Download or read book Prosecutorial Misconduct written by Robert J. Frater and published by . This book was released on 2017 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Prosecutorial Misconduct written by Bennett L. Gershman and published by Clark Boardman Callaghan. This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Habeas Citebook written by Alissa Hull and published by . This book was released on 2019-09 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Prosecutorial Misconduct written by Joseph F. Lawless and published by . This book was released on 2003-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Arbitrary Justice written by Angela J. Davis and published by Oxford University Press. This book was released on 2007-04-12 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Conviction At Any Cost written by Maurice Possley and published by . This book was released on 2019-08-15 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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?

Download or read book Prosecutorial Ethics written by R. Michael Cassidy and published by West Academic Publishing. This book was released on 2019 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines a prosecutor's ethical responsibilities throughout the criminal justice process in both federal and state practice, and explores constitutional and ethical constraints on prosecutorial discretion. Topics are ordered sequentially as they occur in the progression of a typical criminal case, including the prosecutor's role in the conduct of investigations, contacting and interviewing witnesses, grand jury practice, charging, pre-trial discovery, plea bargaining, jury selection, trial conduct, sentencing, media contacts and post-conviction remedies. The focal point of discussion in each of these areas is a prosecutor's ethical responsibilities under the American Bar Association's Model Rules of Professional Conduct (through 2019) drawing frequent comparisons to significant state variations on the Model Rules, and supplemental guidance provided by the ABA's Criminal Justice Standards: Prosecution Function; the National District Attorneys Standards; and, the Justice Department Manual. The authors also examine constitutional constraints on prosecutorial discretion (particularly under the 5th and 6th Amendments) that at times may deviate from or supplement ethical norms. For the purposes of brevity and ease of reference, the book deviates from the traditional casebook format by summarizing rather than reprinting significant case decisions. Each chapter concludes with practical problems designed to promote class discussion about the appropriate exercise of prosecutorial discretion in hypothetical situations. The book is designed to be used either in a stand-alone seminar on prosecutorial ethics, or as a companion to materials used in a prosecution clinic.

Download or read book Unwarranted written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2017-02-21 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: “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.

Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Download or read book Model Code of Judicial Conduct written by American Bar Association and published by American Bar Association. This book was released on 2007 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Download or read book Harmful Error written by and published by . This book was released on 2003 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Also available online via the World Wide Web. An investigative study of prosecutorial misconduct in the U.S. conducted by the Center for Public Integrity. The site includes Main Findings, Prosecutor Profiles, Analyses, Nationwide Numbers, and a database searching option. Users also have the option of directly accessing data for their state via a drop-down menu. The Prosecutor Profiles highlight interesting cases of prosecutor conduct both good and bad. The Analyses section offers articles that provide in-depth treatment of the Center's findings including a summary of cases in which both a defendant's actual innocence and prosecutorial misbehavior were found. The Nationwide Numbers section details for each state the cases in which a defendant alleged prosecutorial error or misconduct. This section links to the database of records, which are organized by state and provide information on cases in which misconduct was found. The records indicate the defendant name, jurisdiction, citation, date and whether the misconduct was ruled harmless error or prejudicial conduct.

Download or read book Licensed to Lie written by Sidney K. Powell and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A gruesome suicide, a likely murder, a tragic plane crash, wrongful imprisonment, and gripping courtroom scenes draw readers into this compelling story giving them a frightening perspective on justice and who should be accountable when evidence is withheld. This is the true story of the strong-arm, illegal, and unethical tactics used by headline-grabbing federal prosecutors in their narcissistic pursuit of power. Its scope reaches from the US Department of Justice to the US Senate to the White House and is a scathing attack on prosecutors, judges, and all those who turned a blind eye to egregious injustices in the aftermath of the Enron collapse. The ramifications continue today as this corrupt cabal of former prosecutors now populates powerful political positions.

Download or read book Anatomy of Injustice written by Raymond Bonner and published by Vintage. This book was released on 2013-01-08 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Pulitzer Prize winner Raymond Bonner, the gripping story of a grievously mishandled murder case that put a twenty-three-year-old man on death row. In January 1982, an elderly white widow was found brutally murdered in the small town of Greenwood, South Carolina. Police immediately arrested Edward Lee Elmore, a semiliterate, mentally retarded black man with no previous felony record. His only connection to the victim was having cleaned her gutters and windows, but barely ninety days after the victim's body was found, he was tried, convicted, and sentenced to death. Elmore had been on death row for eleven years when a young attorney named Diana Holt first learned of his case. With the exemplary moral commitment and tenacious investigation that have distinguished his reporting career, Bonner follows Holt's battle to save Elmore's life and shows us how his case is a textbook example of what can go wrong in the American justice system. Moving, enraging, suspenseful, and enlightening, Anatomy of Injustice is a vital contribution to our nation's ongoing, increasingly important debate about inequality and the death penalty.

Download or read book Mean Justice written by Edward Humes and published by Simon and Schuster. This book was released on 2012-11-13 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: This national bestseller from the Pulitzer Prize-winner catapults readers to the dark side of the justice system with the powerful true story of one man's battle to prove his innocence. Besieged by murder, rape, and the vilest conspiracies, the all-American town of Bakersfield, California, found its saviors in a band of bold and savvy prosecutors who stepped in to create one of the toughest anti-crime communities in the nation. There was only one problem: many of those who were arrested, tried, and imprisoned were innocent citizens. In a work as taut and exciting as a suspense novel, Pulitzer Prize-winning author and journalist Edward Humes embarks on a chilling journey to the dark side of the justice system. He reveals the powerful true story of retired high-school principal Pat Dunn's battle to prove his innocence, and how he was the victim of a case tainted by hidden witnesses, concealed evidence, and behind-the-scenes lobbying by powerful politicians. Humes demonstrates how the mean justice dispensed in Bakersfield is part of a growing national trend in which innocence has become the unintended casualty of today's war on crime.