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Criminal Law

: Law Of Criminal Defense

Jury selection before a USMJ is a lawyer's tactical decision

By John Wesley Hall, Jr.

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§ 9:32 n. 8 Jury selection before a U.S. Magistrate Judge rather than an Art. III District Judge is a tactical decision reserved to counsel. Gonzalez v. United States, 2008 WL 2001954 (May 12, 2008): Giving the attorney control of trial management mattersis a practical necessity. “The adversary process could notfunction effectively if every tactical decision required client approval.” Taylor v. Illinois, 484 U. S. 400, 418 (1988). The presentation of a criminal defense can be a mystifying process even for well-informed laypersons.This is one of the reasons for the right to counsel. See Powell v. Alabama, 287 U. S. 45, 68–69 (1932); ABA Standards for Criminal Justice, Defense Function 4–5.2, Commentary, p. 202 (3d ed...continue to full post

Full post as published by Law Of Criminal Defense on May 13, 2008 (boomark / email).

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