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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: 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: 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: 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: 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: Neal Stephens Publisher: ISBN: 9781639055166 Category : Law Languages : en Pages : 0
Book Description
"Throughout my career, I have defended clients in numerous matters where I needed to litigate issues related to every possible variety of prosecutorial misconduct - false statements in search warrant affidavits, improper conduct before the grand jury, improper closing argument, etc. There are many indigent defendants who often lack the resources to identify and oppose prosecutorial misconduct in their cases. I continue to believe that the overwhelming majority of prosecutors are professional and ethical, our recent history demonstrates that there are far too many individuals serving prison sentences due to unchecked prosecutorial misconduct. This book aims to arm criminal defense attorneys with the tools needed to fight back against the minority of prosecutors who choose to use their immense power in the wrong way"--
Author: Daniel S. Medwed Publisher: NYU Press ISBN: 1479893080 Category : Law Languages : en Pages : 240
Book Description
American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant’s guilt and safeguard that conviction over time. In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys’ offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.