Download or read book California Supreme Court Records and Briefs written by California (State). and published by . This book was released on with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: Court of Appeal Case(s): B028490

Download or read book Criminal Evidence written by Derek Regensburger and published by Aspen Publishing. This book was released on 2019-02-27 with total page 813 pages. Available in PDF, EPUB and Kindle. Book excerpt: With lucid text, four-color illustrations, and abundant examples, Criminal Evidence: From Crime Scene to Courtroom, Second Edition, follows the path of evidence throughout the criminal justice process. Derek Regensburger offers a clear introduction to the principles of evidence and instructions for collecting, preserving, and presenting evidence in a criminal case. Actual trials and news excerpts bring the material to life as they illustrate the role of evidence in real cases. Online videos of mock trial scenes reinforce students’ understanding of key concepts covered in the book. New to the Second Edition: Federal Rules of Evidence—updated to reflect the restyling that took place at the end of 2011 Reordered chapters that better accommodate the discussion of terminology and the criminal justice process Discussion of the reliability of forensic evidence has been given its own chapter and updated with the most recent studies and cases, including a 2016 report on the issue authored by the President’s Council on Science and Technology Coverage of the authentication of social media posts has been greatly expanded and treated separately Discussion of expert testimony reflects recent changes such as increased acceptance of the Daubert standard for admission Evidence in Action articles have been updated and expanded to feature recent events, including the George Zimmerman trial and the Bill Cosby sexual assault trial New and expanded discussions of preemptory challenges and Kentucky v. Batson; appeal of right, ineffective assistance of counsel, habeas corpus petitions; Biggers factors and eyewitness identifications; subpoena duces tecum; grand jury subpoenas; the validity of hair comparison analysis and bite mark identification; same-sex marriage and spousal privilege; health records of a crime victim; admissibility of statements made by young children to teachers 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 that test students’ mastery of the material Short mock trial scenes on the companion website that illustrate key concepts discussed in the text

Download or read book Criminal Procedure written by Erwin Chemerinsky and published by Aspen Publishing. This book was released on 2024-09-02 with total page 157 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intended for use with any of the authors’ three casebooks for Criminal Procedure—all of which were revised in 2022—the 2024 Case and Statutory Supplement combines two objectives: first, it covers the cases decided in the 2021-2023 Supreme Court terms; second, it provides important statutory material related to each of the casebooks’ chapters. New to the 2024 Edition: Significant new decisions and materials, among them: Analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law Changes in Investigation chapters: New case: Vega v. Tekoh (the ability to sue police for violating Miranda v. Arizona) Changes in Adjudication chapters: Erlinger v. United States (enhanced sentencing issues under Armed Career Criminal Act must be submitted to a jury) McGrath v. Georgia (an acquittal stemming from a jury’s verdict of not guilty by reason of insanity also bars a retrial) Smith v. Arizona (substitute expert testimony is subject to Sixth Amendment Confrontation Clause analysis) Additional new cases include United States v. Tsarnaev (pretrial publicity and jury selection); Bucklew v. Precythe (method of execution); Denezpi v. United States (dual sovereignty exception to the double jeopardy rule); Samia v. United States (Bruton problems); Smith v. United States (double jeopardy rules in venue cases) Amended Rules 16(a)(1)(G) and 16(b)(1)(C) (Expert Witnesses)

Download or read book The Torture Papers written by Karen J. Greenberg and published by Cambridge University Press. This book was released on 2005-01-03 with total page 1306 pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents US Government attempts to justify torture techniques and coercive interrogation practices in ongoing hostilities.

Download or read book Practical Aspects of Interview and Interrogation written by David E. Zulawski and published by CRC Press. This book was released on 2001-09-14 with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on the foundation of the bestselling first edition, Practical Aspects of Interview and Interrogation, Second Edition expands its coverage to include discussions of false confessions, telephone interviewing, field interviewing, sexual harassment interviewing, confronting the alleged harasser, pre-employment interviewing, new legal aspects, juvenile interviewing, common mistakes, and frequently asked questions. Useful in both the law enforcement and private sectors, this work allows readers to deal effectively with the complex problems of interviewing and interrogating victims, witnesses, suspects, and even prospective employees.

