DWI legislation and groundbreaking cases. It discusses important legal principles relevant to local criminal court practice and offers:
- Practice-oriented insights
- Effective negotiation tactics and strategies
- In-depth explanations
- Extensive trial preparation materials
Over 60 appendixes reproduce important information, on such topics as:
- Sobriety checkpoint guidelines
- Regulations for chemical tests
- Diagrams of breathalyzers
Criminal Law Practice and Procedure
Handling A Criminal Case in New York, 2022-2023 ed. Author: Gary Muldoon.
Handling a Criminal Case in New York takes you step by step through each stage of a criminal case, from undertaking representation through arraignment, motion and hearing practice, trial, sentencing, and appeal. Written in a concise outline style, this publication answers virtually any question that may arise, integrating statutes and caselaw with practice tips and views from the bench. The text covers:
- Time limits
- Grand jury and collateral proceedings
- Pleas, defenses, and trial strategy
- Youthful and juvenile offenders
This publication includes more than 2,850 citations to recent court decisions, 800 citations to statutory provisions, and more than 75 time-saving forms. Reviewed by the New York Law Journal as “a new standard for work of this genre, eclipsing all rivals,” this is an ideal addition to the library of both the general practitioner and the specialist in criminal law.
A Jailhouse Lawyer’s Manual
A handbook of legal rights and procedures designed for use by people in prison.
Defending Against the New Scarlett Letter: A Defense Attorney’s Guide to SORA Proceedings
Second Edition. Author, Alan Rosenthal
This highly effective guide is designed to help attorneys effectively represent clients registered as sex offenders. This guide takes the attorney through who must register, how to prepare for and defend during a hearing, and through the history and underlying policy behind SORA.
The Myth of Repressed Memory: False Memories and Allegations of Sexual Abuse
Dr. Elizabeth Loftus and Katherine Ketcham
According to many clinical psychologists, when the mind is forced to endure a horrifying experience, it has the ability to bury the entire memory of it so deeply within the unconscious that it can only be recalled in the form of a flashback triggered by a sight, a smell, or a sound. Indeed, therapists and lawyers have created an industry based on treating and litigating the cases of people who suddenly claim to have “recovered” memories of everything from child abuse to murder.
This book reveals that despite decades of research, there is absolutely no controlled scientific support for the idea that memories of trauma are routinely banished into the unconscious and then reliably recovered years later. Since it is not actually a legitimate psychological phenomenon, the idea of “recovered memory”–and the movement that has developed alongside it–is thus closer to a dangerous fad or trendy witch hunt.
Collateral Consequences of Criminal Conduct
Glenn Edward Murray
This book was written to provide a finding tool that will help practitioners identify and evaluate civil consequences of criminal conduct. While this book may be most useful to criminal defense attorneys, it also offers a reference for the civil litigator who handles a lawsuit arising out of conduct resulting in criminal prosecution
Competency to Stand Trial Evaluations: A Manual for Practice. Author Thomas Grisso
Of all the different forms of forensic mental health evaluations, the most frequently requested are competency to stand trial evaluations. Dr. Grisso, a preeminent forensic researcher and teacher, has put together a field-tested manual of immense value. It is basic and straightforward, yet sufficiently complete to meet current legal requirements, professional standards, and the realistic demands of a forensic practice. Included are reviews of competency assessment instruments; discussions of ethical issues in competency evaluations of criminal defendants; case examples; and appendices detailing major legal cases, specialized evaluation tools, and reference citations.
Criminal Law Slanguage of NY
Glenn Edward Murray and Gary Muldoon
A quick reference for the dozens of terms, case names, and criminal concepts buzzing back and forth in (New York) court.
Drugs and Possession
Buzzed: The Straight Facts about the Most Used and Abused Drugs from Alcohol to Ecstasy
Cynthia Kuhn, PhD
Scott Swartzwelder, PhD
Wilkie Wilson, PhD
Fully updated, this matter-of-fact handbook includes the most recent discoveries about drug use, including new information on electronic smoking devices, abuse of prescription stimulants, and the opioid crisis. It surveys drugs from caffeine to heroin to reveal how they affect the body, the different “highs” they produce, and the circumstances in which they can be deadly.
