Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Errors of Justice written by Brian Forst and published by Cambridge University Press. This book was released on 2004 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book, Brian Forst takes a fresh new perspective on the assessment of criminal justice policy, examining the prospect of assessing policies based on their impact on errors of justice: the error of failing to bring offenders to justice, on the one hand, and the error of imposing costs on innocent people and excessive costs on offenders, on the other. Noting that we have sophisticated systems for managing errors in statistical inference and quality control processes and no parallel system for managing errors of a more socially costly variety - on matters of guilt and innocence - the author lays the foundation for a common sense approach to the management of errors in the criminal justice system, from policing and prosecution to sentencing and corrections. He examines the sources of error in each sector, the harms they impose on society, and frameworks for analyzing and reducing them.

Download or read book The Riddle of Harmless Error written by Roger J. Traynor and published by Columbus : Ohio State University Press. This book was released on 1970 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Truth Error and Criminal Law written by Larry Laudan and published by Cambridge University Press. This book was released on 2006-06-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beginning with the premise that the principal function of a criminal trial is to find out the truth about a crime, Larry Laudan examines the rules of evidence and procedure that would be appropriate if the discovery of the truth were, as higher courts routinely claim, the overriding aim of the criminal justice system. Laudan mounts a systematic critique of existing rules and procedures that are obstacles to that quest. He also examines issues of error distribution by offering the first integrated analysis of the various mechanisms - the standard of proof, the benefit of the doubt, the presumption of innocence and the burden of proof - for implementing society's view about the relative importance of the errors that can occur in a trial.

Download or read book California Judicial Conduct Handbook written by David M. Rothman and published by . This book was released on 2017 with total page 971 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book System Failure written by James F. Love and published by CreateSpace. This book was released on 2009-12-22 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are so many innocent people imprisoned in the United States, and why are so many of those wrongly convicted people unable to overturn their conviction? System Failure explains in 25 chapters how and why that has happened. Author James F. Love has extensive knowledge and keen insights about the inner workings of the legal system gained from his extensive experience as a top jailhouse lawyer involved for almost two decades in criminal and civil litigation. Love's accomplishments include being responsible for the reversal and new trial in four aggravated murder convictions in Ohio. System Failure is a must read for lawyers, law students, paralegals and laypersons concerned with preserving their rights.

Download or read book System Failure written by James F Love, IV and published by . This book was released on 2020-08-20 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: System Failure is a Critique of the US Judicial System as seen through the eyes of a 25 year practicing jailhouse lawyer, who eventually freed himself from a wrongful conviction. The Foreword of this book was written by attorney William R. Gallagher of Cincinnati. Mr. Gallagher won the Robert C. Heeney Award, in 2011, from the National Association of Criminal Defense Lawyers in Washington, D.C. That award is given to one criminal defense attorney per year who best exemplifies the goals and values of the Association and the legal profession. In his Foreword, Mr. Gallagher states this book talks about things attorneys will only discuss among themselves in the corner of a cocktail party. Mr. Gallagher is considered to be one of the top three criminal trial attorneys East of the Mississippi River. The book discloses why the average time between a wrongful conviction and exoneration is 9 1/2 years. The book, using empirical data, and publicly known facts, advances credible numbers of wrongfully imprisoned citizens in the US in excess of 100,000. The book brings to light a systemic violation of Article III of the Constitution by using data from the US Department of Justice, Bureau of Justice Statistics, to prove young law clerks are deciding most of the cases in the Federal Courts, and proposes changes to the way in which jurisdictions are created to resolve that problem. The author was considered to be the best jailhouse lawyer in the Ohio prison system for over 20 years. Although the author did mostly criminal appeals and Habeas Corpus work, he also initiated a lawsuit against Ohio, with the assistance of the Ohio Justice and Policy Center in Cincinnati, for refusing to treat prisoners for Hepatitis C, brought on the behalf of two friends of his.That lawsuit, Fussell v. Wilkinson, turned into a major medical/dental Class Action that has cost the State of Ohio $1.7 billion since it's inception in 2003. In the pages of this book, you will find a man who taught himself the law from scratch, motivated by having been wrongfully convicted, and fought a 25 year war with the judicial system on the behalf of other Lifers who were his friends. The author spent 4 years at Warren Correctional Institution, under the control of one of the best prison Wardens to ever exist, Anthony Brigano; 2 years at Chillicothe Correctional Institution, before his first reversal; 4 years at the Southern Ohio Correctional Facility at Lucasville; 5 years at Lebanon Correctional Institution and 10 years at Allen Correctional Institution in Lima, Ohio. Luke and Leb ain't no joke. The above only scratches the surface of this book. Come walk a mile in my shoes.

