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Judge Herbert Stern is a legend in the trial bar. Stern served from 1962 to 1965 as an Assistant District Attorney in Manhattan, during which he participated in the investigation of the assassination of Malcolm X. He went on to become the U.S. Attorney for the District of New Jersey. He handled several major corruption and organized crime trials in New Jersey. By age 36, Stern had prosecuted eight mayors, two secretaries of state, two state treasurers, two powerful political bosses, a U.S. congressman and 64 other public officials, inspiring the book “Tiger in the Court.”
His judicial service is best remembered for the unique case of United States v. Tiede, an airline hijacking prosecution that was the sole case ever tried in the United States Court for Berlin, over which Stern was specially designated to preside by selection of the U.S. Department of State. The case was made into the movie “Judgment in Berlin.”
He went on to serve as special counsel for the Iran-Contra indictments against former Lt. Col. Oliver North. Stern continues to practice today, and is the subject of the recent book Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won.
Prior to the start of Trial Guides, Stern’s litigation book set Trying Cases to Win was considered by many lawyers to be the finest book series on trial advocacy ever written. This five book set covered each part of trial in depth. That five book set is now out of print, but Stern consolidated the five book series into one book with co-author Steven A. Salzburg of George Washington University Law School. Through a distribution agreement with the ABA, Trial Guides brings you this important litigation text.
- Preface
- Introduction
- About the Authors
- Acknowledgments
- Introduction
- Rule I: Personal Advocacy
- Rule II: One Central Theme
- Rule III: Make the Case Bigger Than Its Facts
- Four Laws: Primacy, Recency, Frequency, and Vividness
- Opening Argument-Not Opening Statement
- Problems to Confront in Openings
- The Form of the Opening
- Final Considerations in Opening
- Application of the Principles
- The Purpose of Direct Examination: To Argue Your Case
- Two Direct Examinations
- Witness Preparation and Delivery
- Making a Witness Invulnerable to Cross-examination
- Exhibits
- Cross-examination: Purpose, Methods, and Techniques
- Three Tools of Cross-examination
- Applying the Principles
- Expert Witnesses
- Closing Arguments
- Preparing and Delivering a Closing Argument
- Index