Cross Examination of the Analyst in Drug Prosecution
This book is a complete guide to what has been called “the chemical defense”. Starting with a thorough explanation of the scientific principles behind drug identification and of the role of the drug analyst, Cross-Examination of the Analyst in Drug Prosecutions also provides the attorney with the crucial techniques and challenges that can make the difference in your case.
Cross Examination of the Analyst in Drug Prosecution
James M. Shellow
A look inside the mind of James M. Shellow, a gifted cross-examiner who provides psychological insights, shares his style and knowledge of chemistry to provide new ways of thinking about cross-examining the forensic analyst in drug cases.
Fundamentals of Toxicology: Essential Concepts and Applications
Provides an overview of the most important concepts, applications and ideas needed to learn the basics of toxicology. In addition to explaining the basic concepts of toxicology, this book gives historical perspective, regulatory requirements and discusses good laboratory practices.
Substance Use Disorders, by Charles Dodgen & Michael Shea
Substance Use Disorders: Assessment and Treatment is a summary of everything a therapist should know about substance abuse in one easy-to-read comprehensive book. The book begins with a discussion of the pharmacology of specific drug classes (opioids, hallucinogens, etc.) and the epidemiology of abuse. It then presents psychological theories of substance abuse, the initiation and progression of substance abuse disorders, issues of prevention and early intervention, and screening and assessment for substance abuse (including specific tests for assessment) and discusses in detail the various treatment methodologies available. Two final chapters explore issues relevant to special populations and legal and ethical considerations, regarding issues such as confidentiality and coerced treatment.
Evidence and Investigation
Adapting to the New Eyewitness Identification Procedures
An authoritative, insider’s perspective on recent breakthroughs in eyewitness interviewing and identification practices. Featuring experts in eyewitness identification procedures from across the country, including law enforcement officials, attorneys, and academics, these leaders guide the reader through the flaws of the current system and recent reforms, such as identifying suspects through sequential display methods as opposed to using simultaneous display, to prevent false identifications. Emphasizing the importance of staying on top of these developments, the authors describe the scientific research behind how witnesses recall information and how this information has driven changes in line-up procedures and witness questioning strategies. From training law enforcement officials to follow these new guidelines to advising attorneys on using this knowledge in the courtroom, these experts explain the changes to eyewitness identification interviews step by step and highlight the reasons behind each change. Additionally, the authors offer their predictions for the future of identification procedures and share advice on how utilizing them can impact a case. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great minds in eyewitness identification research today, as these experts offer up their thoughts around the keys to navigating this evolving legal issue.
Atlas of Sexual Violence 1st Edition by IAFN
The ideal clinical companion for evaluating and documenting sexual violence, Atlas of Sexual Violence reflects the field’s most up-to-date research and clinical practice. It reviews current practices for providing patient care to adolescent and adult victims of sexual violence, and uses diverse photographs to show variances related to race and age. Coverage of wound identification and terminology helps in accurate interpretation, documentation, and courtroom testimony. From the International Association of Forensic Nurses (IAFN) and Tara Henry, a nationally known forensic nursing expert, this book is a durable, portable guide suitable for anyone who deals with cases of suspected sexual assault, including health care providers, social workers, attorneys, and law enforcement personnel.
- More than 250 full-color images of normal and abnormal findings assist in determining causation and accurate identification, interpretation, and documentation of injuries.
- Critical information related to clinical practice is highlighted throughout the text.
- Interpretation of anogenital findings is simplified with coverage of normal anatomy and physiology of the mouth, genitalia, anus, and rectum, as well as anogenital variances not attributable to trauma.
- Unique! Postmortem Sexual Assault Examinations chapter includes the details and photos of this specific examination.
- Photo legends note proper identification and descriptive terminology of injuries, disease, and normal variances.
- Key Terms are highlighted and defined, making it easier for healthcare providers, law enforcement, and legal professionals to use accurate medical forensic terminology for documentation and courtroom testimony.
