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Author: Robert J. Frater
Publisher:
ISBN: 9780779880430
Category : Legal ethics
Languages : en
Pages : 495
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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
Get Book Here
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: Joseph F. Lawless
Publisher:
ISBN: 9780327163077
Category : Legal ethics
Languages : en
Pages :
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Book Description
Author: Alissa Hull
Publisher:
ISBN: 9780981938554
Category :
Languages : en
Pages :
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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 :
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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: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Angela J. Davis
Publisher: Oxford University Press
ISBN: 0199884277
Category : Law
Languages : en
Pages : 264
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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
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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: Maurice Possley
Publisher:
ISBN: 9781733155403
Category : True Crime
Languages : en
Pages : 400
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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
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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: Emily Bazelon
Publisher: Random House Trade Paperbacks
ISBN: 039959003X
Category : Social Science
Languages : en
Pages : 450
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Book Description
NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.
