ABA Standards for Criminal Justice


Book Description

"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.




Representing the Accused


Book Description

Whether you are a law clinic student making your first foray into criminal defense, a newly admitted attorney, a general practitioner, or an attorney whose practice is concentrated in criminal defense, Representing the Accused will provide you with invaluable advice as you navigate your way through a criminal case. Authored by an experienced criminal defense attorney in a large public defenders office who has personally handled thousands of criminal cases, supervised representation in thousands more, and trained scores of attorneys, this book provides insight and guidance on how to efficiently and effectively manage each step in the handling of a criminal case. In order to help you provide quality representation to your clients, this publication offers clear explanations of a criminal attorneys role at every stage, from the arrest through the conclusion of the case.




Secrets of Criminal Defense


Book Description

Are you accused of a crime? Are you incarcerated? Are you close to someone who is? Are you a law student? (You won't find this information in law school!) Are you a practicing attorney who wants to be certain to excel in the arena of criminal defense? The secrets in this book serve as a guiding light to achieving Total Victory in the courtroom. An excellent criminal defense attorney's goal is Total Victory which means dismissal of all charges prior to trial, acquittal at trial, or reversal on appeal with directions to dismiss. A plea bargain is not Total Victory, nor can any form of win-win negotiating be Total Victory. Why should the prosecutor get anything? Every criminal case presents potential opportunities for Total Victory. An excellent criminal defense attorney knows how to transform these opportunities into actual dismissal or acquittal. When a lawyer is 100% for the client and stands up for the client to the nth degree, each secret of criminal defense is crucial. Just as a chain is no stronger than its weakest link, an excellent criminal defense attorney knows how to maximize representation in every case, never allowing a weak link. Those criminal defense attorneys who deserve the word excellent work to Win! They do everything they can think of within the law and the rules to win, and they win because they are knowledgeable and experienced with the tools and techniques and state of mind set forth in this book. Written in a clean, clear style, its also a most enjoyable read!







Model Rules of Professional Conduct


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.




Defense Investigation and Discovery in Criminal Cases


Book Description

Written by a seasoned criminal defense attorney, Defense Investigation and Discovery in Criminal Cases shares trial-tested investigation and discovery methods. The book combines an exploration of theoretical and jurisprudential concepts that govern a defendant's right to obtain information from the prosecutor with practical advice on integrating discovery information into an effective defense. This book examines the history of discovery in criminal cases, including the defendant's due process right recognized in Brady and its progeny, while exploring constitutional, statutory, and rule-based arguments to compel the government to provide discovery to defendants. The author includes a fifty-state survey on discovery rules and statutes that identifies the trend toward more liberal discovery and provides tools for defense counsel in jurisdictions where discovery is limited. Additionally, this essential title highlights innovative ways that defense counsel can get the information they need outside of the traditional discovery process and lays out ethical standards for professional conduct as it relates to the right of discovery. The author provides "use it today" sample motions that any criminal defense attorney will appreciate. A perfect combination of theoretical and practical, Defense Investigation and Discovery in Criminal Cases is an invaluable resource for criminal defense attorneys. Book jacket.




The Defense Counsel


Book Description

This book presents new research and thinking about the role of the defense counsel in the American criminal justice system. The right to counsel is guaranteed, but can an overworked public defender who is paid for the number of cases taken on really be compared with expensive private attorneys? Original essays explore such issues as performance measurement to ensure proper counsel, the differences between public and private defenders, and the dwindling number of private defense counsels.




Cultural Issues in Criminal Defense


Book Description

The one essential treatise for representing immigrant and diverse clients, up to date with Padilla v Kentucky, with jurisprudence and practice tips relevant to all stages of representation, from interviewing clients to handling post conviction and relief. This treatise will be of interest to public defender offices as well as private practitioners.Keeping pace with the rapidly changing face of America, Cultural Issues in Criminal Defense -3rd edition is the complete reference guide to one of the most challenging and topical subjects in contemporary criminal law. Cultural Issues in Criminal Defense is an indispensable book for the criminal defense lawyer representing people from other cultures, nationalities or ethnic backgrounds. Lawyers defending these individuals face a host of characteristic concerns that include cultural barriers to communication, the need for qualified interpreters, unique Fourth and Fifth Amendment issues, cultural defenses, issues involving Native Americans, the immigration consequences of a conviction, and distinctive sentencing issues. Packed with practice tips and helpful precedent cases, Cultural Issues in Criminal Defense is the only book on the market that walks the practitioner through these issues in a clear, comprehensive and systematic way. Extensively updated and expanded for its third edition, the guide now includes chapters on stimulating new subjects such as consular assistance issues, gathering evidence abroad, language proficiency concerns and international prisoner transfers.




In Defense of Youth


Book Description

In recent years the decisions of the United States Supreme Court in the area of juvenile law and the growing public awareness of the delinquency problem have brought about drastic changes in American juvenile courts. This book represents a major research effort to determine the effect of defense counsel's performance on the conduct and outcome of delinquency cases. After a brief historical analysis of the factors leading to changes in juvenile law, the authors explore in detail the impact of the lawyer's presence and performance on the outcomes of cases in two juvenile courts. The analysis further explores the various factors influencing a lawyer's defense posture and develops the thesis that the effectiveness of counsel is determined largely by the structure of the delinquency hearing and the willingness and ability of court personnel and procedures to adapt to the introduction of an adversarial role of defense counsel. What makes this study unique is the large-scale effort to combine legal analysis and sociological methodology to the study of an action-oriented program. The use of the classical experimental design, the selection of control and experimental groups by random assignment, and the extent to which the use of this methodology increases the validity of the results, will be of interest to both lawyers and social scientists. The book is a major contribution to the growing literature in the field of the sociology of law.