FIRE AND ARSON INVESTIGATION-Practical Fire and Arson Investigation, Second Edition
Practical Fire and Arson Investigation, Second Edition, written by David R. Redsicker and John J. O’Connor specifically details the basic principles and advanced applied techniques for conducting a thorough fire and arson investigation. This reference has extensive chapters on determining origin and cause, eliminating accidental fire causes, investigating fatal fires and vehicular fires, and documenting the fire/crime scene; fire scene photography using “painting with light”; and covers the importance of evidence preservation and analysis.
Canudo on Evidence: Laws of New York
Outlines the fine points of evidence law and covers a wide range of caselaw in a flowing, narrative style. A list of definitions, a table of cases, a table of statutes, and a comprehensive index all complement this well-organized treatise.
Cell Phone Location Evidence for Legal Professionals
Plain-language guide for attorneys interested in the sources, methods, and evidence used to perform forensic data analysis of call detail records, real-time ping records, and geolocation data obtained from cellular carriers and cell phones.
Criminal Investigation: A Method for Reconstructing the Past
James Osterburg & Richard Ward
In addition to covering the basics of collecting, preserving and presenting evidence, this revision presents the latest developments in the law of evidence that are of interest to criminal justice personnel. Highlights include: chapter outlines, lists of key terms and concepts for each chapter, a glossary, and new, up-to-date cases in Part II.
Eyewitness Identification – A Police Perspective
Ret. Sgt. Paul B. Carrol & Ret. Sgt. Kenneth Patenaude
A best practice and training for law enforcement to reduce the chances of further misidentifications and wrongful convictions. This publication, based on the authors successful training programs, presents a complete overview of the use of Eyewitness Evidence in criminal investigations, the problems that face law enforcement and offer suggestions to overcome those problems.
Eyewitness Testimony Civil and Criminal Cases
James Doyle, Elizabeth Loftus, Jennifer Dysart, Karen Newirth
Provides an introduction to eyewitness testimony with discussions on: factors determining perception; factors determining retention and retrieval of events; recognizing people; evaluating the eyewitness case; jurors’ and others’ beliefs about eyewitness testimony; pretrial proceedings in civil and criminal cases; jury selection; opening statement; direct and redirect examination; cross examination; presenting expert testimony; instructions for the jury; and closing argument
Flawed Convictions “Shaken Baby Syndrome” and the Inertia of Justice
Flawed Convictions: “Shaken Baby Syndrome” and the Inertia of Injustice surveys the scientific, cultural, and legal history of Shaken Baby Syndrom from inception to formal dissolution. It exposes failings in the criminal justice system’s treatment of what is in essence, a medical diagnosis of murder.
Footwear Impression Evidence: Detection, Recovery, and Examination
William J. Bodziak
Describes the methods used worldwide to recover and identify footwear impressions from the scene of a crime.
Gunshot Wounds: Practical Aspects of Firearms, Ballistics, and Forensic Techniques
Vincent J.M. Di Maio
This book describes various gunshot wounds and the weapons and ammunition used to inflict them. It also goes into autopsy procedure and laboratory analysis of weapons and gunshot evidence.
How the Police Generate False Confessions: An inside look at the interrogation room
James L. Trainum
Private consultant and retired Detective James Trainum encourages readers to critically evaluate confessions on their own by gaining a better understanding of the interrogation process. He looks at the inherent coerciveness of the interrogation process and its impact to not only produce false confessions but how it may also corrupt witness and victim statements.
Medicolegal Investigation of Death
Werner U. Spitz and Francisco J. Diaz
“The Bible of Forensic Pathology.” This book will help you understand the details of injuries and how a person was injured and how they died and how injuries that initially seem insignificant can shed new light on a case. There are over 600 case reports and hundred of color photographs. While it covers basic forensic pathology, this updated edition really emphasizes trauma and wound analysis.
