Contemporary Prosecution Strategies and Techniques

Author: (USA) Robert Rubert / Wang Jinxi and others
Publisher:
Publish Date: 2005-01-01
Features: "Contemporary Advocacy Strategies and Techniques" set the standard for advocacy technique textbooks when it was first published in 1993. After revision and expansion in 1997, this classic textbook is now adopted by over 75 law schools in the United States for advocacy courses. "Contemporary Advocacy Strategies and Techniques" (Law School Edition) provides a comprehensive introduction to trial law, strategy, and techniques. In this book, Professor Rubert offers compelling guidance on how law students can effectively advocate with clear and concise language. Adversarialism is one of the main characteristics of the Anglo-American adversarial system of litigation. Lawyers for both sides of the case play a dominant role in presenting evidence and investigating the facts. The renowned British judge Lord Devlin once pointed out: "The British believe the best way to uncover the truth is to let each party search for facts that help prove the truth: they will bring all the facts to light. Two biased searchers starting from either end of the field are more likely to miss nothing than one impartial searcher starting from the middle." Therefore, in litigation, especially in the investigative phase of evidence, both the prosecution and defense play a leading role. They bear the primary responsibility for discovering, selecting, and presenting evidence. Professor Herman, a German litigation scholar, also noted: "In adversarial trials, the determination of the truth can be called experimental and competitive. It upholds democratic values not only because the case is decided by a jury but also because the two main parties compete on equal footing before the judge. In adversarial trials, the relatively active role of the defense is a result of the liberal philosophy of the right to self-defense." However, the full and active fulfillment of the role of lawyers in adversarialism depends on both technical training and ethical guidance. The absence of either can hinder the functioning of adversarialism. This book is a classic work by Professor Steven Rubert, with multiple editions in countries such as Israel and Canada. With concise and fluent prose, he explores the advocacy strategies, techniques, and ethical issues of litigation lawyers. Today, as China's judicial reform deepens and the value of procedural law becomes increasingly prominent, this book undoubtedly holds significant reference value for the professional training of Chinese lawyers.