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.
This book on BAIL OR JAIL setting forth a flash-light of critical thinking for every Magistrate, Judge and Lawyer who should be fully equipped with knowledge of Bail Proceedings and its relevant Stages since, Ignorance of above circumstances can cause Miscarriage of Justice. It is not the purpose of the Criminal Law to confine a person accused of an alleged offence before his conviction instead off it is intended to combine the administration of justice with the liberty and convenience of the person accused. To free on conditions of Bail rather to confine in Jail is a jurisprudential jurisdiction which has been evolved in view of the fact that Administration of Justice on the spot or immediately just after the commission of the alleged offence in accordance with the rudimentary principles of an advanced Legal System in not feasible. The question, whether the alleged accused should be kept in prison or should be kept free till pending of trial, therefore, through such Application of Bail before the Court calls for assistance of Magistrates and Judges for consideration on merit in view of impending and prevailing circumstances protecting the Fundamental and Constitutional Rights of the individual accused of and uphold belief and peace in the Society where Courts also act as ultimate Guardian of their Fundamental and Constitutional Rights. It is an inability of existing judicial machinery to try accused expeditiously. “Therefore, accused cannot be detained in Judicial Custody for a long time by refusal to grant Bail” Bail is Rule of Law not the Jail. Bail is allowed to prevent the punishment of innocent persons, and to enable an accused person to prepare his defence to the charge against him. “The principle underlying release on Bail is that an accused person is presumed in law to be innocent till his guilt is proved and such presumably innocent person, he is entitled to freedom and every opportunity to look after his case, provided his attendance is secured by proper security.”
Justice Futures: Reinventing American Criminal Justice is the forty-sixth volume in the Crime and Justice series. Contributors include Francis Cullen and Daniel Mears on community corrections; Peter Reuter and Jonathan Caulkins on drug abuse policy; Harold Pollack on drug treatment; David Hemenway on guns and violence; Edward Mulvey on mental health and crime; Edward Rhine, Joan Petersilia, and Kevin Reitz on parole policies; Daniel Nagin and Cynthia Lum on policing; Craig Haney on prisons and incarceration; Ronald Wright on prosecution; and Michael Tonry on sentencing policies.
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
This authoritative set provides a comprehensive overview of issues and trends in crime, law enforcement, courts, and corrections that encompass the field of criminal justice studies in the United States. This work offers a thorough introduction to the field of criminal justice, including types of crime; policing; courts and sentencing; landmark legal decisions; and local, state, and federal corrections systems—and the key topics and issues within each of these important areas. It provides a complete overview and understanding of the many terms, jobs, procedures, and issues surrounding this growing field of study. Another major focus of the work is to examine ethical questions related to policing and courts, trial procedures, law enforcement and corrections agencies and responsibilities, and the complexion of criminal justice in the United States in the 21st century. Finally, this title emphasizes coverage of such politically charged topics as drug trafficking and substance abuse, immigration, environmental protection, government surveillance and civil rights, deadly force, mass incarceration, police militarization, organized crime, gangs, wrongful convictions, racial disparities in sentencing, and privatization of the U.S. prison system.
The fifth edition of The Criminal Process continues in the tradition of previous editions in providing an insightful and stimulating analysis of the key issues in criminal processes and procedures. The authors draw on arguments from the law, research, policy, and principle, to present an authoritative overview of this area of study. This edition includes a new chapter on the interface between criminal and civil (preventive) justice, and the addition of questions for discussion and suggested readings at the end of each chapter to facilitate debate and further research.
Instructors who want a comprehensive yet highly focused set of materials For The iquest;bail to jailiquest; course discovered that this concise casebook achieves specificity without sacrificing quality. With its distinctive focus on multiple kinds of law (constitutional, statutory, executive) and multiple jurisdictions, CRIMINAL PROCEDURES: Prosecution and Adjudication enters its Second Edition as a stronger and absolutely current teaching tool. The authors continue to keep the casebook both effective and realistic: derived from Miller and Wrightiquest;s comprehensive criminal procedure book, this shorter volume focuses exclusively on the iquest;bail to jailiquest; topics extensive use of state high court cases, statutes, rules of procedure, and prosecutorial policies -- in addition to leading U.S. Supreme Court cases -- reveals the full range of the subject by presenting competing rules from the federal and state systems and also occasionally examining procedures from earlier times or from non-U.S. systems, The book offers procedural variety the real-world perspective shows in the focus on procedures and issues of current importance to defendants, lawyers, courts, legislators, And The public careful attention To The political context surrounding different institutions and issues And The impact of public concerns -- such as drug trafficking, domestic abuse, and treatment of crime victims -- on procedural rules helps students gain insight on the evolution of criminal procedures includes an illuminating examination of the impact different procedures have on law enforcers, lawyers, courts, communities, defendants, and victims a detailed Teacheriquest;s Manual and separate supporting web sites for students and instructors are available the Second Edition keeps pace with rapid and significant developments: covers all of the leading U.S. Supreme Court cases in relevant areas, such as sentencing law And The substantive definition of crimes (Apprendi v. New Jersey, Blakely v. Washington, U.S. v. Booker), confrontation (Crawford v. Washington), right to counsel (Alabama v. Shelton), and ex post facto (Stogner v. California) considers the leading recent state court developments, with special attention to state-level variation and leading state supreme court opinions timely consideration of the issues created for American criminal procedure by changes after September 11 in bail and detention, right to counsel, and various trial and sentencing rights treatment of Habeas Corpus