New York Confessions 2022 Edition
Written for both lawyers and judges, New York Confessions offers complete coverage of admissibility and exclusion of a defendant’s statements under New York law and is divided into three sections:
- Admissibility and Suppression of a Defendant’s Statement: Part 1 covers the Miranda rule, New York’s right to counsel rules, traditional involuntariness, statements derived from unlawful conduct, and Criminal Procedure Law section 60.45
- Statement Suppression Litigation: Part 2 covers notice requirements under the Criminal Procedure Law, motion papers, responses and orders granting hearings, suppression hearings, burden of proof, courtroom closure, rules of evidence, discovery, reopening of suppression hearings, and appeals from suppression rulings.
- Use of a Defendant’s Statements at Trial: Part 3 covers express admissions, implied and adoptive admissions, admissions by counsel, the rule of fairness, redaction, use of statements made in a courtroom, use of guilty pleas, use of silence, use of suppressed statements for impeachment purposes, and litigation of the voluntariness of a defendant’s statements before the jury.
This handy, resource also includes a timeline setting out the chronological development of the law of confessions.
Practical Aspects of Rape Investigation
Robert R. Hazelwood
Ann Wolbert Burgess
This book aims to present current research findings and new forensic techniques. It is divided into four sections: Section 1 is dedicated to the victims of rape and sexual assault; Section 2 goes into the investigation of these cases; Section 3 deals with forensics and the courts; and Section 4 discusses special populations.
Practical Homicide Investigation
Vernon J. Geberth
Prince, Richardson on Evidence
Richard Farrell, Jerome Prince
Recollection Testimony & Lying in Early Childhood
Clara Stern & William Stern
Based their research on suggestibility, this book traces the development of children’s ability to recollect, recount and testify accurately.
Shooting Incident Reconstruction
Michael G. Haag and Lucien C. Haag
Techniques of Crime Scene Investigation
Barry A.J. Fisher
Provides field-tested techniques and methods for crime scene investigation and crime detection. The book features methods for using lasers and cyanoacrylate fuming in fingerprint detection, procedures for investigating serial murder cases, and health and safety concerns when dealing with toxic reagents and biological evidence. It also presents a new series of cases to demonstrate the importance of physical evidence, as well as 61 new illustrations.
Techniques of Crime Scene Investigation
Barry A.J. Fisher and David R. Fisher
Comprehensive guide to the investigative and technical aspects of crime scene investigation. Examines the concepts, field-tested techniques, and procedures of CSI and includes casework examples and photographs.
Advanced Topics in Forensic DNA Typing: Interpretation
John M. Butler
Covers DNA mixture interpretation and statistical analysis of DNA evidence. There are mixture examples which demonstrate the impact of different statistical approaches have on reporting results.
Advanced Topics in Forensic DNA Typing: Methodology
John M. Butler
Provides the most detailed information written to-date on DNA databases, low-level DNA, validation, and numerous other topics including a chapter on legal aspects of DNA testing to prepare scientists for expert witness testimony. It is comprised of 18 chapters with 4 appendices covering the essential topics of this field with citation to more than 2800 articles and internet resources.
DNA Technology in Forensic Science
National Academy Press
The Evaluation of Forensic DNA Evidence
The National Research Council, Committee on DNA Forensic Science
In 1992 the National Research Council issued DNA Technology in Forensic Science, a book that documented the state of the art in this emerging field. Recently, this volume was brought to worldwide attention in the murder trial of celebrity O. J. Simpson. The Evaluation of Forensic DNA Evidence reports on developments in population genetics and statistics since the original volume was published. The committee comments on statements in the original book that proved controversial or that have been misapplied in the courts. This volume offers recommendations for handling DNA samples, performing calculations, and other aspects of using DNA as a forensic tool–modifying some recommendations presented in the 1992 volume. The update addresses two major areas:
Determination of DNA profiles. The committee considers how laboratory errors (particularly false matches) can arise, how errors might be reduced, and how to take into account the fact that the error rate can never be reduced to zero.
Interpretation of a finding that the DNA profile of a suspect or victim matches the evidence DNA. The committee addresses controversies in population genetics, exploring the problems that arise from the mixture of groups and subgroups in the American population and how this substructure can be accounted for in calculating frequencies. This volume examines statistical issues in interpreting frequencies as probabilities, including adjustments when a suspect is found through a database search.
