Trial Advocacy and Criminal Defense Practice
Core concepts
Understand trial structure: opening statement, presentation of evidence, examination of witnesses, closing argument, and judgment. Learn to build a theory of the case and a theme that runs through every stage. Study direct examination (open questions, witness control) and cross-examination (leading questions, impeachment by prior inconsistent statement, bias, and character for truthfulness). Know the rules on objections and preserving issues for appeal. Learn the mechanics of a defense: challenging the prosecution's evidence, presenting alibi or justification, and arguing mitigation at sentencing. Understand the client interview, case file management, and the duty to investigate.
Traps
Questions test whether an objection was timely and on the correct ground; an objection on the wrong ground may be waived. Another trap is the opening statement - it is not argument and must not contain facts the evidence will not support. Watch for questions on leading questions on direct examination: generally improper except for hostile witnesses or preliminary matters.
Rule of thumb
For any advocacy question, apply the "theory-theme-evidence" chain: Does the action advance the defense theory? Is it consistent with the theme? Is it supported by admissible evidence? If any link breaks, reconsider the tactic.
Worked example
On cross-examination, counsel asks, "You never saw my client that night, did you?" This is a leading question, proper on cross. On direct, the same question would be improper unless the witness is hostile.