Criminal Procedures

Prosecution and Adjudication

Author: Marc L. Miller,Ronald F. Wright

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860898

Category: Law

Page: 816

View: 3773

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In Criminal Procedures: Prosecution and Adjudication: Cases, Statutes, and Executive Materials, the highly respected author team presents a student-friendly, comprehensive survey of the laws and practices at work between the time a person is charged and when the courts resolve the offender's conviction and sentence. In the Fifth Edition, the authors retain the vitality and contemporary approach of the book with an updated selection of cases and statutes and expanded discussions of important topics. Covering in detail the "bail-to-jail" portions of the criminal process, this casebook features: Extensive use of documents from multiple institutions including U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and prosecutorial policies; a real world perspective that focuses on high-volume issues of current importance to defendants, lawyers, courts, legislators, and the public; interdisciplinary examination of the impact that different procedures have on the enforcers, lawyers, courts, communities, defendants, and victims; and frequent use of Problems that gives the instructor options for applying concepts and doctrines in realistic practice settings. Key Features of the New Edition: Includes coverage of recent U.S. Supreme Court decisions regarding ineffective assistance of counsel during plea negotiations. Reflects current debates about prosecutorial declinations in the context of marijuana possession charges. Introduces students to debates over prosecutor compliance (or non-compliance) with their discovery and disclosure obligations before trial. Traces the impact of the "innocence movement" on the regulation of criminal investigations. ;

Criminal Procedures

Cases, Statutes, and Executive Materials

Author: Marc Louis Miller,Ronald F. Wright

Publisher: Aspen Publishers

ISBN: 9781567066456

Category: Law

Page: 1866

View: 9176

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This exciting new casebook takes a fresh and original approach to comprehensive criminal procedure. Fully reflecting the current redirection of criminal procedure away from federal constitutional adjudication and toward state courts, legislatures, and executive agencies, Miller and Wright's CRIMINAL PROCEDURES provides up-to-the-minute coverage of the way criminal procedure is handled in the courts - and on the streets - of the United States today. Balancing historical development and contemporary issues, The authors include all major U.S. Supreme Court decisions as well as a range of important state cases. They show how state courts have taken all possible positions with respect to Supreme Court precedent. Their impressive coverage of search and seizure issues offers the most thorough treatment in print of the effects of new technology on criminal procedure. The 26 chapters of Criminal Procedures: Cases, Statutes, and Executive Materials are divided into four main parts: Gathering Information Charging, Preliminary Evaluation of Charges, and Punishing without Conviction Plea Bargaining, Trial, and Other Alternatives Measuring and Reassessing Guilt and Punishment. Because most criminal defendants do not go to trial, The materials emphasize: procedural variety materials from multiple institutions real process topics political context the impact of procedures. Provocative and interesting cases and other primary materials illustrate the core issues, with short notes introducing certain sections. Problems built around actual cases or news accounts of criminal justice events develop themes of innovative multiple institutions in each chapter. Notes on principal cases highlight key points for class discussion. CRIMINAL PROCEDURES: Cases, Statutes, and Executive Materials is strengthened by: A lively and engaging writing style an exceptionally thorough Teacher's Manual. In addition to supplying background To The problems in the book, it offers exercises in drafting statutes, police department rules or opinions, references, lines of questions, and exercises. A special section gives pointers on how to cover topics in different ways and in shorter amounts of time Separate pages for students and professors on the World Wide Web at www.crimpro.com. Join the numerous professors who hve already adopted this exciting new casebook!

Plea Bargaining

The Experiences of Prosecutors, Judges, and Defense Attorneys

Author: Milton Heumann

Publisher: University of Chicago Press

ISBN: 9780226331881

Category: Political Science

Page: 228

View: 4887

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"That relatively few criminal cases in this country are resolved by full Perry Mason-style strials is fairly common knowledge. Most cases are settled by a guilty plea after some form of negotiation over the charge or sentence. But why? The standard explanation is case pressure: the enormous volume of criminal cases, to be processed with limited staff, time and resources. . . . But a large body of new empirical research now demands that we re-examine plea negotiation. Milton Heumann's book, Plea Bargaining, strongly and explicitly attacks the case-pressure argument and suggests an alternative explanation for plea bargaining based on the adaptation of attorneys and judges to the local criminal court. The book is a significant and welcome addition to the literature. Heumann's investigation of case pressure and plea negotiation demonstrates solid research and careful analysis."—Michigan Law Review

Sentencing Law and Policy

Cases, Statutes, and Guidelines

Author: Nora Demleitner,Douglas Berman,Marc L. Miller,Ronald F. Wright

Publisher: Wolters Kluwer Law & Business

ISBN: 1454897694

Category: Law

Page: 528

View: 8044

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One of the foremost books in Sentencing Law, the new fourth edition continues in the tradition of its predecessors by giving students a comprehensive overview of modern sentencing practices. Authored by leading scholars, this casebook provides thorough examination of underlying doctrine, motivates students to tackle the important policy and political issues that animate sentencing practices, and poses challenging questions and hypotheticals to stimulate class discussion and independent thought. Key Features: More streamlined focus. Material covered in the third edition has been updated and streamlined reducing the length by more than 400 pages. Chapters 7-11 in the previous edition have been expanded and updated and are now available online. Thoroughly updated to address important statutory and case law changes, including important U.S. Supreme Court, U.S. Court of Appeals, state appellate court decisions and recent scholarship. Coverage of modern policy issues, including mass incarceration, prosecutorial and judicial discretion, punishment for drug crimes, revised federal and state sentencing guidelines, racial and other disparities in sentencing, and topics associated with administration of the death penalty. Expanded Teachers Manual with sample syllabi and other supporting materials to help professors construct personalized teaching plans that integrate the text and online materials.

Criminal Litigation and Legal Issues in Criminal Procedure: Readings and Hypothetical Exercises

Author: NITA,Brent E. Newton

Publisher: LexisNexis

ISBN: 1632814331

Category: Law

Page: N.A

View: 4347

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The Fourth Edition of Criminal Litigation & Legal Issues in Criminal Procedure is designed to incorporate the substantive law of criminal procedure into a trial advocacy course. The traditional trial advocacy course is concerned almost exclusively with "skills training" (e.g., learning techniques for cross-examining a witness), but does not incorporate much, if any, substantive law. Conversely, a traditional substantive course on criminal law or criminal procedure focuses exclusively on legal principles and doctrine, but does not involve training students in courtroom advocacy skills concerning substantive law. In Criminal Litigation & Legal Issues in Criminal Procedure, author Brent Newton merges elements from these two types of courses into one and seeks to bridge the gap between them. The eBook versions of this title feature links to Lexis Advance for further legal research options.

Shaming the Constitution

The Detrimental Results of Sexual Violent Predator Legislation

Author: Michael L. Perlin,Heather Ellis Cucolo

Publisher: N.A

ISBN: 9781439912911

Category: Law

Page: 344

View: 6162

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Implementation Handbook for the Convention on the Rights of the Child

Author: Rachel Hodgkin,Peter Newell

Publisher: United Nations Publications

ISBN: 9789280641837

Category: Law

Page: 787

View: 8518

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"The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.

Jumpstart Constitutional Law

Reading and Understanding Constitutional Law

Author: Jethro K. Lieberman

Publisher: Wolters Kluwer Law & Business

ISBN: 1454838892

Category: Law

Page: 208

View: 7700

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Jumpstart Constitutional Law: Reading and Understanding Constitutional Law Cases, sheds light on the threshold issues and substantive questions common to all constitutional law cases thus bringing everything into focus for the student. Key to constructing cogent answers on a Constitutional Law exam, Jethro K. Lieberman s straightforward approach teaches students how to spot the issues and respond to the relevant questions in any constitutional law case. Features: Perspective A tour of the American Constitution from a bird s-eye view. Understanding threshold issues: Who may decide constitutional disputes? Under what circumstances may a court decide a case? Must the court take and answer a constitutional question in a property case? Identifying substantive issues: determining the scope of govenmental powers; federalism, and the relationship between federal and state powers; and, constitutional restraints that limit the exercise of governmental power. Interpreting the Constitution: using tests to determin the limits of power and the extent of rights; tools of analysis for interpreting the Constitution; and the role of precedent and change. Training real preparation for taking the Constitutional Law exam: a program for effective studying; sample constitutional law exam questions and answers; and exam-taking strategies.

Legal Reasoning and Legal Writing (Looseleaf)

Author: Richard K. Neumann, Jr.,Kathryn M. Stanchi

Publisher: Aspen Publishers

ISBN: 9781454889106

Category:

Page: 453

View: 4573

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Buy anew versionof this Connected Casebook and receiveaccessto theonline e-book, practice questionsfrom your favorite study aids, and anoutline toolon CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. This looseleaf version of the Connected Casebook does not come with a binder. Legal Reasoning and Legal Writing teaches students how to organize and incorporate a legal argument into strong and cogent writing for a variety of applications in legal practice. Because effective legal writing is predicated on sound legal reasoning, the authors treat both as integral parts of one process. Key Features: Comprehensive coverage of how to write an office memo, motion memo, and appellate brief--with additional chapters on oral argument, client letters, and professional email Exceptionally student-friendly treatment of how to organize a proof for a conclusion of law A thoughtful look at all aspects of legal reasoning, from rule-based analysis to the strategy of persuasion An accessible approach that focuses on the process of writing timely examples and exercises from legal practice A full complement of sample documents in the Appendices Additional materials and resources on the Companion Website. A timely revision that reflects current practice, the Eighth Edition presents: Expanded coverage of oral research reports and email correspondence New sample appellate briefs from a recent transgender rights case A fresh look at statutory construction and case analysis CasebookConnectfeatures: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions fromExamples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flashflashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.

Criminal Procedure: Adjudication

Author: Erwin Chemerinsky,Laurie L. Levenson

Publisher: Wolters Kluwer Law & Business

ISBN: 1454882980

Category: Law

Page: 756

View: 9547

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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.

Constitutional Law

Cases in Context

Author: Randy E. Barnett,Josh Blackman

Publisher: Wolters Kluwer Law & Business

ISBN: 1454892889

Category: Law

Page: 1744

View: 5332

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Constitutional Law: Cases in Context, Third Edition places primary emphasis on how constitutional law has developed since the Founding, its key foundational principles, and recurring debates. By providing both cases and context, it conveys the competing narratives that all lawyers ought to know and all constitutional practitioners need to know. Teachable, manageable, class-sized chunks of material are suited to one-semester courses or reduced credit configurations. Generous case excerpts make the text flexible for most courses. Cases are judiciously supplemented with background readings from various sources. Innovative study guide questions presented before each case help students focus on the salient issues, challenging them to consider the court’s opinions from various perspectives, and suggesting comparisons or connections with other cases. Key Benefits: Revised doctrinal areas with newer cases. Updated background contextual material to reflect current scholarship. A highly accessible and engaging structure that examines the competing narratives that pervade the development of American constitutional law since the founding. Related cases are grouped together into “assignments” and make for a reasonable amount of reading for each topic. A wealth of photographs, maps, and primary documents to bring the cases to life.

Quality Control in Fact-finding

Author: Morten Bergsmo

Publisher: Torkel Opsahl Academic Epublisher

ISBN: 9788293081784

Category: Criminal investigation

Page: 508

View: 8522

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This book discusses how fact-finding mechanisms for alleged violations of international human rights, humanitarian and criminal law can be improved. There has been a significant increase in the use of international, internationalised and domestic fact-finding mechanisms since 1992, including by the United Nations human rights system, international commissions of inquiry, truth and reconciliation commissions, and NGOs. They are analysed and assessed in detail by 19 authors under the common theme Quality Control in Fact-Finding . The authors include Richard J. Goldstone, Martin Scheinin, LIU Daqun, Charles Garraway, David Re, Simon De Smet, FAN Yuwen, Isabelle Lassee, WU Xiaodan, Dan Saxon, Chris Mahony, Dov Jacobs, Catherine Harwood, Lyal S. Sunga, Wolfgang Kaleck, Carolijn Terwindt, Ilia Utmelidze and Marina Aksenova. Serge Brammertz has written the Preface, and LING Yan a Foreword. The book emphasises quality awareness and improvement in non-criminal justice fact-work. This quality control approach recognises, inter alia, the importance of leadership in fact-finding mechanisms, the responsibility of individual fact-finders to continuously professionalise, and the need for fact-finders to be mandate-centred. It is an approach that invites the consideration of how the quality of every functional aspect of fact-finding can be improved, including work processes to identify, locate, obtain, verify, analyse, corroborate, summarise, synthesise, structure, organise, present, and disseminate facts. The book also considers regulatory approaches to enhance quality and professionalisation.