The committee includes a detailed discussion of what its recommendations would mean in the courtroom, with numerous case citations. By resolving several remaining issues in the evaluation of this increasingly important area of forensic evidence, this technical update will be important to forensic scientists and population geneticists–and helpful to attorneys, judges, and others who need to understand DNA and the law. Anyone working in laboratories and in the courts or anyone studying this issue should own this book.
Convicted by Juries, Exonerated by Science: Case Studies in the Use of DNA Evidence to Establish Innocence after Trial
Edward Connors, Thomas Lundregan, Neal Miller, & Tom McEwen
The principal purpose of the study, initiated in June 1995, was to identify and review cases in which convicted persons were released from prison as a result of posttrial DNA testing of evidence. As of early 1996, researchers had found 28 such cases: DNA test results obtained subsequent to trial proved that, on the basis of DNA evidence, the convicted persons could not have committed the crimes for which they were incarcerated. The study also involved a survey of 40 laboratories that conduct DNA testing. This report does not probe the strengths or weaknesses of forensic DNA technology when applied to criminal cases.3 The discussion of DNA instead is limited
Basic Concepts in Pharmacology
Janet L. Stringer
A complete framework for studying and understanding the fundamental principles of drug actions. The drugs are presented by classes and details exactly what you need to know about each class, and reinforces key concepts and definitions.
Disposition of Toxic Drugs and Chemicals in Man
Randall C. Baselt
“Go-to” reference textbook with the most current and up to date information on poisons, prescription medication, and abused drugs. It is a staple in laboratories around the world.
The Biological Evidence Preservation Handbook: Best Practices for Evidence Handlers
Technical Working Group on Biological Evidence Preservation
Offers guidance for individuals involved in the collection, examination, tracking, packaging, storing, and disposition of biological evidence. Recommendations involved in the physical storing, preserving, and tracking of evidence.
Challenges to Fingerprints
Lyn Haber, Ph.D. And Ralph Norman Haber, Ph.D.
Teaches all about fingerprints: what they are, their use in criminal investigation, techniques used for comparison, training and certification of experts, accuracy and error rates of comparisons, and court challenges to fingerprint evidence.
Collection of Diagnostic Venous Blood Specimens
This standard provides the proper procedures for the collection of diagnostic specimens by venipuncture, including line collections, blood culture collection, and venipuncture in children.
Phlebotomy Essentials, Enhanced Edition 7th Edition
Phlebotomy Essentials, Enhanced Seventh Edition provides accurate, up-to-date, and practical information and instruction in phlebotomy procedures and techniques, along with a comprehensive background in phlebotomy theory and principles.
Forensic Pathology for Police, Death Investigators, Attorneys, and Forensic Scientists
Forensic Pathology for Police, Death Investigators, Attorneys, and Forensic Scientists is a forensic pathology book specifically written for professionals who interact with forensic pathologists. The book includes sections that address various general topics which are not normally present in the typical forensic pathology text, such as descriptions of medical, pathology and forensic pathology training, basic anatomy and physiology, an overview of other forensic science disciplines, and autopsy performance. Forensic Pathology for Police, Death Investigators, Attorneys, and Forensic Scientists also covers classic topics in forensic pathology, including death investigation, death certification, postmortem changes, and the entire range of case types, ranging from natural deaths to drug-related deaths to various types of violent death. The text is written in easy-to-understand language, and is complemented by hundreds of high-quality photographs.
Forensic Pathology in Criminal Cases
Randy L. Hanzlick, Michael A. Graham
This text provides information about forensic pathologists, the specialty field of forensic pathology, pathologic and investigative findings in forensic autopsy cases, and forensic pathology issues that relate to criminal law cases
Psychological Evaluations for the Courts
Gary B. Melton, John Petrila, Normal G. Pythress, Christopher Slobogin
Randy K. Otto, Douglas Mossman, and Lois O. Condie
This text demystifies the forensic psychological assessment process and provides guidelines for participating effectively and ethically in legal proceedings. Presented are clinical and legal concepts and evidence-based assessment procedures pertaining to criminal and civil competencies, the insanity defense and related doctrines, sentencing, civil commitment, personal injury claims, antidiscrimination laws, child custody, juvenile justice, and other justice-related areas.
