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Author: Robert J. Frater Publisher: ISBN: 9780779880430 Category : Legal ethics Languages : en Pages : 495
Book Description
"This is the essential text for Crown counsel who need to operate within the rules of law and for defence counsel who need to identify when prosecutorial misconduct occurs and the remedies that are available. This comprehensive and thought-provoking treatise covers prosecutorial misconduct at every stage of the criminal process and impartially and objectively identifies its elements with specific reference to case law. In addition, Prosecutorial Misconduct provides expert commentary on the tort of malicious prosecution and related civil actions against prosecutors. The second edition updates, expands, re-writes and re-organizes the text to deal with some very substantial developments in the law since the first edition. The Supreme Court of Canada has been very active in addressing a number of areas of prosecutorial misconduct, including malicious prosecution (Miazga v. Kvello Estate; Charter torts (Henry v. B.C.); plea bargaining (R. v. Nixon); and abuse of process (R. v. Anderson). Those cases and others have led to a significant volume of new litigation in Canada. Like the previous edition, this one also covers significant developments abroad, particularly Australia, the United Kingdom, and the United States"--Provided by publisher.
Author: Robert J. Frater Publisher: ISBN: 9780779880430 Category : Legal ethics Languages : en Pages : 495
Book Description
"This is the essential text for Crown counsel who need to operate within the rules of law and for defence counsel who need to identify when prosecutorial misconduct occurs and the remedies that are available. This comprehensive and thought-provoking treatise covers prosecutorial misconduct at every stage of the criminal process and impartially and objectively identifies its elements with specific reference to case law. In addition, Prosecutorial Misconduct provides expert commentary on the tort of malicious prosecution and related civil actions against prosecutors. The second edition updates, expands, re-writes and re-organizes the text to deal with some very substantial developments in the law since the first edition. The Supreme Court of Canada has been very active in addressing a number of areas of prosecutorial misconduct, including malicious prosecution (Miazga v. Kvello Estate; Charter torts (Henry v. B.C.); plea bargaining (R. v. Nixon); and abuse of process (R. v. Anderson). Those cases and others have led to a significant volume of new litigation in Canada. Like the previous edition, this one also covers significant developments abroad, particularly Australia, the United Kingdom, and the United States"--Provided by publisher.
Author: Alissa Hull Publisher: ISBN: 9780981938554 Category : Languages : en Pages :
Book Description
The Habeas Citebook: Prosecutorial Misconduct is the latest offering in the Citebook series. Like all books in this series, it's designed to help pro se prisoner litigants identify and raise viable claims for potential habeas corpus relief. It contains several hundred case citations and descriptions, which will save readers many hours of research in identifying winning arguments to successfully challenge their conviction. It's an invaluable resource for anyone seeking habeas relief to overturn his or her conviction.
Author: Bennett L. Gershman Publisher: Clark Boardman Callaghan ISBN: 9780876324431 Category : Law Languages : en Pages :
Book Description
This looseleaf treatise provides guidelines on prosecutorial behavior through every stage of the criminal justice process. The work cites thousands of precedent setting cases in the field and spells out the judicial and non-judicial sanctions for prosecutorial misconduct.
Author: Angela J. Davis Publisher: Oxford University Press ISBN: 0199884277 Category : Law Languages : en Pages : 264
Book Description
What happens when public prosecutors, the most powerful officials in the criminal justice system, seek convictions instead of justice? Why are cases involving well-to-do victims often prosecuted more vigorously than those involving poor victims? Why do wealthy defendants frequently enjoy more lenient plea bargains than the disadvantaged? In this eye-opening work, Angela J. Davis shines a much-needed light on the power of American prosecutors, revealing how the day-to-day practice of even the most well-intentioned prosecutors can result in unequal treatment of defendants and victims. Ranging from mandatory minimum sentencing laws that enhance prosecutorial control over the outcome of cases, to the increasing politicization of the office, Davis uses powerful stories of individuals caught in the system to demonstrate how the perfectly legal exercise of prosecutorial discretion can result in gross inequities in criminal justice. For the paperback edition, Davis provides a new Afterword which covers such recent incidents of prosecutorial abuse as the Jena Six case, the Duke lacrosse case, the Department of Justice firings, and more.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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.
