When someone is facing a federal prosecution, they need to know what the intricacies are in negotiating with federal prosecutors. This text gives you thoughts on charge bargaining, sentencing agreements, stipulations and even cooperation agreements, if that is the avenue you are choosing. Even seasoned attorneys have commented that they have learned a lot from this book. Judges have commented that the book is well written and prosecutors have viewed the author as an authority and well-versed. This text can save you years of your life, if not your soul.
Cuando alguien enfrenta un enjuiciamiento federal, necesita saber cuáles son las complejidades de negociar con los fiscales federales. Este texto le da ideas sobre la negociación de cargos, acuerdos de sentencia, estipulaciones e incluso acuerdos de cooperación, si esa es la vía que está eligiendo. Incluso abogados experimentados han comentado que han aprendido mucho de este libro. Los jueces han comentado que el libro está bien escrito y los fiscales han visto al autor como una autoridad y muy versado. Este texto puede salvarte años de tu vida, si no tu alma.
Though originally an interloper in a system of justice mediated by courtroom battles, plea bargaining now dominates American criminal justice. This book traces the evolution of plea bargaining from its beginnings in the early nineteenth century to its present pervasive role. Through the first three quarters of the nineteenth century, judges showed far less enthusiasm for plea bargaining than did prosecutors. After all, plea bargaining did not assure judges “victory”; judges did not suffer under the workload that prosecutors faced; and judges had principled objections to dickering for justice and to sharing sentencing authority with prosecutors. The revolution in tort law, however, brought on a flood of complex civil cases, which persuaded judges of the wisdom of efficient settlement of criminal cases. Having secured the patronage of both prosecutors and judges, plea bargaining quickly grew to be the dominant institution of American criminal procedure. Indeed, it is difficult to name a single innovation in criminal procedure during the last 150 years that has been incompatible with plea bargaining’s progress and survived.
2014 Christy Award winner! Darek Christiansen is almost a dream bachelor—oldest son in the large Christiansen clan, heir to their historic Evergreen Lake Resort, and doting father. But he’s also wounded and angry since the tragic death of his wife, Felicity. No woman in Deep Haven dares come near. New assistant county attorney Ivy Madison simply doesn’t know any better when she bids on Darek at the charity auction. Nor does she know that when she crafted a plea bargain three years ago to keep Jensen Atwood out of jail and in Deep Haven fulfilling community service, she was releasing the man responsible for Felicity’s death. All Ivy knows is that the Christiansens feel like the family she’s always longed for. And once she gets past Darek’s tough exterior, she finds a man she could spend the rest of her life with. Which scares her almost as much as Darek learning of her involvement in his wife’s case. Caught between new love and old grudges, Darek must decide if he can set aside the past for a future with Ivy—a future more and more at risk as an approaching wildfire threatens to wipe out the Christiansen resort and Deep Haven itself.
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.
Celebrating the scholarship of Andrew Ashworth, Vinerian Professor of English Law at the University of Oxford, this collection brings together leading international scholars to explore questions of principle and value in criminal law and criminal justice. Internationally renowned for elaborating a body of principles and values that should underpin criminalization, the criminal process, and sentencing, Ashworth's contribution to the field over forty years of scholarship has been immense. Advancing his project of exploring normative issues at the heart of criminal law and criminal justice, the contributors examine the important and fascinating debates in which Ashworth's influence has been greatest. The essays fall into three distinct but related areas, reflecting Ashworth's primary spheres of influence. Those in Part 1 address the import and role of principles in the development of a just criminal law, with contributions focusing upon core tenets such as the presumption of innocence, fairness, accountability, the principles of criminal liability, and the grounds for defences. Part 2 addresses questions of human rights and due process protections in both domestic and international law. In Part 3 the essays are addressed to core issues in sentencing and punishment: they explore questions of equality, proportionality, adherence to the rule of law, the totality principle (in respect of multiple offences), wrongful acquittals, and unduly lenient sentences. Together they demonstrate how important Ashworth's work has been in shaping how we think about criminal law and criminal justice, and make their own invaluable contribution to contemporary discussions of criminalization and punishment.
Unbroken Soul delves into the life of James Palmer with gripping details recounting the challenges he faced growing up in one the toughest neighborhoods in Virginia Beach, VA. The memoir vividly portrays his early rejection of God and religion by age 9, a decision that would shape his unconventional journey through life. Palmer's childhood was marred by the horror of abuse, leaving deep scars that would shape his future. As a troubled youth, he found himself caught in a cycle of juvenile facilities, a harsh environment rife with violence, drugs, and death as an adult, that led him to federal prison for life without parole. Within the confines of his prison cell with only an 8-grade education, he taught himself federal law that contributed to his freedom after an agonizing 27 years. Unbroken Soul is a tale of resilience, self-discovery, and redemption.
Winner of the 2018 Excellence in Financial Journalism Award From Pulitzer Prize–winning journalist Jesse Eisinger, “a fast moving, fly-on-the-wall, disheartening look at the deterioration of the Justice Department and the Securities and Exchange Commission…It is a book of superheroes” (San Francisco Review of Books). Why were no bankers put in prison after the financial crisis of 2008? Why do CEOs seem to commit wrongdoing with impunity? The problem goes beyond banks deemed “Too Big to Fail” to almost every large corporation in America—to pharmaceutical companies and auto manufacturers and beyond. The Chickenshit Club—an inside reference to prosecutors too scared of failure and too daunted by legal impediments to do their jobs—explains why in “an absorbing financial history, a monumental work of journalism…a first-rate study of the federal bureaucracy” (Bloomberg Businessweek). Jesse Eisinger begins the story in the 1970s, when the government pioneered the notion that top corporate executives, not just seedy crooks, could commit heinous crimes and go to prison. He brings us to trading desks on Wall Street, to corporate boardrooms and the offices of prosecutors and FBI agents. These revealing looks provide context for the evolution of the Justice Department’s approach to pursuing corporate criminals through the early 2000s and into the Justice Department of today, including the prosecutorial fiascos, corporate lobbying, trial losses, and culture shifts that have stripped the government of the will and ability to prosecute top corporate executives. “Brave and elegant…a fearless reporter…Eisinger’s important and profound book takes no prisoners” (The Washington Post). Exposing one of the most important scandals of our time, The Chickenshit Club provides a clear, detailed explanation as to how our Justice Department has come to avoid, bungle, and mismanage the fight to bring these alleged criminals to justice. “This book is a wakeup call…a chilling read, and a needed one” (NPR.org).
Acts of terror on a global scale are straining to the breaking point the due process guarantees of the legal systems of modern democracies. In unequalled breadth and depth, this book analyzes the rights of persons suspected of a crime, in normal times and emergencies, from the pre-trial phase to the trial and the post-trial period under all the universal and regional human rights treaty regimes, pertinent customary international law, general principles of law, international humanitarian law as well as the hybrid procedures developed by international criminal tribunals. The book then presents a detailed analysis of United States due process guarantees, in peacetime and in war, and the executive, legislative and judicial responses to the attacks of September 11, 2001. Professor Pati appraises the American actions in terms of international law s due process guarantees and proposes courses of action which can better defend a public order of human dignity.
"A ... true story and ... account of bias in the courtroom from CNN senior legal analyst Laura Coates, recounting her time as a Black female prosecutor for the US Department of Justice"--
