Joe Dane is a criminal defense attorney and he will teach a course entitled “Criminal Law From an Ex-Prosecutor’s Perspective” at Solo Practice University™.
Joe is a criminal defense attorney and solo practitioner in Southern California. He was a prosecutor for twelve years, handling all types of criminal cases ranging from misdemeanor driving under the influence, theft and assault cases to felony sex offenses, major drug trafficking organizations, three strikes and homicide cases. Joe focused on sex crimes, including rape, child molestation and child pornography cases for six years.
Before attending law school, Joe was a Reserve Deputy Sheriff, working uniformed patrol for the Los Angeles County Sheriff’s Department. With his law enforcement background and having been named Prosecutor of the Year twice, Joe has taught extensively. He currently teaches all aspects of criminal law, including laws of arrest, search and seizure (Fourth Amendment) law and the law of Miranda at a California state-approved police academy. He has also has instructed for the California District Attorney’s Association on the topics of jury selection, trial tactics and crimes against children. He has written training manuals and conducted in-house training for two DA’s offices.
To learn more, visit Joe’s website or read his blog.
Syllabus
Introduction
Getting cases
Panel/appointed cases
Referrals
Networking
Assessing cases based on what your client tells you/setting fees
Weeding through the B.S.
Spotting the issues
“The rule of three”
How to think like the prosecutor
Reading police reports
Elements
Issue-spotting
Search & Seizure
Miranda
Arrest
Identification
Better yet – how to outthink the prosecutor
The prosecutor’s view…. Plus.
Using your client to help analyze the case
What can you do for your client?
Get the DA to not file charges
Get the DA to file lesser charges
Arrange surrender/bail
Where are you headed with this case? Pick a strategy.
Client interaction
Fight, settle or a combination?
Negotiating with the DA
You know your case is going to trial – a different approach altogether.
Trial tactics
The magic of weaving law, style and theatrics to your advantage
Jury selection
Who do you want? Do you know?
Your “ideal” juror – what you think
Your ideal juror – who they really are
The art/strategy/purpose of voir dire
Educating the jury
Indoctrinating the jury
Winning over the jury
And of course, picking who’ll hear the case
Innocent until proven guilty? Not in the jurors minds.
Discussing the presumption of innocence
Juror challenges
For cause
Opening statement
Reserving, giving, waiving?
Style
Content
Teasing (yet still pleasing) the jury
Cross-examination
To ask or not to ask . . .
If you ask:
Styles of cross examination
Confrontational
The low key
The Perry Mason
Dismissive
If you don’t:
Have a good reason
Use it to your advantage
The defense case – is there one?
Tactical decisions
Calling any witnesses
Calling your client to the stand
Risk/benefit analysis
Client preparation
Closing argument
First – watch, listen & learn from the prosecution
Responding to the prosecution
Baiting the prosecution
Making the jurors think & speak for you
Style
Movement
Technology in the courtroom
PowerPoint closing arguments
Sentencing
Sorry about the conviction. Now what?
Effective sentencing arguments
Some other twists
DNA
Overview of DNA testing
Population Statistical Analysis for Dummies
Tactical considerations in DNA cases
Sex crimes
Crimes against children
Pornography
Indecent exposure
Rape
Priors, admissions and bifurcation