Author: Maurice Possley Publisher: ISBN: 9781733155403 Category : True Crime Languages : en Pages : 400
Book Description
It was the perfect storm. A group of executives with the support of a Fortune 500 rival plotting corporate espionage to destroy a leading insurance brokerage firm. A new U.S. Attorney out to cement his professional status. An FBI team needing a collar. A prosecutor trying to fix his tarnished reputation. A judge looking to solidify his reputation on the bench. A defense attorney worried more about the bottom line than winning his case. And the self-made CEO who didn't see it coming--until the tsunami hit and Michael Segal was drowned in a flood of greed, avarice, deception, self-interest, and an unbridled climb to power. Pulitzer Prize-winning author Maurice Possley tells how the case against Michael Segal was laid, brick by brick, defying justice, evidence and even common sense after he refused to wear an FBI wire to entrap colleagues. As gripping as a legal thriller by Scott Turow or John Grisham, this nonfiction account of how an innocent man was used as a tool by a few unscrupulous people to bolster their own ambitions should raise alarms about how easily the U.S. criminal justice system, at times, can be used and abused for personal gain. Long before facts lost their meaning, Segal's story stood as a terrifying testament to how far manipulating the truth can go and how badly it can hurt the innocent. The United States v. Segal should never have been a case at all. The evidence against Segal was flimsy at best, there were no victims, no misrepresentations, no one lost any money, and it was an accounting crime without any government forensics and incomplete and inaccurate evidence. So why did a man who had no record and was known for his business and philanthropic pursuits receive a prison sentence of 10 years? As Possley takes us down the wormhole into the case, he reveals: The FBI tried to coerce Segal to secretly tape colleagues and business and political acquaintances. Former trusted, top-level employees conspired with a Fortune 500 competitor for months to take Segal's company--or take him down. Segal's personal attorney was bugged and attorney-client privilege went ignored. A former employee hacked into confidential files and delivered hundreds of documents to the group that wanted to seize or destroy his company--and was never even arrested. The stolen files contents were shared with the FBI and prosecutor. The prosecutor never used a government-sanctioned analysis of the supposed accounting crime. No qualified government or independent forensic accounting of his business was ever presented to the court by the government. Hundreds of stolen, company emails, including those with attorney protected, were found on a rival's server. The chief prosecutor had a record of past prosecutorial misconduct allegations. Key witnesses changed their testimonies after being contacted by the FBI. After Segal's lawyers made pretrial motions for his constitutional rights, prosecutors filed superseding indictments. At a time when criminal justice reform is being discussed by all the presidential candidates, Segal's case takes on a new meaning. What is the cost of prosecution for its own sake--and what happens when there is a code of silence and few checks and balances on those who are sworn to uphold the law?
Author: Barry Friedman Publisher: Farrar, Straus and Giroux ISBN: 0374710902 Category : Political Science Languages : en Pages : 449
Book Description
“At a time when policing in America is at a crossroads, Barry Friedman provides much-needed insight, analysis, and direction in his thoughtful new book. Unwarranted illuminates many of the often ignored issues surrounding how we police in America and highlights why reform is so urgently needed. This revealing book comes at a critically important time and has much to offer all who care about fair treatment and public safety.” —Bryan Stevenson, founder and Executive Director of the Equal Justice Initiative and author of Just Mercy: A Story of Justice and Redemption In June 2013, documents leaked by Edward Snowden sparked widespread debate about secret government surveillance of Americans. Just over a year later, the shooting of Michael Brown, a black teenager in Ferguson, Missouri, set off protests and triggered concern about militarization of law enforcement and discriminatory policing. In Unwarranted, Barry Friedman argues that these two seemingly disparate events are connected—and that the problem is not so much the policing agencies as it is the rest of us. We allow these agencies to operate in secret and to decide how to police us, rather than calling the shots ourselves. And the courts, which we depended upon to supervise policing, have let us down entirely. Unwarranted tells the stories of ordinary people whose lives were torn apart by policing—by the methods of cops on the beat and those of the FBI and NSA. Driven by technology, policing has changed dramatically. Once, cops sought out bad guys; today, increasingly militarized forces conduct wide surveillance of all of us. Friedman captures the eerie new environment in which CCTV, location tracking, and predictive policing have made suspects of us all, while proliferating SWAT teams and increased use of force have put everyone’s property and lives at risk. Policing falls particularly heavily on minority communities and the poor, but as Unwarranted makes clear, the effects of policing are much broader still. Policing is everyone’s problem. Police play an indispensable role in our society. But our failure to supervise them has left us all in peril. Unwarranted is a critical, timely intervention into debates about policing, a call to take responsibility for governing those who govern us.
Author: Robert J. Frater
Author: Robert J. Frater
Author: Joseph F. Lawless
Author: Alissa Hull
Author: Bennett L. Gershman
Author: United States. Department of Justice
Author: Angela J. Davis
Author: American Bar Association. House of Delegates
Author: Maurice Possley
Author: Barry Friedman
Author: American Bar Association