Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.


Learning Criminal Procedure

Learning Criminal Procedure

Author: Ric Simmons

Publisher: West Academic Publishing

Published: 2019-08-21

Total Pages: 800

ISBN-13: 9781642424225

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Learning Criminal Procedure: Investigations teaches students the law that governs the investigation of criminal cases. The book presents the legal rules directly in plain language. Each topic includes a clear, straightforward description of the binding legal rules, illustrations of how the rules are applied using examples and summaries of cases, and longer excerpts of the leading Supreme Court cases. The book highlights evolving or ambiguous areas of the law, and provides scores of review questions so that students can test their mastery of each issue. The book's authors build on their combined decades of practical experience to explain the law in plain language and explore the policy justifications behind the rules.


Merritt and Simmons's Learning Evidence: from the Federal Rules to the Courtroom, 5th

Merritt and Simmons's Learning Evidence: from the Federal Rules to the Courtroom, 5th

Author: Deborah Jones Merritt (‡e author)

Publisher: West Academic Publishing

Published: 2021-12-14

Total Pages: 1096

ISBN-13: 9781684675784

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CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, online videos, interactive trial simulations, leading study aids, an outline starter, and Gilbert Law Dictionary.


Criminal Procedures

Criminal Procedures

Author: Marc L. Miller

Publisher: Aspen Publishing

Published: 2019-03-07

Total Pages: 1994

ISBN-13: 1543807127

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Criminal Procedures: Cases, Statutes, and Executive Materials, Sixth Edition is noted for its comprehensive coverage and excellent selection and editing of cases and materials. The book is known for its special focus on a rich selection of materials from multiple institutions, including primary materials from U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and police and prosecutorial policies, along with materials from social science studies. The new Sixth Edition retains the casebook’s engaging writing style and division of materials into “teachable chunks.” Updated cases are chosen for their contemporary accuracy and feel to complement essential cases of historical value. Taken together, the principal materials highlight procedural variety, focus on real process topics, provide the political context, and consider the impact of procedures on the various parties involved. The scholarly expertise and experience of the authors is especially reflected in the Criminal Procedure II materials, which includes coverage of prosecutorial charging, plea bargaining, and sentencing. Their frequent use of Problems gives instructors options for applying concepts and doctrines in realistic practice settings. New to the Sixth Edition: Two new authors join the editorial team: Jenia Iontcheva Turner of SMU Dedman School of Law and Kay L. Levine of Emory University School of Law. With her doctoral training in Socio-Legal Studies and her balanced experience as a prosecutor and a defense attorney in state court, Professor Levine sharpens the focus of the book on the real-world operation of courtroom actors in high-volume state systems. With her background in international criminal tribunals and comparative criminal procedure, Professor Turner strengthens the comparisons between court systems in the U.S. and those around the world. As experienced and celebrated classroom teachers, both Professors Turner and Levine bring closer attention to student learning needs in every chapter of the book. More examples and discussion demonstrate the effects of new technologies on criminal procedure. A revamped Chapter 1 offers a deeper exploration of competing models of policing and useful background about policing organizations. Reorganized Chapters 2 and 7 introduce students to the shifting analytical frameworks that the U.S. Supreme Court now employs to evaluate searches in the context of technological devices that store and collect large amounts of data. Chapter 6 relies on current newsworthy debates about police use of force to explore the alternatives and supplements to the exclusionary rule remedy. A revamped Chapter 12 surveys the major changes in the use of money bail and risk assessment algorithms, previewing the prospects for further system reforms. Chapter 13 covers newsworthy recent changes in the charging policies and diversion practices of prosecutors’ offices, especially those in urban areas such as Philadelphia. Chapter 17 expands its coverage of the tensions between fair trials and public trials, including new materials on public access to court files and statistics. A refocused Chapter 19 provides a more detailed and vivid portrait of sentencing hearings and the use of risk assessment instruments. Professors and students will benefit from: Materials that support class discussion, including criminal court actors beyond the Justices of the U.S. Supreme Court: the vision is “street level federalism” Materials that portray for students the range of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends A supporting website that offers exemplar documents from legal practice, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit Emphasis on high-volume practical issues in criminal procedure instead of intricate but rarely-encountered questions Intuitive organization—tracking the typical sequence of events in criminal investigations and in the criminal courts—that makes it easy to see connections among different areas of the law


Les Discussions Et Ententes Sur Le Plaidoyer

Les Discussions Et Ententes Sur Le Plaidoyer

Author: Law Reform Commission of Canada

Publisher: Ottawa, Canada : Law Reform Commission of Canada

Published: 1989

Total Pages: 240

ISBN-13:

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This document presents the Commission's view on the need for reform together with their recommendations and commentary.


Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight

Federal Grand Jury Secrecy: Legal Principles and Implications for Congressional Oversight

Author: Congressional Research Service

Publisher: Independently Published

Published: 2019-01-21

Total Pages: 54

ISBN-13: 9781794510456

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Traditionally, the grand jury has conducted its work in secret. Secrecy prevents those under scrutiny from fleeing or importuning the grand jurors, encourages full disclosure by witnesses, and protects the innocent from unwarranted prosecution, among other things. The long-established rule of grand jury secrecy is enshrined in Federal Rule of Criminal Procedure 6(e), which provides that government attorneys and the jurors themselves, among others, ﷿must not disclose a matter occurring before the grand jury.﷿Accordingly, as a general matter, persons and entities external to the grand jury process are precluded from obtaining transcripts of grand jury testimony or other documents or information that would reveal what took place in the proceedings, even if the grand jury has concluded its work and even if the information is sought pursuant to otherwise-valid legal processes. At times, the rule of grand jury secrecy has come into tension with Congress' power of inquiry when an arm of the legislative branch has sought protected materials pursuant to its oversight function. For instance, some courts have determined that the information barrier established in Rule 6(e) extends to congressional inquiries, observing that the Rule contains no reservations for congressional access to grand jury materials that would otherwise remain secret. Nevertheless, the rule of grand jury secrecy is subject to a number of exceptions, both codified and judicially crafted, that permit grand jury information to be disclosed in certain circumstances (usually only with prior judicial authorization). Perhaps the most significant of these for congressional purposes are (1) the exception that allows a court to authorize disclosure of grand jury matters ﷿preliminarily to or in connection with a judicial proceeding,﷿ and (2) the exception, recognized by a few courts, that allows a court to authorize disclosure of grand jury matters in special or exceptional circumstances. In turn, some courts have determined that one or both of these exceptions applies to congressional requests for grand jury materials in the context of impeachment proceedings, though there is authority to the contrary. Additionally, because Rule 6(e) covers only ﷿matters occurring before the grand jury, courts have recognized that documents and information are not independently insulated from disclosure merely because they happen to have been presented to, or considered by, a grand jury. As such, even if Rule 6(e) generally limits congressional access to grand jury information, Congress has a number of tools at its disposal to seek materials connected to a grand jury investigation. Prior Congresses have considered legislation that would have expressly permitted a court to authorize disclosure of grand jury matters to congressional committees on a showing of substantial need. However, in response to such proposals, the executive branch has voiced concerns that the legislation would raise due-process and separation-of-powers issues and potentially undermine the proper functioning of federal grand juries. These concerns may have resulted in Congress declining to alter Rule 6(e). As a result, to the extent Rule 6(e) constrains Congress' ability to conduct oversight, legislation seeking to amend the rules governing grand jury secrecy in a way that would give Congress independent access to grand jury materials may raise additional legal and pragmatic issues for the legislative branch to consider.