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Henning, Feller and Henning's
Criminal Pretrial Advocacy, 2d


Criminal Pretrial Advocacy fills a critical gap in the skills training for law students by providing a complete course addressing the pretrial phase of a federal criminal prosecution along with plea negotiation and sentencing. It contains materials to follow cases through all the important steps in a criminal prosecution from the decision to file charges to challenges to the investigative tactics and evidence to plea bargaining. The casebook describes the pretrial process in a federal criminal case by incorporating both a discussion of the rules and procedures in each phase as well as the basic constitutional doctrines related to criminal prosecutions that can arise. This book gives students the substantive foundation to proceed through a Criminal Pretrial Advocacy course by providing a foundation for understanding how each phase of the process unfolds. The casebook, in conjunction with the case files described below, are designed to help students improve their advocacy skills by giving them the opportunity to engage in both writing exercises and court appearances.

The casebook and Teacherís Manual are accompanied by three case files designed to provide students with the opportunity to work with the materials as a prosecutor and defense counsel during the semester. The cases involve drug distribution, mortgage fraud, and sex trafficking. They incorporate a set of agent reports that give the basic factual scenario along with related documents, such as a criminal history of the defendants and interview notes, that can be provided to the students at different points in the semester. An electronic version of the case files is available on this website, and samples of the types of documents in each case file can be found in the Teacherís Manual.

The Teacherís Manual provides the instructor with detailed information about how to structure a Criminal Pretrial Advocacy course and the various issues that will arise as the students progress through the process. It also contains sample rubrics, schedules, and bench memos detailing the legal issues that are likely to be raised in the three case files that can be used in conjunction with the casebook.
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