Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Victims in Criminal Procedure

Victims in Criminal Procedure
Author: Douglas E. Beloof
Publisher:
Total Pages: 856
Release: 2006
Genre: Law
ISBN:

In the new and revised 2005 edition of this outstanding casebook, authors Professor Doug Beloof, Judge Paul Cassell, and victims attorney Stephen Twist review the expanding role of the crime victim in criminal procedure. Crime victims law has been neglected in the education of law students even though it represents the single greatest revolution in criminal procedure in the last twenty years. The book addresses that neglect and provides lively and provocative materials about how victims fit into the contemporary criminal justice process. The casebook examines the role of the crime victim from the early stages of the criminal process (investigation and charging) through pre-trial discovery, plea bargaining, trial, and sentencing. The book includes not only recent caselaw concerning crime victims' rights, but also law review articles, victim impact statements, and other interesting materials. The authors provides the perfect set of reading materials for a full course on victims law, a seminar style discussion class, or supplemental materials for a conventional criminal procedure course. A teacher's manual will be available.

Understanding Criminal Procedure: Investigation

Understanding Criminal Procedure: Investigation
Author: Joshua Dressler
Publisher:
Total Pages: 0
Release: 2010
Genre: Criminal procedure
ISBN: 9781422426784

The fifth edition of Understanding Criminal Procedure is new in many respects. Most significantly, it has been enlarged to two volumes. The first volume is intended for use in criminal procedure courses focusing primarily or exclusively on police investigatory process. Such courses are variously titled: Criminal Procedure I; Criminal Procedure: Investigation; Criminal Procedure: Police Practices; Constitutional Criminal Procedure; etc. Because some such courses also cover the defendant's right to counsel at trial and appeal, the first volume includes a chapter on this non-police-practice issue. (The latter chapter is also included in Volume Two.) The second volume of Understanding Criminal Procedure covers the criminal process after the police investigation ends, and the adjudicative process commences. This book is useful in criminal procedure courses (variously entitled Criminal Procedure II; Criminal Procedure: Adjudication; etc.) that follow the criminal process through the various stages of adjudication, commencing with pretrial issues — such as charging, pretrial release and discovery — and continuing with the trial itself and then post-conviction proceedings: sentencing and appeals. Understanding Criminal Procedure is primarily designed for law students. The authors have written the Text so that students can use it with confidence that it will assist them in course preparation, and professors can recommend or assign the volumes to students with confidence that they will improve classroom dialogue. Based on comments that the authors received in the past from students and professors alike, they predict that this new, expanded edition of Understanding Criminal Procedure will serve the needs of students and professors even better. Also, based on the experience of prior editions, including citations to this Text in scholarly literature and judicial opinions, we are confident that the two volumes will prove useful to scholars, practicing lawyers, and courts. Understanding Criminal Procedure covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out; and some of the hottest debates in the field are considered in depth and, we think, objectively. Readers should find the Text user-friendly. Students who want a thorough grasp of a topic can and should read the relevant chapter in its entirety. However, each chapter is divided into subsections, so that readers with more refined research needs can find answers to their questions efficiently. The authors also include citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics. And, because so many of the topics interrelate, cross-referencing footnotes are included, so that readers can easily move from one part of the Text to another, if necessary.

Evidence in International Criminal Trials

Evidence in International Criminal Trials
Author: Mark Klamberg
Publisher: Martinus Nijhoff Publishers
Total Pages: 600
Release: 2013-03-27
Genre: Law
ISBN: 900423652X

In Evidence in International Criminal Trials Mark Klamberg compares procedural activities relevant for international criminal tribunals and the International Criminal Court, including evaluation, collection, disclosure, admissibility and presentation of evidence. The author analyses what objectives are recognized in relation to the aforementioned procedural activities and whether it is possible to establish a priority between them. The concept of “robustness” is introduced to discuss the quantity of evidence in addition to concepts that deal with quality. Finally, the exclusion of every reasonable hypothesis of innocence method is examined as one of several analytical steps that may contribute to the systematic evaluation of evidence. The book seeks to provide guidance on how to confront legal as well as factual issues.

Personal Participation in Criminal Proceedings

Personal Participation in Criminal Proceedings
Author: Serena Quattrocolo
Publisher: Springer
Total Pages: 0
Release: 2019-02-18
Genre: Law
ISBN: 9783030011857

This book presents a comprehensive analysis of personal participation in criminal proceedings and in absentia trials. Going beyond the accused-centred perspective of default proceedings, it not only examines the consequences of absence in various types of criminal proceedings, but also the fair trial safeguards allowing personal contributions during trials, as well as in pre-trial inquiries, higher instances and transborder procedures. By pursuing an interdisciplinary approach and employing comparative-law methodologies, the book presents a cross-section of twelve European criminal justice systems with regard to the requirements set forth by constitutional, international and EU law.

