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.

Guidelines Manual

Guidelines Manual
Author: United States Sentencing Commission
Publisher:
Total Pages: 456
Release: 1995
Genre: Sentences (Criminal procedure)
ISBN:

Probation Violations in North Carolina

Probation Violations in North Carolina
Author: James M. Markham
Publisher: Unc School of Government
Total Pages: 0
Release: 2018
Genre: Probation
ISBN: 9781560119418

There are over 80,000 people on probation in North Carolina. This book sets out the law and procedure of how probation officers and the court system respond to violations of probation with a focus on the courts' limited authority to revoke probation, after the Justice Reinvestment Act of 2011.

Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight

Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight
Author: Congressional Research Service
Publisher: Independently Published
Total Pages: 54
Release: 2019-01-21
Genre: Law
ISBN: 9781794510456

Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things. The long-established rule of grand jury secrecy is enshrined in Federal Rule of Criminal Procedure 6(e), which provides that government attorneys and the jurors themselves, among others, ﷿must not disclose a matter occurring before the grand jury.﷿Accordingly, as a general matter, persons and entities external to the grand jury process are precluded from obtaining transcripts of grand jury testimony or other documents or information that would reveal what took place in the proceedings, even if the grand jury has concluded its work and even if the information is sought pursuant to otherwise-valid legal processes. At times, the rule of grand jury secrecy has come into tension with Congress' power of inquiry when an arm of the legislative branch has sought protected materials pursuant to its oversight function. For instance, some courts have determined that the information barrier established in Rule 6(e) extends to congressional inquiries, observing that the Rule contains no reservations for congressional access to grand jury materials that would otherwise remain secret. Nevertheless, the rule of grand jury secrecy is subject to a number of exceptions, both codified and judicially crafted, that permit grand jury information to be disclosed in certain circumstances (usually only with prior judicial authorization). Perhaps the most significant of these for congressional purposes are (1) the exception that allows a court to authorize disclosure of grand jury matters ﷿preliminarily to or in connection with a judicial proceeding,﷿ and (2) the exception, recognized by a few courts, that allows a court to authorize disclosure of grand jury matters in special or exceptional circumstances. In turn, some courts have determined that one or both of these exceptions applies to congressional requests for grand jury materials in the context of impeachment proceedings, though there is authority to the contrary. Additionally, because Rule 6(e) covers only ﷿matters occurring before the grand jury, courts have recognized that documents and information are not independently insulated from disclosure merely because they happen to have been presented to, or considered by, a grand jury. As such, even if Rule 6(e) generally limits congressional access to grand jury information, Congress has a number of tools at its disposal to seek materials connected to a grand jury investigation. Prior Congresses have considered legislation that would have expressly permitted a court to authorize disclosure of grand jury matters to congressional committees on a showing of substantial need. However, in response to such proposals, the executive branch has voiced concerns that the legislation would raise due-process and separation-of-powers issues and potentially undermine the proper functioning of federal grand juries. These concerns may have resulted in Congress declining to alter Rule 6(e). As a result, to the extent Rule 6(e) constrains Congress' ability to conduct oversight, legislation seeking to amend the rules governing grand jury secrecy in a way that would give Congress independent access to grand jury materials may raise additional legal and pragmatic issues for the legislative branch to consider.

Federal Rules of Criminal Procedure, December 1, 2015

Federal Rules of Criminal Procedure, December 1, 2015
Author: Committee on the Judiciary (House)
Publisher: Government Printing Office
Total Pages: 92
Release: 2016-10-06
Genre: Law
ISBN: 9780160931055

These rules govern the procedure in all criminal proceedings in the United States district courts, the United States court of appeals, and the Supreme Court of the United States. This booklet also covers the arrest warrant or summons on a complaint proceedings and proper forms, plus appearances upon arrest, consulting with counsel, subpoenas, detention release, procedures in a misdemeanor case, video teleconferencing, preliminary hearings, including scheduling and more. Additionally, the Court of Clerk's duties, trial proceedings, process for introducing evidence, court determinations, arraignments, notice of possible departure from Sentencing Guidelines, and defendant's right to appeal are also covered. Attorneys, paralegals, law enforcement, court clerks, prosecutors, defendants, judges, and others involved with the U.S. Court system in relation to criminal cases may be interested in this booklet. Additionally, students pursuing criminal justice, or law degrees may be interested in these rules as they may impact their career choice(s). Lastly, all law libraries and public libraries should have a copy of this volume available for their patrons. Other related print titles that may be of interest: United States Code, 2012 Edition, V. 12, Title 18, Crimes and Criminal Procedure to Title 19, Customs Duties, Sections 1 to 1654 can be found here: https://bookstore.gpo.gov/products/sku/052-001-00629-1?ctid=130