Trial Manual for Defense Attorneys in Juvenile Delinquency Cases

By Randy Hertz, Martin Guggenheim, & Anthony G. Amsterdam

2021 Edition

This Manual is intended as a guide for juvenile defense attorneys, and provides a detailed chronological examination of each step in handling a delinquency case.


Table of Contents

Chapter 1 – The Nature, Purpose, and Structure of the Manual

Chapter 2 – Introduction to Delinquency Practice: The Role of Defense Counsel

Chapter 3 – Representing Clients Before Initial Hearing; Steps To Take if a Client Is at the Police Station or Is “Wanted” by the Police

Chapter 4 – The Initial Hearing: Prehearing Interview; Arraignment; Pretrial Detention Arguments; Probable-Cause Hearing

Chapter 5 – The Client Interview

Chapter 6 – Case Planning: Deciding What Things To Do To Prepare for Trial and the Order in Which To Do Them

Chapter 7 – Selecting and Drafting Motions: Strategic and Practical Considerations

Chapter 8 – Defense Investigation

Chapter 9 – Pretrial Discovery

Chapter 10 – Preparing for a Motions Hearing or Trial: Selecting, Subpoenaing and Preparing Witnesses; Preparing Real or Demonstrative Evidence

Chapter 11 – Retaining and Working with Expert Consultants and Potential Expert Witnesses

Chapter 12 – Representing Clients Who Are Mentally Ill or Intellectually Disabled

Chapter 13 – Transfer or Waiver to Adult Court

Chapter 14 – Guilty Pleas

Chapter 15 – Defense Motions To Advance or for a Continuance; Motions To Dismiss for Want of Prosecution; Speedy Trial Motions

Chapter 16 – Motions Hearings; Motions Arguments

Chapter 17 – Motions To Dismiss the Charging Paper

Chapter 18 – Motions for Severance (or Consolidation) of Counts or Respondents

Chapter 19 – Motions for Diversion, ACD, Stetting

Chapter 20 – Motion for a Change of Venue; Motions for Recusal of the Judge

Chapter 21 – Election or Waiver of Jury Trial; Motions Relating to the Jury

Chapter 22 – Suppression Hearings

Chapter 23 – Motions To Suppress Tangible Evidence

Chapter 24 – Motions To Suppress Confessions, Admissions, and Other Statements of the Respondent

Chapter 25 – Motions To Suppress Identification Testimony

Chapter 26 – Interlocutory Review of Pretrial Rulings by Means of Prerogative Writs

Chapter 27 – Trial: General Characteristics; The Opening Stage

Chapter 28 – Selecting the Jury at Trial: The Voir Dire

Chapter 29 – Opening Statements

Chapter 30 – Evidentiary Issues that Are Likely to Arise at Trial

Chapter 31 – Handling Prosecution Witnesses

Chapter 32 – Motion for Acquittal (The “Prima Facie Motion”)

Chapter 33 – Presenting the Case for the Defense

Chapter 34 – Objections to Evidence; Motions for Mistrial; Proffers; Rulings on Evidentiary Questions

Chapter 35 – The Closing Stage of a Bench Trial: Renewal of the Motion for Acquittal; Closing Argument

Chapter 36 – The Closing Stage of a Jury Trial: Renewal of the Motion for Acquittal; Closing Argument; Jury Instructions; The Jury’s Deliberations and Verdict

Chapter 37 – Postverdict Proceedings

Chapter 38 – Dispositions

Chapter 39 – Appeal and Post-Disposition Proceedings

Table of Authorities

Index of Subjects