Forensic Science in Court
Donald E. Shelton
Forensic Science: An Introduction to Scientific and Investigative Techniques
The Forensic Unreliability of the Shaken Baby Syndrome
Randy Papetti, Esq.
This book explores the science, medicine, and law as they relate to shaken baby syndrome (SBS), abusive head trauma (AHT), and their related controversies.
Fundamentals of Forensic DNA Typing
John M. Butler
Examines the methods of current forensic DNA typing with a focus on short tandem repeats (STRs). Explaining the process of DNA testing from the collection of samples through extraction, DNA quantitation, DNA amplification, and statistical interpretation. It looks back and reviews methods of forensic DNA testing used since the early 1980s and offers perspectives on future trends including genetic markers and new technologies.
Fundamentals of Forensic Practice
Richard Rogers and Daniel W. Shuman
Designed to address the critical issues that are faced by mental health experts in their role of conducting assessments, presenting findings, and preparing for challenges to admissibility and credibility.
Fundamentals of Forensic Science
Max Houch & Jay Siegel
Provides current case studies that reflect the ways professional forensic scientists work, not how forensic academicians teach. The book includes the binding principles of forensic science, including the relationships between people, places, and things as demonstrated by transferred evidence, the context of those people, places, and things, and the meaningfulness of the physical evidence discovered, along with its value in the justice system.
Gunshot Wounds Practical Aspects of Firearms, Ballistics, and Forensic Techniques
Vincent J.M DiMario
Describes practical aspects of ballistics, wound ballistics, and the classification of various wounds caused by handguns, rifles, and shotguns. It also explains autopsy techniques and procedures and laboratory analyses relating to weapons and gunshot evidence. A much-needed update after nearly 20 years, the third edition of Gunshot Wounds provides the latest and most thorough information on firearms and best practices for examining firearm-related wounds.
Reference Manual on Scientific Evidence
Federal Judicial Center 2020
A reference to assist judges in managing expert evidence in cases involving issues of science or technology.
Statistical Analysis in Forensic Science: Evidential Value of Multivariate Physicochemical Data
Grzegorz Zadora, Agnieszka Martyna, Daniel Ramos, Colin Aitken
A practical guide for determining the evidential value of physiochemical data. Microtraces of various materials are routinely subjected to physiochemical examination by forensic experts, whose role is to evaluate such physiochemical data in the context of the prosecution and defense propositions. Such examinations return various kinds of information, including quantitative data. From the forensic point of view, the most suitable way to evaluate evidence is the likelihood ratio. This book provides recent approaches to the determination of likelihood ratios and describes suitable software, with documentation and examples of their use in practice.
Strengthening Forensic Science in the United States: A Path Forward
National Research Council
Provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community.
Immigration and Naturalization
Criminal Lawyer’s Guide to Immigration Law: Questions and Answers
This concise guide focuses on the criminal lawyer’s most common questions about immigration law and representing noncitizens, from Who exactly is an alien? to Are removal hearings conducted like criminal proceedings?
Representing Immigrant Defendants in NY
Offers detailed, practical, straightforward, and up-to-date information to help defense attorneys:
• Comply with Padilla obligations when representing non-citizen clients
• Identify potential immigration consequences of specific New York dispositions
• Strategize ways to avoid adverse immigration consequences in criminal cases.
Property and Assets
The Law of Asset Forfeiture
NY Search and Seizure
A comprehensive review of New York law on search and seizure issues. Available in both softbound and looseleaf formats, topics discussed include the Fourth Amendment exclusionary rule, probable cause, street encounters on less than probable cause, law of arrest, search warrants, warrantless searches, motor vehicle stops, suppression motions and hearings, and conduct not covered by the Fourth Amendment.
Clinical Evaluations for Juveniles’ Competence to Stand Trial
A comprehensive guide to forensic clinicians on the special concepts, procedures, and methods necessary to perform these evaluations while taking into account the special challenges associated with identifying juveniles’ capacities and deficits as trial defendants.