Download or read book Pennsylvania Records and Briefs Supreme Court of Pennsylvania written by and published by . This book was released on 2003-09-23 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Oversight of the Federal Bureau of Investigation written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 2010 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Proposals for Reform of the Military Commissions System written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution, Civil Rights, and Civil Liberties and published by . This book was released on 2009 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Section 1983 Litigation written by Martin A. Schwartz and published by Wolters Kluwer. This book was released on 2008-11-13 with total page 1622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Second Edition volume provides an extensive collection of jury charges for the wide range of issues in cases brought under Section 1983. This invaluable resource provides numerous sample jury instructions, insightful commentary, and circuit-by-circuit annotations. Each charge is preceded by comments from the authors, variations to the charge depending on jurisdiction and circumstances, supporting case citations broken down by circuit, and cross references to pertinent sections of text in the other volume. Sample instructions are also contained on a companion CD-ROM. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.

Download or read book Criminal Procedure and Racial Injustice written by James C. Rehnquist and published by Aspen Publishing. This book was released on 2024-09-23 with total page 2016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedure and Racial Injustice brings a sustained emphasis on race to the traditional content of criminal procedure. Rather than a wholesale revision of the standard criminal procedure fare, it amply covers all the familiar subject matter areas while integrating into those topics the roles that racial prejudice and racial disparities have played and continue to play in the criminal justice system. For example, the Investigative volume of the book looks deeply into the role that race—mostly implicitly—played not only in the Court’s written decision of Terry v. Ohio but also in the trial and appellate advocacy that produced that decision, including the direct and cross-examinations in the suppression hearing. The Adjudicative volume looks closely at the role that race has played in the makeup of juries in criminal trials, including defense counsel’s ability to pursue voir dire questioning of potential jurors to screen for racial bias; the historical use by prosecutors of peremptory challenges to eliminate Black potential jurors, and the attempt to eliminate that practice by the Supreme Court in Batson v. Kentucky; and the perils of cross-race eyewitness identification in criminal trials. A secondary focus of the book is lawyering—the decisions and tactics of the prosecutors and defense lawyers that undergird the cases in the book. To that end, the plentiful Notes and Questions following the cases provoke thought and discussion not only on the relevant legal doctrine and the racial implications of the doctrine, but also on the choices made by the prosecutors and defense counsel. Benefits for instructors and students: Flexible organization Interesting, timely cases Sophisticated, robust notes and questions following each case Investigative chapters: Police Interrogation and the Fifth Amendment—the scope of the Fifth Amendment privilege; the backdrop for and decision in Miranda v. Arizona; the implementation of Miranda’s custody; interrogation and waiver/assertion components; and the durability of Miranda The Fourth Amendment—the definitions of search and seizure; the “warrant requirement” and its exceptions; and the landmark case of Terry v. Ohio and its legacies for racial profiling, traffic stops, etc. The Exclusionary Rule—the origins of the rule and its exceptions (good faith, attenuation, standing, etc.) and including a section on suppression hearings The Grand Jury—its purported independence, informality, and secrecy; its virtually unlimited power to subpoena witnesses and documents; and grand jury abuse Addressing Police Misconduct—an unconventional chapter exploring the Supreme Court’s resurrection of 42 U.S.C. § 1983 as a private remedy for civil rights violations, the victims of which are disproportionately members of minority groups; the Court’s subsequent weakening of that remedy through doctrines such as qualified immunity; and the Department of Justice’s administrative remedy to address a “pattern and practice” of police misconduct under 42 U.S.C. § 14141. This subject has become increasingly important in the Criminal Procedure realm as recent Supreme Court decisions rejecting application of the exclusionary rule have sometimes cited § 1983 as an adequate alternative remedy. Adjudicative chapters: The Right to Counsel and Criminal Defense—including claims for ineffective assistance of counsel and the chronic underfunding of public indigent defense The Prosecution Function—the enormous discretion, power and ethical responsibilities of that office Pleas and Plea Bargaining—which account for the resolution of over 95% of criminal cases without a trial or any substantial judicial involvement The Right to a Jury Trial—including a glimpse at the surprising results generated by an “originalist” perspective on the right Eyewitness Identification—the fallibility of which has become even clearer in the era of demonstrably wrongful convictions Incarceration—including a look at bail/pretrial detention and the racially unequal impacts of the death penalty and the legislative crack/cocaine disparity Two unconventional chapters—Discriminatory Enforcement, which considers, among other things, the high hurdles in making such claims; and The Department of Justice and the Prosecution of Civil Rights Crimes, which broadly examines DOJ enforcement policies from Reconstruction through notable police violence cases of the 21st century

