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Ideas and Answers in Law: Solutions to Common Problems Confronting the Criminal Lawyer
The burden of proof in a prescription drug affirmative defense case
Who bears the burden of proof can be decisive in a dismissal or a guilty jury verdict. Florida has a unique and confusing jury instruction that provides very little guidance as to who bears the burden of proof in a prescription drug case. This chapter remedies that failing.
Concealed carry of a firearm in a vehicle without a permit
In Florida, a concealed weapons permit allows a person to carry a firearm concealed when in a vehicle. But if a person does not have a concealed weapons permit, there is a Constitutional argument that it is still allowed.
Battery by slight touch
Battery is a very common crime. Many States allow a battery crime to be charged when the only act is a slight touch. Sometimes, such as in the case of a battery on a law enforcement officer, this even results in a felony. A deep analysis is required when dealing with these charges.
BB guns as deadly weapons
BB guns are a strange anomaly in the law. Are they deadly weapons? This chapter provides a framework for analyzing whether a bb gun is a deadly weapon.
One witness cases with an under oath contradiction
One witness cases can be very difficult for the defense attorney — especially when there is no corroborating evidence to backup the accusation. The possibility of actual innocence is very high, and the stakes can be life or death for an accused client. This chapter provides a dismissal tool to be used in such cases.
Police narration of a video
Videos are becoming increasingly common in the courtroom. The problem of police narration often stumps the defense attorney. Add to that the use of computer AI in identifying suspects makes the challenge even greater. This chapter describes how to deal with this increasingly common courtroom scene.
A test for applying the good faith exception to defective warrants
A defective warrant holds the promise of dismissal. But usually, the good faith exception all but eviscerates any possibility of remedy. This chapter provides a more rational framework for analyzing the good faith exception.
A citizen guide to police interactions
Citizens do not have the training to deal with police, effectively making any such interactions unfair. This chapter gives an overview of the law as applied to common police citizen encounters.
Arguments against charging inmates for their incarceration
Most States impose a cost of incarceration to inmates who are housed in jails and prisons. This chapter provides a Constitutional, political and moral weapons against these increasingly common fees.
How to present ethical and effective trials: a guide for prosecutors
This three part chapter is new to the second edition. The first part presents a blueprint to prosecutors on how to conduct a fair trial. The second part categorizes common cheats in closing arguments. The third part contains recommendations for curtailing prosecutorial abuse in closing arguments.
The appellate chance of success
Many people believe that appellate Courts regularly overturn jury verdicts. But how common is a reversal in a criminal case? This chapter accurately measures the chance of real success in a criminal appeal.
Who bears the burden of proof can be decisive in a dismissal or a guilty jury verdict. Florida has a unique and confusing jury instruction that provides very little guidance as to who bears the burden of proof in a prescription drug case. This chapter remedies that failing.
Concealed carry of a firearm in a vehicle without a permit
In Florida, a concealed weapons permit allows a person to carry a firearm concealed when in a vehicle. But if a person does not have a concealed weapons permit, there is a Constitutional argument that it is still allowed.
Battery by slight touch
Battery is a very common crime. Many States allow a battery crime to be charged when the only act is a slight touch. Sometimes, such as in the case of a battery on a law enforcement officer, this even results in a felony. A deep analysis is required when dealing with these charges.
BB guns as deadly weapons
BB guns are a strange anomaly in the law. Are they deadly weapons? This chapter provides a framework for analyzing whether a bb gun is a deadly weapon.
One witness cases with an under oath contradiction
One witness cases can be very difficult for the defense attorney — especially when there is no corroborating evidence to backup the accusation. The possibility of actual innocence is very high, and the stakes can be life or death for an accused client. This chapter provides a dismissal tool to be used in such cases.
Police narration of a video
Videos are becoming increasingly common in the courtroom. The problem of police narration often stumps the defense attorney. Add to that the use of computer AI in identifying suspects makes the challenge even greater. This chapter describes how to deal with this increasingly common courtroom scene.
A test for applying the good faith exception to defective warrants
A defective warrant holds the promise of dismissal. But usually, the good faith exception all but eviscerates any possibility of remedy. This chapter provides a more rational framework for analyzing the good faith exception.
A citizen guide to police interactions
Citizens do not have the training to deal with police, effectively making any such interactions unfair. This chapter gives an overview of the law as applied to common police citizen encounters.
Arguments against charging inmates for their incarceration
Most States impose a cost of incarceration to inmates who are housed in jails and prisons. This chapter provides a Constitutional, political and moral weapons against these increasingly common fees.
How to present ethical and effective trials: a guide for prosecutors
This three part chapter is new to the second edition. The first part presents a blueprint to prosecutors on how to conduct a fair trial. The second part categorizes common cheats in closing arguments. The third part contains recommendations for curtailing prosecutorial abuse in closing arguments.
The appellate chance of success
Many people believe that appellate Courts regularly overturn jury verdicts. But how common is a reversal in a criminal case? This chapter accurately measures the chance of real success in a criminal appeal.
285 pages, Unknown Binding
Published January 1, 2022
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