Contempt and the Courtroom
Coping with Psychiatric and Psychological Testimony
This highly effective guide is designed to help attorneys differentiate expert testimony that is scientifically well-established from authoritative pronouncements that are mainly speculative. The text provides guidance, tips, and strategies for improving the quality of legal evaluations and testimony, appraising the trustworthiness of experts’ opinions, and as follows, bolstering or challenging conclusions in a compelling manner.
Criminal Practice Handbook
Guides you through a federal and state criminal case from beginning to end. It provides hundreds of proven techniques and contains dozens of checklists, sample motions, and examples that you can tailor to each particular situation.
Criminal Trial Manual 1 & 2
Cross-Examination: Science and Techniques
Larry Pozner and Roger J. Dodd
Evidentiary Privileges. Grand Jury, Criminal and Civil Trials.
Handling a Criminal Case in NY
A step by step guide through each stage of a criminal case, from undertaking representation through arraignment, motion and hearing practice, trial, sentencing, and appeal. Written in a concise outline style, this publication answers virtually any question that may arise, integrating statutes and caselaw with practice tips and views from the bench. The text covers:
• Time limits
• Grand jury and collateral proceedings
• Pleas, defenses, and trial strategy
• Youthful and juvenile offenders
New York Court of Appeals on Criminal Law
A comprehensive summary of the criminal law of New York, as set forth by New York’s highest court, and includes United States Supreme Court decisional law made applicable to the states.
The volume’s 45 chapters cover subjects including appellate practice, confession issues, right to counsel, defenses to crimes, double jeopardy, evidence, guilty pleas, grand jury practice, identification issues, definition and interpretation of all Penal Law offenses, search and seizure, and trial practice.
New York Identification Law
Intended to be a complete resource and research tool for both trial and appellate attorneys and judges, this resource is the first treatise of its kind to offer comprehensive coverage on the legal issues arising before and during trial in identification cases in New York. Offered in both a loose-leaf and softbound format, the publication is divided into two sections: the Wade hearing and the trial. Topical coverage in the Wade hearing section includes criminal procedure law section 710.30, the right to counsel at identification procedures, and identification as fruit of unlawful search and seizure. Topical coverage in the trial section includes constitutional challenges to the in-court identification, evidentiary issues of admissibility, and jury instructions.
NY Family Court Practice
Handle any and all family court matters with the up-to-date information contained in New York Family Court Practice. Coverage includes:
• Procedures dictated by the Family Court Act
• Child protection and domestic violence Paternity and adoption
• Juvenile delinquency
• Child neglect and abuse proceedings
• Persons in need of supervision
• Child custody, visitation, and support
• Termination of parental rights
• Child support
• The role of counsel
An introduction to the New York courts and their jurisdiction. Text covers the statute of limitations, personal jurisdiction, appearance, venue, parties, papers, pleadings, and motion practice. Also discusses accelerated judgment, provisional remedies, disclosure, pretrial incidents, judgment, and res judicata. In addition to expert commentary, footnote citations to leading court decisions are included
NY Pretrial Criminal Procedure
Lawrence Marks, Robert Dean, Mark Dwyer, Anthony Girese
Provides defense attorneys, prosecutors, and judges with an up-to-date and insightful guide to pretrial procedure in New York criminal cases. The book provides exhaustive analysis of the applicable statutes and the extensive body of caselaw interpreting those statutes and rapid answers for disposing of New York criminal actions prior to trial. Topics in this practical work include:
• Jurisdiction and removal
• Double jeopardy
• Preliminary proceedings in local criminal courts
• Bail and recognizance
• Grand jury and indictment
• Competency proceedings
• The Omnibus Motion
• Timeliness of prosecution and speedy trial
• Search warrants and suppression hearings
Each chapter includes samples forms and concludes with a practice summary that highlights major points and issues. Summaries offer cross-references to the sections where topics are discussed.
Relentless Criminal Cross Examination
Kevin J. Mahoney
How to (1) persuasively open with the weaknesses you will expose in the government’s case, and (2) demonstrate those weaknesses through your cross-examinations. Themes, angles of attack, pattern Q&A, and technique tips for cross-examining arresting officers, detectives, toxicologists, medical examiners, eyewitnesses, informants, and accomplices.