Download or read book Harvard Law Review written by Harvard Law Review and published by Quid Pro Books. This book was released on 2012-12-07 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Harvard Law Review is offered in a digital edition for ereaders, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 2, December 2012, include: ARTICLES • Historical Gloss and the Separation of Powers by Curtis A. Bradley and Trevor W. Morrison • Aggregate Litigation Goes Public: Representative Suits by State Attorneys General by Margaret H. Lemos BOOK REVIEW • Fixing Washington by Richard L. Hasen NOTE • Ending Student Loan Exceptionalism: The Case for Risk-Based Pricing and Dischargeability In addition, several case commentaries by students explore recent cases on Equal Protection as to gay marriage, application of Miranda to Somali pirates, OSHA statutes of limitation, Fourth Amendment applications to DNA searches, environmental law and greenhouse gas rules, and willful blindness as "knowledge" in digital copyright law. Finally, the issue includes a student study of a recent regulation regarding health care reform.

Download or read book Preventive Detention of Terror Suspects written by Diane Webber and published by Routledge. This book was released on 2016-01-08 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.

Download or read book A Trout in the Milk written by Mel Harmon and published by Author House. This book was released on 2011-05-20 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Some circumstantial evidence is very strong, as when you find a trout in the milk." (Henry David Thoreau) There are two great branches of evidence in a Criminal Case. They are direct evidence and circumstantial evidence. The meaning of direct evidence is as plain as the nose on your face. A first grader can easily grasp the concept. Whatever a person perceives with any of his physical senses is direct evidence. If you see a crime happen that is direct evidence. And if you smell it or touch it or taste it or hear it as it happens -- that is also direct evidence. Everything else is circumstantial. Therefore, the meaning of circumstantial evidence is easily comprehended and just as easily categorized. If it isn't direct evidence it's circumstantial evidence. And if there's a trout in a can of milk, we know the farmer has dipped his can into a stream of water. We didn't see him do it, but we know the squiggly rainbow didn't come from a cow's udder. The finned scrapper getting his first taste of milk is irrefutable circumstantial evidence of dairy farmer duplicity!

Download or read book The Clinton Justice Department s Refusal to Enforce the Law on Voluntary Confessions written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Justice Oversight and published by . This book was released on 1999 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book California Court of Appeal 2nd Appellate District Records and Briefs written by California (State). and published by . This book was released on with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Section 1983 Litigation written by Schwartz and published by Wolters Kluwer. This book was released on 1997-01-01 with total page 6176 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this invaluable three-volume set, you'll get an analysis of every aspect of the statute from the plaintiffs' and defendants' side of the courtroom - from direction on potential to considerations about choice of forum. This reference also gives you citations to state and district court decisions and circuit-by-circuit breakdowns of leading decisions. Plus, you'll explore constitutional rights enforceable under Section 1983, every facet of municipal liability and qualified immunity, bifurcating claims against officers and municipalities, and more. Martin A. Schwartz, an expert of Section 1983 actions, goes a step further and provides positions on open issues. Also available as part of the Section 1983 Litigation Complete Six-Volume Set.

Download or read book Prosecuting Terrorists written by United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Terrorism and Homeland Security and published by . This book was released on 2010 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: