Author: Neil P. Cohen,Michael J. Benza,Wayne A. Logan
Category: Criminal procedure
This book and its companion, Q&A: Criminal Procedure ¿ Police Investigation, will assist learning and exam preparation in criminal procedure courses and for the bar exam. This volume covers discretion to prosecute, bail, complaint, initial appearance, preliminary hearing, grand jury, plea bargaining, joinder and severance, motion practice, discovery, time limitations, jurisdiction and venue, trial, double jeopardy, and postconviction remedies.
Focusing on the adjudicative phase of criminal procedure, Criminal Procedure: Adjudication, Third Edition combines Laurie L. Levenson’s first-hand experience in the criminal justice system with Erwin Chemerinsky’s student-friendly writing style. This volume examines the impact of a host of recent developments in the courts and legislature on the trial process. It eschews reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and trendsetting policy issues. The book utilizes a chronological approach that guides students through criminal procedure doctrine. In addition to presenting the perspectives from various stakeholders (i.e., defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure: Adjudication not only employs a systemic approach that takes students through issues from policy to application of legal doctrine but also introduces issues at the forefront of modern criminal procedure debates. Key Features: Straightforward writing style and clear, dynamic text that is uncluttered with law review excerpts and features thoughtfully edited principal and minor cases. Intuitive chronological presentation of topics. Systematic and cohesive exploration of policy on every issue, before moving on to the specifics of doctrine. Practice-oriented features and discussion of important, modern criminal procedure issues. Approachable organization based on common progression through criminal justice system. Straight writing style that relies on cases and author essays rather than law review excerpts and strict Socratic rhetoric questions. Practice-oriented features, discussion of modern policy issues, useful example documents for practitioners. Useful examples for future and current criminal law practitioners.
The Fourth Edition of this clearly written Understanding treatise is new in many respects. Most significantly, it has been enlarged to two volumes. Volume One: Investigation is intended for use in criminal procedure courses focusing primarily or exclusively on the police investigatory process. Volume Two: Adjudication covers the criminal process after the police investigation ends and the adjudicative process commences. The text covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out and some of the hottest debates in the field are considered in depth and objectively. The authors have also included citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics.
Law by Ronald Jay Allen,William J. Stuntz,Joseph L. Hoffmann,Debra A. Livingston,Tracey L. Meares
Author: Ronald Jay Allen,William J. Stuntz,Joseph L. Hoffmann,Debra A. Livingston,Tracey L. Meares
Publisher: Wolters Kluwer Law & Business
Criminal Procedure: Adjudication and Right to Counsel is for courses on criminal procedure law that focus on the issues pertaining to the adjudication of criminal cases. It is a spin-off of Comprehensive Criminal Procedure, by the same team of authors, which covers both the investigatory and adjudicatory aspects of criminal procedure law. The casebook focuses primarily on constitutional criminal procedure law, but also covers relevant statutes and court rules. The casebook is deliberately challenging it is designed for teachers who want to explore deeply not only the contemporary state of the law, but also its historical and theoretical foundations. The casebook incorporates a particular emphasis on empirical knowledge about the real-world impacts of law-in-action; the significance of race and class; the close relationship between criminal procedure law and substantive criminal law; the cold reality that hard choices sometimes must be made in a world of limited criminal justice resources; and, finally, the recognition that criminal procedure law always should strive to achieve both fairness to the accused and justice for society as a whole.
Law and morality : constructs and models -- The morality of cognition : the normativity of ordinary reasoning -- Law in action : a praxeological approach to law and justice -- Law in context : legal activity and the institutional context -- Procedural constraint : sequentiality, routine, and formal correctness -- Legal relevance : the production of factuality and legality -- From law in the books to law in action : Egyptian criminal law between doctrine, case law, jurisprudence, and practice -- The natural person : the contingent and contextual production of legal personality -- The production of causality : a praxeological grammar of the use of causal concepts -- Intention in action : the teleological orientation of the parties to criminal cases -- Morality on trial : structure and intelligibility of the court sentence -- Questions of morality : sequential, structured organization of the interrogation -- The categories of morality : homosexuality between perversion and debauchery
Combining first-hand knowledge of the criminal procedure system with stellar constitutional law scholarship, Levenson and Chemerinsky now offer a free-standing and student-friendly casebook that focuses on the adjudication phase of criminal procedure. Written in the eminently articulate style that characterizes Chemerinsky's Constitutional Law casebook, Criminal Procedure: Adjudication offers: straightforward essays by the authors that illuminate principal and minor cases a first-chapter overview of criminal procedure that looks at: the roles of the participants the progression of a case through the system key procedural rules and governing principles the Incorporation Doctrine the test for determining when new procedural rules should be applied retroactively a consistent and systematic chapter structure that: introduces the topic discusses the history and development of the law cites examples from recent cases where the key issues have been raised offers an analytic critique of the resolution of the issues chronologically organized chapter topics that mirror the sequential ordering of the adjudication process samples of legal pleadings that exemplify attorneys' actual arguments a panoramic perspective on practice as conveyed through the eyes of prosecutors, defense counsel, judges, police, and victims Supreme Court cases from the 2006-2007 term a detailed Teacher's Manual that offers questions and answers to support teaching and fuel class discussion an expanded teaching package that includes PowerPoint slides, a DVD that presents the facts and backgrounds of several key cases, and an author website Sure, it is a pleasure to teach and to read, but you could decide to adopt it simply for the wealth of experience and expertise that Chemerinsky and Levenson bring to their subject.
Part Two of Criminal Process examines aspects of prosecution involving a criminal offense. Addresses preliminary examination, bail, and the decision to prosecute. Covers indictment, pleas and plea bargaining, and the proceedings before the trial. Examines the trial, new trial, sentence and judgment, and appeal. Also includes discussion of double jeopardy and collateral attack. Includes softbound supplement.
My purpose in writing my book is to inform individuals interested in becoming lawyers that they must be positively sure that they are ready to enter a very disciplined world, obtain the required educational foundation that one needs to be successful in law school, and look deep within themselves to see if they have the necessary personality to be successful in their legal studies, the proper procedure to follow upon completing their bachelor of arts (BA) degree in applying to law school, and a heads-up approach on how to properly handle the reading comprehension section of the LSAT. Therefore, because I know how difficult the LSAT actually is, I am publishing my version of the reading comprehension section of the LSAT, and I am positive that the individuals who purchase my book and take it to heart and get to the task of teaching themselves the reading comprehension section of the LSAT and study each day will have a better understanding of how to properly approach this section. REMEMBER HARD WORK AND PRACTICE IS THE KEY TO BEING SUCCESSFUL. Very truly yours, Basil R. Loucas Good morning, on April 14, 2014, the e book version of my book LSAT THE LOUCAS WAY was awarded a "Bronze Nominee Sticker" from the "4th Annual Global E Book Awards 2014" and on August 17, 2014 it was the Bronze Medal Winner of the "2014 Global E Book Awards" in the non-fiction Reference category. As I see it, LSAT THE LOUCAS WAY is a unique approach and it far exceeds anything the competition currently has to offer. As a result, it will revolutionize how an individual who wants to be an attorney should approach and complete the reading comprehension section of LSAT.
Criminal justice, Administration of by David E. Aaronson,Nicholas N. Kittrie,David J. Saari
A Comparison Between Australia, England and Germany
Author: Matthias Boll
Publisher: Diplomica Verlag
Die regelm ige Abk rzung und Vereinfachung eines Strafprozesses durch ein Gest ndnis des Angeklagten, das durch einen zuvor ausgehandelten Strafnachlass angeregt wird, birgt verf hrerische Chancen und t ckische Risiken f r einen Rechtsstaat. Hierzu werden die reichhaltigen Erfahrungen im angels chsischen Strafprozess dargestellt, in dem das Schuldbekenntnis des Angeklagten gegen ber einer aufwendigen Beweisf hrung vor einer Jury von Geschworenen l ngst den Regelfall und nicht mehr die Ausnahme der Prozesserledigung darstellt. Insbesondere wird die (irreversible?) Eigendynamik beleuchtet, die sich mit der Etablierung dieser Prozessgestaltung in Australien, England und den USA entwickelt hat. Diese Erkenntnisse werden mit Blick auf den deutschen Strafprozess, der in j ngerer Zeit eine zunehmende Absprachepraxis erf hrt, einer kritischen W rdigung unterzogen. The regular shortening and easement of a criminal trial by a plea of guilty of the defendant induced by a bargained sentence discount implies seductive chances and tricky risks as measured by the rule of law. For this it is drawn from the comprehensive experiences in the Anglo-Saxon criminal process, where a plea of guilty has become the rule and no more the exception for the handling of criminal trials. A special focus is laid on the (irreversible?) momentum which has come along with the establishment of this practice in Australia, the UK and the USA. These findings are scrutinized with regard to the increasing practice of agreements in the German criminal trial.
60 years after the trials of the main German war criminals, the articles in this book attempt to assess the Nuremberg Trials from a historical and legal point of view, and to illustrate connections, contradictions and consequences. In view of constantly reoccurring reports of mass crimes from all over the world, we have only reached the halfway point in the quest for an effective system of international criminal justice. With the legacy of Nuremberg in mind, this volume is a contribution to the search for answers to questions of how the law can be applied effectively and those committing crimes against humanity be brought to justice for their actions.