Theater Tips and Strategies for Jury Trials
David Ball, Ph.D.
Presents techniques of the stage and screen you can use to win in the courtroom. Ball tells how to use theater concepts to persuade and motivate jurors. He tells attorneys how to look, talk, and act naturally, and to communicate the truth clearly and memorably, so they gain trust and credibility from judges and jurors. Provides practical guidance for voir dire, openings and closings, testimony, and focus groups. He describes what practitioners can learn from actors about their manner, voice projection, and behavior. He explains how to grab the jury from the beginning–just as a good movie opening captures the audience. He details how to prepare your “cast” of witnesses so they testify clearly, credibly, and memorably. He offers advice on telling the story so that it commands attention and motivates jurors to argue for your side.
Trial in Action – Persuasive Power of Psychodrama
Joane Garcia-Colsun, Fredilyn Sison, and Mary Peckham
This book is a step-by-step manual that will help lawyers who are new to psychodrama learn the basic techniques and will help more seasoned lawyers perfect their skills. The book begins with the history of psychodrama in law, then moves on to describe the specific tools and techniques that trial lawyers use. Each instructional chapter gives a “how to,” followed by an example, and finishes with an exercise you can try at home. Finally, the book gives concrete examples of how you can use your newly found psychodrama tools and skills in all parts of a trial, from voir dire to closing.
Vehicle and Traffic
New York DWI Defense Forms
Provides examples of letters, motions, and pleadings applicable at every stage of a DWI case, from arrest through appeal. Forms include a variety of documents and suggested motions.
New York Vehicle and Traffic Law
James M. Rose
Offers practical coverage of the full range of motor vehicle offenses and issues. The author presents strategies for handling violations and discusses trial preparations and tactics – from the client’s initial call to the consequences of conviction.
Understanding DUI Scientific Evidence
Insider’s perspective on the scientific standards and tests used to determine when an individual may be charged with driving under the influence. Featuring leading DUI defense practitioners and experts, this volume guides the reader through the various observable behaviors and technological tests that are utilized as evidence of intoxication in a DUI case and discusses contributing factors that may skew these results. Emphasizing the importance of understanding how pre-existing medical conditions, improper test administration, misinterpretation of results, and mechanical failure can affect driver evaluation and testing, the authors provide case examples and sample court transcripts to illustrate how DUI defense attorneys can overcome inaccurate results to successfully defend a client accused of driving under the influence. From contesting admissibility of evidence and developing a cross-examination strategy to exploring other drugs that cause driving impairment and scrutinizing current breath testing machines and field sobriety procedures, these experts provide a detailed scientific analysis of the evidence used in DUI cases and share advice on countering weak grounds. Additionally, the authors shed light on the role and training of arresting officers, Drug Recognition Experts (DREs), and defense experts in a DUI case.
Garriott’s Medicolegal Aspects of Alcohol
The ultimate textbook on forensic toxicology. The analysis of alcohol is the most frequently performed of all analyses in toxicology laboratories and the litigation of these issues may involve pathologists, physicians, toxicologists, and lab technicians. This reference gets into the science of the alcohol itself, its disposition in the body, discusses physical manifestations of intoxication, postmortem influences, testing procedures, uncertainties of measurements, and the expert witness. A great guide when litigating any case involving alcohol.
NYS Trial Penalty: The Constitutional Right to a Trial Under Attack
This is the 2021 joint report of the NYS Association of Criminal Defense Lawyers (NYSACDL) and the National Association of Criminal Defense Lawyers (NACDL), which are the original publishers and copyright holders. The report shines a light on the nature and breadth of the trial penalty in New York State. All stakeholders and policy makers should take note of the defense bar’s concerns and consider seriously the principles and proposed reforms. The data and the compelling stories recounted in this report should provoke informed debate over the nature and extent of the trial penalty and prompt a reconsideration of whether the palpable erosion of the right to trial is an acceptable feature of the modern criminal legal system.
NYSACDL 2021 Report – NYS Trial Penalty