Download or read book The Cost of Judicial Error written by Kurt T. Lash and published by . This book was released on 2013 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Before a justice on the Supreme Court applies stare decisis in a constitutional case, they must first determine whether the application of the doctrine is appropriate. This requires the application of normative theory. Depending on the justice's normative theory, some judicial errors impose such high costs that application of the doctrine of stare decisis is inappropriate and the error should simply be rectified. Even in those constitutional cases where theory allows the maintenance of judicial error as a legitimate option, considerations of normative theory affect how the justice ought to balance the costs of upholding against the costs of overruling erroneous precedent. In cases where theory suggests that the costs of judicial error are relatively low, avoiding substantial harm to rule of law values might reasonably suggest that the Court should “stand by” the flawed decision. Where theory suggests the costs of error are high, however, only the most severe disruption to the rule of law can justify maintaining a flawed precedent. This balancing of normative theory and stare decisis occurs in all judicial applications of stare decisis, though not always in a transparent manner. Focusing on some of the more high profile discussions of stare decisis by the Rehnquist and Roberts Courts, this essay explores how judicial application of stare decisis generally includes a normative evaluation of the costs of judicial error. The counter-balancing impact of normative theory is especially evident in the Roberts Court decision to overrule Austin v. Michigan Chamber of Commerce in Citizens United v. Federal Election Commission. Building upon the implicit normative theory of Citizens United, the essay sketches a more complete theory of stare decisis that takes into consideration both the rule of law considerations of stare decisis and the normative considerations that flow from the theory of popular sovereignty.

Download or read book The Bench is Warped written by Alvin H. Gershenson and published by . This book was released on 1963 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Trial Error and Misconduct written by Bennett L. Gershman and published by . This book was released on 2007 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Prepare for any critical situation in a criminal litigation trial with Trial Error and Misconduct, now in its second edition. This book will help you avoid devastating results in the unpredictable world of a criminal trial. No one wants their case reversed due to error or misconduct. This reference is broad in scope and comprehensive in coverage and proves indispensable for everyone in criminal practice - prosecutors, defense attorneys and even judges."--pub. desc.

Download or read book Reconsidering Judicial Finality written by Louis Fisher and published by University Press of Kansas. This book was released on 2023-07-21 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Federal judges, legal scholars, pundits, and reporters frequently describe the Supreme Court as the final word on the meaning of the Constitution. The historical record presents an entirely different picture. A close and revealing reading of that record, from 1789 to the present day, Reconsidering Judicial Finality reminds us of the “unalterable fact,” as Chief Justice Rehnquist once remarked, “that our judicial system, like the human beings who administer it, is fallible.” And a Court inevitably prone to miscalculation and error, as this book clearly demonstrates, cannot have the incontrovertible last word on constitutional questions. In this deeply researched, sharply reasoned work of legal myth-busting, constitutional scholar Louis Fisher explains how constitutional disputes are settled by all three branches of government, and by the general public, with the Supreme Court often playing a secondary role. The Court’s decisions have, of course, been challenged and reversed in numerous cases—involving slavery, civil rights, child labor legislation, Japanese internment during World War II, abortion, and religious liberty. What Fisher shows us on a case-by-case basis is how the elected branches, scholars, and American public regularly press policies contrary to Court rulings—and regularly prevail, although the process might sometimes take decades. From the common misreading of Marbury v. Madison, to the mistaken understanding of the Supreme Court as the trusted guardian of individual rights, to the questionable assumptions of the Court’s decision in Citizens United, Fisher’s work charts the distance and the difference between the Court as the ultimate arbiter in constitutional matters and the judgment of history. The verdict of Reconsidering Judicial Finality is clear: to treat the Supreme Court’s nine justices as democracy’s last hope or as dangerous activists undermining democracy is to vest them with undue significance. The Constitution belongs to all three branches of government—and, finally, to the American people.