Constitutional Law

Author: Erwin Chemerinsky

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860596

Category: Law

Page: 1900

View: 4441

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A leading fifth edition text by a prominent scholar, Constitutional Law, is known for its concise, yet comprehensive presentation. Professor Chemerinsky’s distinctive approach presents the law solely through case excerpts and his own essays, and with the author’s context and background information, the law becomes more readily understood. The text’s flexible organization accommodates a variety of course structures so that no chapter assumes that students have read preceding material. Finally, a complete Teacher's Manual and Annual Case Supplement round out this acclaimed Constitutional Law text. Features: Comprehensive coverage; accessible writing style Distinctive approach presents the law solely through case excerpts and author-written essays Provides context and background information Flexible organization—no chapter assumes that students have read other chapters Updated throughout; includes major new cases


Antitrust Law and Intellectual Property Rights

Cases and Materials

Author: Christopher R. Leslie

Publisher: Oxford University Press, USA

ISBN: 0195337190

Category: Law

Page: 681

View: 7343

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In Antitrust Law and Intellectual Property Rights: Cases and Materials, Christopher R. Leslie describes how patents, copyrights, and trademarks confer exclusionary rights on their owners, and how firms sometimes exercise this exclusionary power in ways that exceed the legitimate bounds of their intellectual property rights. Leslie explains that while substantive intellectual property law defines the scope of the exclusionary rights, antitrust law often provides the most important consequences when owners of intellectual property misuse their rights in a way that harms consumers or illegitimately excludes competitors. Antitrust law defines the limits of what intellectual property owners can do with their IP rights. In this book, Leslie explores what conduct firms can and cannot engage in while acquiring and exploiting their intellectual property rights, and surveys those aspects of antitrust law that are necessary for both antitrust practitioners and intellectual property attorneys to understand. This book is ideal for an advanced antitrust course in a JD program. In addition to building on basic antitrust concepts, it fills in a gap that is often missing in basic antitrust courses yet critical for an intellectual property lawyer: the intersection of intellectual property and antitrust law. The relationship between intellectual property and antitrust is particularly valuable as an increasing number of law schools offer specializations and LLMs in intellectual property. This book also provides meaningful material for both undergraduate and graduate business schools programs because it explains how antitrust law limits the marshalling of intellectual property rights.

Economic Principles of Law

Author: Cento G. Veljanovski

Publisher: Cambridge University Press

ISBN: 1139464892

Category: Business & Economics

Page: N.A

View: 884

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Economic Principles of Law, first published in 2007, applies economics to the doctrines, rules and remedies of the common law. In plain English and using non-technical analysis, it offers an introduction and exposition of the 'economic approach' to law - one of the most exciting and vibrant fields of legal scholarship and applied economics. Beginning with a brief history of the field, it sets out the basic economic concepts useful to lawyers, and applies these to assess the core areas of the common law - property, contract, tort and crime - with particular emphasis on their doctrinal structure and remedies. This is done using leading cases drawn from the birthplace of the common law (England & Wales) and other common law jurisdictions. The book serves as a primer to the wider use of economics which has become increasingly important for law students, lawyers, legislators, regulators and those concerned with our legal system generally.

Antitrust Law

Economic Theory and Common Law Evolution

Author: Keith N. Hylton

Publisher: Cambridge University Press

ISBN: 9780521793780

Category: Law

Page: 413

View: 6928

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This book is an effort to consolidate several different perspectives on antitrust law. First, Professor Hylton has presents a detailed description of the law as it has developed through numerous judicial opinions. Second, the author presents detailed economic critiques of the judicial opinions, drawing heavily on the literature in law and economics journals. Third, Professor Hylton integrates a jurisprudential perspective into the analysis that looks at antitrust as a vibrant field of common law. This last perspective leads the author to address issues of certainty, stability, and predictability in antitrust law, and to examine the pressures shaping its evolution.

Criminal Procedures

Cases, Statutes, and Executive Materials 2016 Supplement

Author: Marc L. Miller,Ronald F. Wright

Publisher: Wolters Kluwer Law & Business

ISBN: 1454881046

Category: Law

Page: 152

View: 8243

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Criminal Procedures: Cases, Statutes, and Executive Materials 2016 Supplement