The rapid growth of digital technology and its spread into every facet of life are producing increasingly complex discovery issues in federal criminal cases. There are several advantages to electronically stored information (ESI, or e-discovery), including speed, efficiency, and quality of information. To ensure these benefits are realized, judges and lawyers working on federal criminal cases need guidance on how best to address e-discovery issues. Judges can play a vital oversight role to ensure that e-discovery moves smoothly, trial deadlines are met, and the parties and courts are able to review and identify critical evidence. This pocket guide was developed to help judges manage complex e-discovery in criminal cases. A note of appreciation goes to Judge Xavier Rodriguez (W.D. Tex.), and Magistrate Judges Laurel Beeler (N.D. Cal.) and Jonathan W. Feldman (W.D.N.Y.), for their suggestions and advice, as well as to our fellow members of the Joint Electronic Technology Working Group, who improved this publication.
Federal Criminal Discovery thoroughly covers each of the different methods of discovery available to the parties in federal criminal cases. It serves as an invaluable resource for judges, academics, prosecutors, and defense lawyers by providing an exhaustive discussion on the statutory and constitutional bases for discovery, and by covering the existing law fairly while examining both sides of the issues.
Discover the process of e-discovery and put good practices in place. Electronic information involved in a lawsuit requires a completely different process for management and archiving than paper information. With the recent change to Federal Rules of Civil Procedure making all lawsuits subject to e-discovery as soon as they are filed, it is more important than ever to make sure that good e-discovery practices are in place. e-Discovery For Dummies is an ideal beginner resource for anyone looking to understand the rules and implications of e-discovery policy and procedures. This helpful guide introduces you to all the most important information for incorporating legal, technical, and judicial issues when dealing with the e-discovery process. You'll learn the various risks and best practices for a company that is facing litigation and you'll see how to develop an e-discovery strategy if a company does not already have one in place. E-discovery is the process by which electronically stored information sought, located, secured, preserved, searched, filtered, authenticated, and produced with the intent of using it as evidence Addresses the rules and process of e-discovery and the implications of not having good e-discovery practices in place Explains how to develop an e-discovery strategy if a company does not have one in place e-Discovery For Dummies will help you discover the process and best practices of managing electronic information for lawsuits.
TechnoSecurity's Guide to E-Discovery and Digital Forensics provides IT security professionals with the information (hardware, software, and procedural requirements) needed to create, manage and sustain a digital forensics lab and investigative team that can accurately and effectively analyze forensic data and recover digital evidence, while preserving the integrity of the electronic evidence for discovery and trial. - Internationally known experts in computer forensics share their years of experience at the forefront of digital forensics - Bonus chapters on how to build your own Forensics Lab - 50% discount to the upcoming Techno Forensics conference for everyone who purchases a book
Fundamentals of Criminal Law and Procedure for Paralegals focuses on providing the skills and knowledge students need to function effectively in careers related to criminal law. From investigation and discovery, to trial and sentencing, this text traces every step of the way through five hypothetical criminal cases that illustrate procedure, raise discussion questions, and engage students in skill-building exercises. Realistic and practical, the text engages students with discussions of the criminal justice system, the role of police and lawyers, the basic principles of criminal law, constitutional limitations, and trial procedures. New to the Second Edition: The book now covers Legal Defenses before Discovery and Disclosure, more accurately reflecting real world practice. Expanded coverage on the handling of cases involving driving under the influence, police officers’ use of excessive force, sexual offenses, and diversion programs offered by specialized courts. New Chapter 15 on Related Proceedings, covering Collateral Remedies, Clemency, Removing and Limiting Access to Criminal Records, Recovery of Seized Assets and Challenging Summary Suspensions of Driver’s Licenses. Revisions to make the text even more accessible to students, with learning objectives in every chapter and carefully edited discussions of key concepts. The title of the book has been changed to more accurately reflect the content of the book. Professors and students will benefit from: A logical three-part organization: Criminal Law: The criminal justice system, principles of criminal law, and types of criminal offenses Criminal Procedure: From commission of the offense to plea bargaining Criminal Procedure: Trials and their aftermath An emphasis on the role of paralegals, lawyers, and law enforcement in criminal cases Five hypothetical cases woven throughout the text that illustrate procedure, raise discussion questions, and offer opportunities for research exercises Coverage of both white collar and “street crime,” from both state and federal perspectives Excerpts from statutes, court opinions, investigative reports, and pleadings Strong pedagogy, including discussion questions, application exercises, marginal definitions, and end-of-chapter review questions. Assignments that mirror the tasks a paralegal would perform in a prosecutor or defense counsel’s office
