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Author: Cosmas Moisidis
Publisher: Institute of Criminology
ISBN: 9780975196779
Category : Law
Languages : en
Pages : 302
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Book Description
In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
Author: Justice Project (Washington, D.C.)
Publisher:
ISBN:
Category : Disclosure of information
Languages : en
Pages : 27
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Book Description
Author: Cosmas Moisidis
Publisher: Institute of Criminology
ISBN: 9780975196779
Category : Law
Languages : en
Pages : 302
Get Book Here
Book Description
In Criminal Discovery: From Truth to Proof and Back Again, author Cosmas Moisidis examines aspects of pre-trial stages such as police interrogations, preliminary hearings and discovery between the prosecution and the defence, addressing contentious issues such as the right to silence and the privilege against self-incrimination. These issues give rise to strong, emotive and polarised differences of opinion. Criminal discovery is an area in which views are entrenched and passions run high. Criminal Discovery: From Truth to Proof and Back Again seeks to inform the current debate through a detailed analysis of the history, theory and practice of criminal discovery. Historical and jurisprudential matters which are not commonly known are here brought to light. The approach is holistic and comparative, examining the issues in detail with reference to the jurisdictions of the United Kingdom, United States, particularly California, and Australia. It concludes with recommendations to guide the future, putting forward a reciprocal criminal discovery model which, it is argued, will enhance the truth seeking potential of the adversarial criminal trial.
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages :
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Book Description
Author: United States. Congress. Senate. Committee on Finance. Subcommittee on Private Pension Plans and Employee Fringe Benefits
Publisher:
ISBN:
Category : Pension trusts
Languages : en
Pages : 512
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Book Description
Author: Jenia Iontcheva Turner
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In recent decades, many states have expanded discovery in criminal cases. These reforms were designed to make the criminal process fairer and more efficient. The success of these changes, however, depends on whether defense attorneys actually use the new discovery opportunities to represent their clients more effectively. Evidence from digital platforms, which courts use to enable the exchange of evidence between prosecution and defense, reveals that defense attorneys sometimes fail to carry out their professional duty to review discovery.Analyzing a novel data set we obtained from digital evidence plat-forms used in Texas, we found that defense attorneys never accessed any available electronic discovery in a substantial number felony cases between 2018-2020. We also found that the access rate varied by county, year, offense type, attorney category, attorney experience, and file type.To better understand when and why attorneys neglect the available discovery, we supplemented the analysis of digital platform data with interviews of more than three dozen Texas criminal defense attorneys. We learned that defense attorneys were aware that many of their peers fail to review discovery in felony criminal cases. Our interviewees identified several explanations for the failure to access evidence. These include a lack of technological skills and support, the overwhelming volume of digital discovery, the client's desire for fast resolution of the case, the lesser gravity of some cases, high caseloads, low compensation, and in some cases, simple lack of diligence. We consider the implications of these attorney practices for ineffective assistance of counsel litigation, effective supervision of defense attorneys, and criminal law reform.
Author: Joint Committee on Continuing Legal Education (U.S.)
Publisher:
ISBN:
Category : Discovery (Law)
Languages : en
Pages : 78
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Book Description
Author: American Bar Association
Publisher:
ISBN: 9781570737138
Category : Criminal justice, Administration of
Languages : en
Pages : 151
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Book Description
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
Author: Robert M. Cary
Publisher: American Bar Association
ISBN: 9781614380207
Category : Criminal procedure
Languages : en
Pages : 0
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Book Description
Federal Criminal Discovery thoroughly covers each of the different methods of discovery available to the parties in federal criminal cases. It serves as an invaluable resource for judges, academics, prosecutors, and defense lawyers by providing an exhaustive discussion on the statutory and constitutional bases for discovery, and by covering the existing law fairly while examining both sides of the issues.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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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: Derek Regensburger
Publisher: Aspen Publishing
ISBN: 1543849075
Category : Law
Languages : en
Pages : 843
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Book Description
With lucid text, four-color illustrations, and abundant examples, Criminal Evidence follows the path of evidence From Crime Scene to Courtroom. Focusing on the Federal Rules of Evidence and their state counterparts, Derek Regensburger offers a clear introduction to the principles of evidence and instructions for collecting, preserving, and presenting evidence in a criminal case. The book surveys the major concepts of evidence law such as relevance and burden of proof, discovery, admission of expert witness testimony, impeachment of witnesses, character evidence, hearsay, authentication of physical evidence, and more. Actual trials and news excerpts bring the material to life as they illustrate the role of evidence in real cases. Videos of mock trial scenes on the book’s website reinforce students’ understanding of key concepts. New to the Third Edition: A new chapter on trial practice and witness preparation Streamlined discussions of the exclusionary rule, Miranda rights, and rape shield laws Updated material on eyewitness identification and admission of confessions, particularly the modification of the corpus delicti rule by many state courts Changes concerning the reliability of forensic evidence due to the release of the 2016 report on the issue authored by the President’s Council on Science and Technology, including the FBI’s rejoinder to that report New and expanded sections on bloodstain pattern analysis, arson investigation, and handwriting analysis New and updated practical examples and Evidence in Action articles to feature more recent events, including the Kyle Rittenhouse trial Professors and students will benefit from: Straightforward text that follows the evidence from collection to trial Accessible three-part organization I. The Collection and Preservation of Evidence II. Pretrial Matters III. Admissibility of Evidence Four-color photographs and exhibits that illustrate evidentiary concepts Evidence in Action, observed in real trials and news excerpts Practical examples that apply legal concepts through hypothetical scenarios Review questions and application problems at the end of each chapter test students’ mastery of the material Short mock trial scenes on the companion website that illustrate key concepts discussed in the text
