Rule-Out Method of Criminal Defense

David Ballhas guided criminal defense and civil plaintiff ’s cases for 32 years, including on more than 50 capital cases. He’s written four bestselling advocacy books, teaches CLEs and public defenders’ offices and the JAG Corps at Camp Lejeune and Fort Bragg, and taught for Federal District 1 judges. Trained in science, engineering, and research, he’s also spent a large part of his career in professional theater as a director and playwright, and his theater students have gone on to win Oscars, Emmys, and Tonys. He received NCAJ’s Charles L. Becton trial advocacy teaching award and taught at such law schools as Duke (Senior Lecturer), the University of North Carolina, Campbell (Adjunct), Loyola (Los Angeles), and the University of Minnesota. He’s been part of a research project into criminal juror decision-making funded in part by the National Science Foundation (NSF) and conducted by Duke University’s Institute for Brain Sciences (DIBS).

“This book is a game changer. It will change your approach to trials, our profession, and the fate of countless defendants. It brings defense advocacy back to its intended strengths.” —Richard S. Jaffe. Jaffe, Hanle, Whisonant & Knight, P.C., Founding and Senior Partner, Birmingham, Alabama

• Table of Contents:ForewordPrefaceAcknowledgementsPart 1: Concept and PrinciplesWhat is RuleOut?RacismThe WarningBurden Shiftingand Lesser Included Defenses by Richard S. JaffThe Art andCraft of Reasonable DoubtsForensics andJunk ScienceReasonableDoubt and Law by Elliot AbramsPart 2: Rule Out in PracticeVoir DireOpeningStatement by Shannon TuckerDirectExaminationCross-ExaminationClosingArgumentFocus Groups byArtemis MalekpourReasonableDoubts in Sex Crime Cases by Susan Seahorn BibliographyAbout the Author and ContributorsIndex