Prosecution Complex
Prosecution Complex

Author: Daniel S. Medwed

Publisher: NYU Press

Published: 2013-11

Total Pages: 240

ISBN-13: 1479893080

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American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant’s guilt and safeguard that conviction over time. In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys’ offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.

Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime - Third Edition
Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime - Third Edition

Author: Jimmy Gurulé

Publisher: Juris Publishing, Inc.

Published: 2013-10-01

Total Pages: 914

ISBN-13: 1578233372

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Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an analysis of the principal legal issues that federal prosecutors and defense attorneys need to consider in handling long-term, complex criminal conspiracies that frequently involve multiple and diverse criminal acts from the rules relating to grand jury secrecy, granting immunity, bail, criminal discovery, and all points in between. Finally, because organized criminal activity respects no national boundaries, the treatise includes a comprehensive discussion of international criminal law, including extraterritorial jurisdiction and extradition. Criminal trial attorneys involved in litigating complex criminal cases will benefit greatly from reading this treatise.

The Unlawful Society
The Unlawful Society

Author: Paul Battersby

Publisher: Springer

Published: 2014-08-05

Total Pages: 239

ISBN-13: 1137282967

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Exploring the dynamics of law-making in a world where the pace of technological change is outstripping our capacity to capture new forms of transnational crime, this book uses the innovative concept of unlawfulness to examine the crimes of the global overworld, forming a unique analysis of global order in the twenty-first century.

Criminal Law, Procedure, and Evidence
Criminal Law, Procedure, and Evidence

Author: Walter P. Signorelli

Publisher: Taylor & Francis

Published: 2023-10-12

Total Pages: 396

ISBN-13: 1000959236

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Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.

Out-of-Control Criminal Justice
Out-of-Control Criminal Justice

Author: Daniel P. Mears

Publisher: Cambridge University Press

Published: 2017-09-28

Total Pages: 325

ISBN-13: 110716169X

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This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.

Privilege and Punishment
Privilege and Punishment

Author: Matthew Clair

Publisher: Princeton University Press

Published: 2022-06-21

Total Pages: 320

ISBN-13: 069123387X

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How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.