Download or read book Miscarriages of Justice written by Clive Walker and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.

Download or read book Reward and Punishment in Social Dilemmas written by Paul A.M. Van Lange and published by Oxford University Press. This book was released on 2014-03-26 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the key scientific challenges is the puzzle of human cooperation. Why do people cooperate? Why do people help strangers, even sometimes at a major cost to themselves? Why do people want to punish others who violate norms and undermine collective interests? Reward and punishment is a classic theme in research on social dilemmas. More recently, it has received considerable attention from scientists working in various disciplines such as economics, neuroscience, and psychology. We know now that reward and punishment can promote cooperation in so-called public good dilemmas, where people need to decide how much from their personal resources to contribute to the public good. Clearly, enjoying the contributions of others while not contributing is tempting. Punishment (and reward) are effective in reducing free-riding. Yet the recent explosion of research has also triggered many questions. For example, who can reward and punish most effectively? Is punishment effective in any culture? What are the emotions that accompany reward and punishment? Even if reward and punishment are effective, are they also efficient -- knowing that rewards and punishment are costly to administer? How can sanctioning systems best organized to be reduce free-riding? The chapters in this book, the first in a series on human cooperation, explore the workings of reward and punishment, how they should be organized, and their functions in society, thereby providing a synthesis of the psychology, economics, and neuroscience of human cooperation.

Download or read book Trial and Error in Criminal Justice Reform written by Greg Berman and published by Rowman & Littlefield. This book was released on 2016-03-21 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this revised edition of their concise, readable, yet wide-ranging book, Greg Berman and Aubrey Fox tackle a question students and scholars of law, criminology, and political science constantly face: what mistakes have led to the problems that pervade the criminal justice system in the United States? The reluctance of criminal justice policymakers to talk openly about failure, the authors argue, has stunted the public conversation about crime in this country and stifled new ideas. It has also contributed to our inability to address such problems as chronic offending in low-income neighborhoods, an overreliance on incarceration, the misuse of pretrial detention, and the high rates of recidivism among parolees. Berman and Fox offer students and policymakers an escape from this fate by writing about failure in the criminal justice system. Their goal is to encourage a more forthright dialogue about criminal justice, one that acknowledges that many new initiatives fail and that no one knows for certain how to reduce crime. For the authors, this is not a source of pessimism, but a call to action. This revised edition is updated with a new foreword by Cyrus R. Vance, Jr., and afterword by Greg Berman.

Download or read book The Relationship Between Forensic Science and Judicial Error written by Béatrice Schiffer and published by . This book was released on 2009 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book False Justice written by Jim Petro and published by Routledge. This book was released on 2014-07-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Compelling and engagingly written, this book by former Attorney General of Ohio Jim Petro and his wife, writer Nancy Petro, takes the reader inside actual cases, summarizes extensive research on the causes and consequences of wrongful conviction, and exposes eight common myths that inspire false confidence in the justice system and undermine reform. Now published in paperback with an extensive list of web links to wrongful conviction sources internationally, False Justice is ideal for use in a wide array of criminal justice and criminology courses. Myth 1: Everyone in prison claims innocence. Myth 2: Our system almost never convicts an innocent person. Myth 3: Only the guilty confess. Myth 4: Wrongful conviction is the result of innocent human error. Myth 5: An eyewitness is the best testimony. Myth 6: Conviction errors get corrected on appeal. Myth 7: It dishonors the victim to question a conviction. Myth 8: If the justice system has problems, the pros will fix them.