A realistic and practical text for criminal law and procedure Fundamentals of Criminal Law and Procedure for Paralegals focuses on providing the skills and knowledge students need to function effectively in careers related to criminal law. From investigation and discovery to trial and sentencing, this text traces every step of the way through five hypothetical criminal cases that illustrate procedure, raise discussion questions, and engage students in skill-building exercises. Realistic and practical, the text engages students with discussions of the criminal justice system, the role of police and lawyers, the basic principles of criminal law, constitutional limitations, and trial procedures. New to the Third Edition: Thoroughly updated, incorporating new, more current examples of how our criminal justice system works Expanded coverage of Laws dealing with insurrection, rebellion, sedition, and hate crimes Prosecutions of law enforcement personnel for having violated criminal statutes in the course of carrying out their police duties Hate Crimes to include a discussion of how it relates to the death of George Floyd and its use in the prosecution of the Georgia Jogger case The self-defense claims raised by George Zimmerman and Kyle Rittenhouse in their respective prosecutions for murder; the Rittenhouse case raises related issues of vigilantism and gun laws How the court system adopted to the challenges of the COVID-19 pandemic Professors and students will benefit from: A logical three-part organization: Criminal Law: The criminal justice system, principles of criminal law, and types of criminal offenses Criminal Procedure: From commission of the offense to plea bargaining Criminal Procedure: Trials and their aftermath An emphasis on the role of paralegals, lawyers, and law enforcement in criminal cases Five hypothetical cases woven throughout the text that illustrate procedure, raise discussion questions and offer opportunities for research exercises Coverage of both white collar and “street crime,” from both state and federal perspectives Excerpts from statutes, court opinions, investigative reports, and pleadings Strong pedagogy, including discussion questions, application exercises, marginal definitions, and end-of-chapter review questions Assignments that mirror the tasks a paralegal would perform in a prosecutor or defense counsel’s office
Information that is crucial to your case can be stored just about anywhere in Blackberries, on home computers, in cellphones, in voicemail transcription programs, on flash drives, in native files, in metadata... Knowing what you're looking for is essential, but understanding technology and data storage systems can literally make or break your discovery efforts and your case. If you can't write targeted discovery requests, you won't get all the information you need. With Electronic Discovery: Law and Practice, Third Edition, you'll have the first single-source guide to the emerging law of electronic discovery and delivering reliable guidance on such topics as: Duty to Preserve Electronic Evidence Spoliation Document Retention Policies and Electronic Information Cost Shifting in Electronic Discovery Evidentiary Issues Inadvertent Waiver Table of State eDiscovery rules Litigation Hold Notices Application of the Work Product Doctrine to Litigation Support Systems Collection, Culling and Coding of ESI Inspection of Hard Disks in Civil Litigation Privacy Concerns Disclosure under FOIA Fully grasp the complexities of data sources and IT systems as they relate to electronic discovery, including cutting-edge software tools that facilitate discovery and litigation. Achieve a cooperative and efficient approach to conducting cost-effective ESI discovery. Employ sophisticated and effective discovery tools, including concept and contextual searching, statistical sampling, relationship mapping, and artificial intelligence that help automate the discovery process, reduce costs and enhance process and information integrity Written by Adam Cohen of Ernst & Young and David Lender of Weil, Gotshal & Manges LLP, Electronic Discovery: Law and Practice, Third Edition offers detailed analysis and guidance on the legal aspects of electronic discovery never before collected in such a comprehensive guide. You'll save time on research while benefiting from the knowledge and experience of the leading experts. Note: Online subscriptions are for three-month periods. Previous Edition: Electronic Discovery: Law & Practice, Second Edition, ISBN 9781454815600
