Basic Trial Techniques for Prosecutors

Every attorney and every case is unique; there are very few hard and fast courtroom techniques and strategies. You must develop your own style and adapt your strategy to each individual case. However, there are maxims or guidelines you should consider in developing your own style and strategies. This monograph is designed to assist you to make appropriate, informed decisions ,by providing differing perspectives, examples and tips.

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The Drug Evaluation and Classification (DEC) Program

INTRODUCTION:

The DEC program is employed by hundreds of law enforcement agencies at the local, state and federal levels and by private industry. In addition, the program is endorsed by numerous civilian associations and organizations.

To successfully explain the evidence and issues to jurors in Driving Under the Influence of Drugs (DUID) and DRE cases, prosecutors must understand the basics of the DEC Program. This publication is designed to provide prosecutors with a basic understanding of the drug evaluation and classification process.

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Drug Toxicology for Prosecutors

INTRODUCTION: A Horse of a Different Color

Drug impaired drivers kill and maim thousands of people each and every year in the United States. Unfortunately, prosecuting drug-impaired drivers is a daunting task. Jurors, who are very familiar with alcohol’s effects, signs and symptoms, often know little or nothing about other drugs. Tainted by crime shows like CSI: Miami, they may have unrealistic expectations about the nature and quantum of available proof. Unlike alcohol, most states do not have “per se” limits for drugged driving.

To successfully explain the evidence and issues to jurors in Driving Under the Influence of Drugs (DUID) cases, prosecutors must understand the basics of drug toxicology.This publication is designed to provide prosecutors with a basic understanding of drug pharmacology and testing.

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Alcohol Toxicology for Prosecutors

INTRODUCTION: USING THE SCIENCE OF TOXICOLOGY AS A SWORD

This publication serves as a guide to the basic principles of toxicology and the role of experts in this science. Patrick Harding, Toxicology Section Supervisor in the Wisconsin State Laboratory of Hygiene, brings to these pages more than 25 years of experience in the field of Forensic Alcohol and Other Drugs and on the Board of Directors of the International Association for Chemical Testing. He has testified in more than 500 cases and garnered a national reputation as a lecturer to law enforcement officers and prosecutors.

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Crash Reconstruction Basics for Prosecutors

INTRODUCTION: MAKING TOUGH DECISIONS

This publication serves as a primer for prosecutors on the basic science, investigative techniques and what questions to ask. Thanks to Professor John Kwasnoski, author and nationally-recognized expert on crash reconstruction, much of the mystery, myth and mathematical phobias surrounding this material will be dispelled.

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Horizontal Gaze Nystagmus - The Science and the Law: A Resource Guide for Judges, Prosecutors and Law Enforcement

This comprehensive publication provides you with an understanding of HGN and its use to detect impairment due to alcohol and certain other drugs. This resource guide explains: how HGN correlates to alcohol and certain other drugs, how it differs from other types of nystagmus and how HGN's reliability has been tested and established in the courts. This guide assists prosecutors to successfully establish the scientific reliability of HGN under the Frye or Daubert standard and provides a comprehensive source of HGN case law from across the country. In addition, the guide contains a bibliography of research studies and articles regarding HGN, as well as, predicate questions for use with police officers, SFST instructors, optometrists, emergency room physicians and research psychologists.

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Between the Lines

The National Traffic Law Center's quarterly newsletter, Between the Lines, highlights current issues, events and resources pertaining to the enforcement, prosecution and adjudication of highway safety laws. (No charge)

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Breath Testing for Prosecutors

INTRODUCTION

Law enforcement officers and prosecutors around the world rely on breath alcohol testing to investigate and/or prove their DUI and DWI cases. They use preliminary breath testing devices (also known as pre-arrest breath testing devices or “PBTs”) and passive alcohol screening devices to identify impaired drivers, evidential breath testing devices (EBTs) to prove their guilt, and ignition interlock devices to ensure that they do not drive under the influence again. These devices share similarities in sampling and, to some degree, in the analytical methods they use. All of them are capable of producing reliable results. However, EBTs are held to much higher administrative standards than screening devices; and are subjected to strict administrative controls and safeguards, including regular inspections and accuracy checks. This paper addresses EBTs only.

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Prior Convictions in Impaired Driving Prosecutions

INTRODUCTION

According to the National Highway Traffic Safety Administration (NHTSA) “approximately 1.4 million drivers were arrested in 2001 for driving under the influence of alcohol or narcotics.

In a perfect world, a prosecutor could type in the defendant’s name and date of birth and instantly discover the person’s entire driving record, including any prior convictions for DWI. However, in the real world, prosecutors often search numerous locations to determine whether a prior conviction exists, and if it does, where and when it occurred.

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Overcoming Impaired Driving Defenses

INTRODUCTION: The Art of Anticipating Defenses

Many prosecutors may bristle at an analogy which reduces the criminal justice system to a steeplechase, but this analogy speaks an obvious truth. To successfully prosecute hard core impaired drivers, prosecutors must clear statutory and constitutional hurdles. Prosecutors must demonstrate that every element of the crime has been established beyond a reasonable doubt and that none of the defendant’s constitutional rights were violated.

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Admissibility of Horizontal Gaze Nystagmus Evidence

INTRODUCTION: THE BEST FIELD SOBRIETY TEST

The HGN test is admissible in a majority of courtrooms in the country. The foundational hurdles placed before prosecutors in many jurisdictions are high, but prosecutors must be willing to fight for HGN’s admissibility.

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This publication is currently out-of-print.

Second Edition

Prior Convictions DUI Prosecutions

This invaluable publication eases the burden of obtaining the documentation necessary to prove prior DUI convictions from other states. Prior Convictions in DUI Prosecutions contains all the information needed to obtain certified copies of prior DUI convictions quickly and easily, including: how to obtain out-of-state driving records showing prior convictions; how to obtain certified copies of conviction from convicting courts; case citations interpreting DUI laws from other states; and text of DUI statutes from every state from 1999-2005.

Please contact LEXIS Law Publishing at 800-562-1197 for price and order information.