Abuse of Process and Judicial Stays of Criminal Proceedings

Abuse of Process and Judicial Stays of Criminal Proceedings
Author: Andrew L.-T. Choo
Publisher: Oxford University Press, USA
Total Pages: 258
Release: 1993
Genre: Criminal procedure
ISBN:

This book is about the judicial discretion to stay criminal proceedings, and is the first full-length monograph to be published in England on the topic. It presents a fresh perspective on the discretion under consideration by setting the discretion against the general backdrop of the law of criminal evidence. In recent times, a number of evidence scholars have demonstrated persuasively that every exclusionary rule and exclusionary discretion in the law of criminal evidence can be explained by reference to the protection of the innocent from wrongful conviction and/or the protection of the moral integrity of the criminal process. It is demonstrated in this book that the judicial discretion to stay criminal proceedings can, and should, be viewed in the same way. A comparative perspective is adopted where appropriate, with particular reference being made to the jurisdictions of Canada, Australia, New Zealand, Ireland, and the United States.

Criminal Procedures

Criminal Procedures
Author: Marc L. Miller
Publisher: Aspen Publishing
Total Pages: 660
Release: 2023-02-01
Genre: Law
ISBN: 1543859143

Criminal Procedures: Prosecution and Adjudication, by Marc Miller, Ronald Wright, Jenia Turner, and Kay Levine, focuses on the interactions among multiple institutions in shaping the law of Criminal Procedure, bringing state courts, legislatures, prosecutor offices, and public defenders into the picture alongside the U.S. Supreme Court. Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. In Criminal Procedures: Prosecution and Adjudication: Cases, Statutes, and Executive Materials, the highly respected author team presents a student-friendly, comprehensive survey of the laws and practices at work between the time a person is charged and the moment when the courts hear an appeal after the offender’s conviction and sentence. In the Sixth Edition, the authors retain the vitality and contemporary approach of the book with an updated selection of cases, statutes, and office policies. Covering in detail the “bail-to-jail” portions of the criminal process, this casebook features extensive use of documents from multiple institutions including U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and prosecutorial policies; a real-world perspective that focuses on high-volume issues of current importance to defendants, lawyers, courts, legislators, and the public; interdisciplinary examination of the impact that different procedures have on the enforcers, lawyers, courts, communities, defendants, and victims; points of comparison between U.S. practices and the systems at work in other countries; and frequent use of Problems to give the instructor options for applying concepts and doctrines in realistic practice settings. New to the 7th Edition: Coverage of declination and plea negotiation policies in the offices of “progressive prosecutors.” Enhanced coverage of the operation of state speedy trial statutes in high-volume courts. Fresh evaluation of historical trends and current practices in plea bargaining. Coverage of recent rulings of the U.S. Supreme Court on jury selection and unanimous jury verdicts. Professors and students will benefit from: Materials that support class discussion, including criminal justice actors beyond the nine Justices of the U.S. Supreme Court: the vision is “street-level federalism.” Materials that give students a nuanced portrait of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends. Supporting website that offers exemplar documents, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit. Emphasis on high-volume practical issues in criminal procedure instead of intricate but rarely-encountered questions. Intuitive organization – tracking the typical order of events in criminal court – that makes it easy to see connections among different areas of the law.

Criminal Procedure

Criminal Procedure
Author: Jerold H. Israel
Publisher: West Academic Publishing
Total Pages: 580
Release: 2001
Genre: Law
ISBN:

Intended for use by law students of criminal procedure. It is a succinct analysis of the constitutional standards of major current significance. This is not a text on criminal procedure, but rather about constitutional criminal procedure. It avoids describing the non-constitutional standards applied in each state and federally. The text provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney.

The Origins of Adversary Criminal Trial

The Origins of Adversary Criminal Trial
Author: John H. Langbein
Publisher: OUP Oxford
Total Pages: 378
Release: 2003-02-06
Genre: Law
ISBN: 019102449X

The adversary system of trial, the defining feature of the Anglo-American legal procedure, developed late in English legal history. For centuries defendants were forbidden to have legal counsel, and lawyers seldom appeared for the prosecution either. Trial was meant to be an occasion for the defendant to answer the charges in person. The transformation from lawyer-free to lawyer-dominated criminal trial happened within the space of about a century, from the 1690's to the 1780's. This book explains how the lawyers captured the trial. In addition to conventional legal sources, Professor Langbein draws upon a rich vein of contemporary pamphlet accounts about trials in London's Old Bailey. The book also mines these novel sources to provide the first detailed account of the formation of the law of criminal evidence. Responding to menacing prosecutorial initiatives (including reward-seeking thieftakers and crown witnesses induced to testify in order to save their own necks) the judges of the 1730's decided to allow the defendant to have counsel to cross-examine accusing witnesses. By restricting counsel to the work of examining and cross-examining witnesses, the judges intended that the accused would still need to respond in person to the charges against him. Professor Langbein shows how counsel manipulated the dynamics of adversary procedure to defeat the judges design, ultimately silencing the accused and transforming the very purpose of the criminal trial. Trial ceased to be an opportunity for the accused to speak, and instead became an occasion for defense counsel to test the prosecution case.