ARTICLE ON JURY SENTENCING IN CAPITAL AND NON-CAPITAL CASES

A recent article by Nancy J. King 'How Different is Death? Jury Sentencing in Capital and Non-Capital Cases Compared' (2 Ohio St. J. Crim. L. 195-214-2004) is based on a recent study of felony jury sentencing in Kentucky, Virginia and Arkansas. There are 2 differences that stand out: In non-capital cases, state judges, prosecutors and legislatorshave incentive to structure state law and practice in order for jury sentencing to serve as a deterrent to jury trial. Secondly, the finality of death penalty has allowed courts to limit constitutional regulation of sentencing to death cases - non-death sentencing left to the states. The author concludes that jury sentencing in non-capital cases will remain unguided and unchanged while efforts are made to fine tune capital punishment.

RECENT ACQUISITIONS OF INTEREST TO TRIAL ADVOCACY

CALL # KF 8915 B425 V.R.
AUTHOR Belli, Melvin M., 1907-
TITLE The Belli tapes [videorecording] : winning at trial.
IMPRINT Austin, TX : Promedion Productions [2004?]

CALL # KF 9646 T39 2004.
AUTHOR Taylor, John B., 1942-
TITLE The right to counsel and privilege against self-incrimination :
rights and liberties under the law / John B. Taylor.
IMPRINT Santa Barbara, Calif. : ABC-CLIO, c2004.

CALL # KF 9625 Z9K87 2004.
AUTHOR Kusha, Hamid R.
TITLE Defendant rights : a reference handbook / Hamid R. Kusha.
IMPRINT Santa Barbara, Calif. : ABC-CLIO, c2004.

CALL # KF9654 .H38 2004.
AUTHOR Herman, G. Nicholas.
TITLE Plea bargaining / G. Nicholas Herman.
IMPRINT Newark, NJ : LexisNexis/Matthew Bender, c2004.

CALL # KFP81 .P4 No.3473.
TITLE Trials I lost... and what I learned : originally prepared for
Trial tactics, tips & techniques 2003.
IMPRINT Mechanicsburg, PA (5080 Ritter Rd., Mechanicsburg 17055-6903) :
Pennsylvania Bar Institute, c2003.

NEW ON WESTLAW

Database Name: Federal Trial Handbook: Civil

Database Identifier: FEDTRHB-CIV

Coverage
Current through 2004 Revision
Content Highlights:

The Civil volume of the Federal Trial Handbook provides a thorough and authoritative treatment of the issues and problems that confront a practitioner in preparation and conduct of a civil trial in federal court.

This database: provides quick, accurate answers to the legal questions that arise during civil trials and serves as a useful tool in preparing for trial and in preparing posttrial motions and appeals.

What's New In The 2005 revision of Federal Trial Handbook: Civil, Fourth Edition:
Judge Robert S. Hunter has updated the Federal Trial Handbook: Civil with coverage of additional court of appeals decisions dealing with questions that arise during federal civil trials

TRIAL TEAM WINS THE REGIONALS-- 17th TITLE IN A ROW

Report from Prof. Oldbaum.

This past weekend, Temple's National Trial Team successfuly defended its Region XII championship title at the Criminal Justice Center in Philadelphia. It was Temple's 17th consecutive regional championship-an unparalleled national achievement. The team of Eileen Monaghan (3L) and Justin Oshana(2L) defeated teams from Dickinson, Duquesne, Penn, Rutgers-Newark, Villanova, Widener-Delaware, and Widener-Harrisburg in taking top honors. Eileen Monaghan was awarded the John J. Scott Memorial Plaque as "Best Advocate in the Final Round."

In a double bracketed competition, a second team of Donte Mills (3L) and Matt Sauerwald (3L) finished a regional finalists, losing a close final round to Dickinson.

The tournament was sponsored by Temple's LL.M in Trial Advocacy Alumni Association and directed by Carrie Cinquanto, Director of the LL.M. Program and administrated by Mary Beth Wilson, Program Co-ordinator, Dept. of clinical Legal Education & Trial Advocacy.

The Team travels to San Antonio, Texas on March 30 to compete for the National Championship against the twenty-four winners and runners-up from the twelve other regional contests. Temple has won the national championship in three and placed in the final four in five out of the last ten years. The teams are coached by Professor Cary Bricker, Director of Trial Advocacy Programs and Elizabeth Lippy, Esq (Trial Team '03)(Rubin, Glickman & Steinberg).

RECENT ARTICLE ON TRIAL PRACTICE AND PROCEDURE

There is a recent article in 56 Mercer Law Review 433-456(2004) by Jason L. Crawford et al. titled 'Trial practice and procedure.' This article discusses Georgia judicial decisions regarding damages, immunity, jurisdiction and venue, evidence, jury instruction as well as Georgia statutory law affecting trial practice and procedure.

HOW TO MAKE AN IMPACT WITH YOUR PRESENTATION

There is an article in 'Legal Intellgencer', Feb 2, 2005 by Brian R. Harris which discusses equipment for powerful presentations. Geared for the small law firm, the author suggests a good digital camera with details of specifications.
Moving pictures with a digital camcorder is even more effective to capture the impact of an accident scene or witness interview. The next stop would be a comcorder that can transfer to DVD.
Transferring to the PC through built in programs such as Window XP Professional and MAC OS X is discussed. There is always PowerPoint and the author gives further details regarding projection.

RECENT ACQUISITIONS OF INTEREST TO TRIAL ADVOCACY

CALL # KF8924 .O29 2004.
AUTHOR O'Connor, Thomas J., 1950-
TITLE The lawyer's guide to summation / Tom O'Connor.
IMPRINT Chicago, Ill. : ABA Law Practice Management Section, c2004.

CALL # KF 8935 Z9 F747 2004.
AUTHOR Friedland, Steven I.
TITLE Evidence law and practice / by Steven I. Friedland, Paul Bergman,
Andrew E. Taslitz.
IMPRINT Newark, NJ : LexisNexis, c2004.

CALL # PN4181 .A6 2001 S.R.
TITLE Argumentation [sound recording] : the study of effective
reasoning / Professor David Zarefsky.
IMPRINT Chantilly, VA : Teaching Co., c2001.

CALL # KFP81 .P4 No.3865.
TITLE Effective advocacy in the federal appellate courts.
IMPRINT Mechanicsburg, Pa. (5080 Ritter Rd., Mechanicsburg 17055-6903) :
Pennsylvania Bar Institute, c2004.

CALL # KF8920 .P68 2004.
AUTHOR Pozner, Larry S.
TITLE Cross-examination : science & techniques / Larry S. Pozner, Roger
J. Dodd.
IMPRINT Newark, NJ : LexisNexis/Matthew Bender, c2004.

CALL # KFP530 .S75 2005.
AUTHOR Stefanoni, Lisa.
TITLE Pennsylvania civil practice handbook : state and federal courts /
by Lisa Stefanoni.
IMPRINT Philadelphia, PA : George T. Bisel, c2005.

CALL # KFP81 .P4 No.3937.
TITLE Trial tactics, tips & techniques.
IMPRINT Mechanicsburg, Pa. (5080 Ritter Rd., Mechanicsburg 17055-6903) :
Pennsylvania Bar Institute, c2004.

CALL # KF8915 .T384 2005.
AUTHOR Mauet, Thomas A.
TITLE Trials : strategy, skills, and the new power of persuasion /
Thomas A. Mauet.
IMPRINT New York, NY : Aspen Publishers, c2005.

CALL # K184 .J83 2004.
TITLE Judges say the darndest things / compiled by Fred Shackelford.
IMPRINT Buffalo, NY : William S. Hein, 2004.