Street Legal


Book Description

This 396-page book provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms what you can do and what you can't do under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it's all covered in this concise reference. In addition, numerous charts and guides are included throughout the book to make this as practical a guide as possible.




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.







Gideon's Promise


Book Description

A blueprint for criminal justice reform that lays the foundation for how model public defense programs should work to end mass incarceration. Combining wisdom drawn from over a dozen years as a public defender and cutting-edge research in the fields of organizational and cultural psychology, Jonathan Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Public defenders represent over 80% of those who interact with the court system, a disproportionate number of whom are poor, non-white citizens who rely on them to navigate the law on their behalf. More often than not, even the most well-meaning of those defenders are over-worked, under-funded, and incentivized to put the interests of judges and politicians above those of their clients in a culture that beats the passion out of talented, driven advocates, and has led to an embarrassingly low standard of justice for those who depend on the promises of Gideon v. Wainwright. However, rather than arguing for a change in rules that govern the actions of lawyers, judges, and other advocates, Rapping proposes a radical cultural shift to a “fiercely client-based ethos” driven by values-based recruitment and training, awakening defenders to their role in upholding an unjust status quo, and a renewed pride in the essential role of moral lawyering in a democratic society. Through the story of founding Gideon’s Promise and anecdotes of his time as a defender and teacher, Rapping reanimates the possibility of public defenders serving as a radical bulwark against government oppression and a megaphone to amplify the voices of those they serve.




North Carolina Defender Manual


Book Description

Volume Two of the North Carolina Defender Manual is a resource for public defenders and appointed counsel who represent poor people accused of crimes. The book focuses primarily on criminal procedure at the trial stage. Chapters cover a variety of topics, such as personal rights of the defendant, selection of the jury, opening and closing arguments, witness examination, and appeals, post-conviction litigation, and writs.




United States Attorneys' Manual


Book Description




Raising Issues of Race in North Carolina Criminal Cases


Book Description

View this manual, a reference in the School's Indigent Defense Manual Series, free of charge at defendermanuals.sog.unc.edu. Raising Issues of Race in North Carolina Criminal Cases is a resource for public defenders and appointed counsel who represent poor people accused of crimes. This publication is also useful to judges, prosecutors, and others who work to safeguard the integrity of the court system. The book describes the ways in which considerations of race may improperly enter into the conduct of a criminal case, and gathers, organizes, and analyzes the law on the intersection of race and the criminal justice system. Ten chapters cover a variety of topics, such as: -stops, searches, and arrests; -eyewitness identification; -pretrial release; -selective prosecution; -composition of grand and trial juries; -trial issues; and -sentencing.




For the Prosecution


Book Description

The vast majority of prosecution work occurs outside of courtrooms and less than 10% of all criminal cases go to trial. Courtroom performance, then, is of little import if prosecutors have not carefully investigated and prepared cases for prosecution. Courtroom performance is at its best, on the other hand, when prosecutors have thoroughly supervised the investigation and prepared the case for trial. In the end, the raw material prosecutors have to work with in courtrooms—the evidence—is a product of all of the work prosecutors perform outside the courtroom. For the Prosecution: How to Prosecute Criminal Cases seeks to provide prosecutors and those who wish to become prosecutors, including law students, guidance on how to prosecute criminal cases from investigation to appeal. This book provides guidance on how to successfully investigate and prosecute criminal cases. Thus, this book focuses on strategies and tactics involved in prosecution, and the soft skills for managing cases and people. This book examines how to think about criminal cases, guide investigations, and break down and organize complex cases in a persuasive manner. The book also examines ways to organize and prioritize caseloads, strategies for taking down criminal organizations, and tactics for turning criminals into cooperators. The book describes how to handle motions practice, prepare a case for trial, and successfully litigate sentencing hearings and appeals. This is not just another trial advocacy book. It is all of the work prosecutors perform outside the courtroom that makes it possible for them to resolve more than 90% of their cases through guilty pleas, and to prevail on the relatively few cases that go to trial. This book focuses on all the laws, duties, strategies and tactics prosecutors execute investigating and prosecuting criminal cases for those who wish to become prosecutors or further their career. Throughout C.J. Williams explores the strategies and tactics involved in prosecuting criminal cases, as well as examines the skills a successful prosecutor needs to develop in order to work with all those involved in the criminal justice system. He even brings his own experiences and lessons learned about prosecuting criminal cases into For the Prosecution, giving the reader more than the typical trial advocacy book.




Inside the Criminal Courts


Book Description

Inside the Criminal Courts is an innovative textbook that combines elements of nonfiction with fictional stories based in large part on author David Lynch's experiences as a full-time prosecutor and full-time public defender. Lynch, who holds both a law degree and a PhD in criminal justice, has published numerous articles on the criminal courts in such leading journals as Law & Social Inquiry, Criminal Justice and Behavior, and the Journal of Criminal Justice. He currently teaches in the criminal justice program at Weber State University where he recently won a prestigious teaching award. Inside the Criminal Courts covers all of the usual topics generally associated with a course on the criminal courts, but does so by integrating the essentials into compelling and realistic stories that are enjoyable to read. Students learn important concepts and terms which are embedded in instructive case studies featuring prosecutors, defense attorneys, judges, witnesses, defendants, and others. Far from being merely a book on the law, this text takes the reader behind the scenes on a journey into the real world dynamics of criminal courthouse justice. An instructor's manual (including a test bank) is available. Topics explored in this book are presented in fifteen chapters as follows: (1) The Education of Lawyers and Judges; (2) A Day in Juvenile Court; (3) Justice Delayed; (4) The Criminal Defense Attorney; (5) The Prosecuting Attorney; (6) The Judge; (7) The Witness; (8) The Steps of Due Process; (9) The Plea Bargain; (10) The Trial, Part I; (11) The Trial, Part II; (12) The Jury Deliberates; (13) Sentencing; (14) The Appeal; (15) Problem-Solving Courts. "Inside the Criminal Courts could stand alone or as a supplement to a more general text on the criminal justice system. Lynch has produced an easy-to-read, enjoyable, and informative book on the criminal courts that will serve students well. I recommend the adoption of this book by anyone teaching in this area." - Criminal Justice Review




Defender Habeas Book


Book Description