The Right To Counsel

Author : Lorena Bachmaier Winter,Stephen C. Thaman,Veronica Lynn
Publisher : Springer Nature
Page : 440 pages
File Size : 46,8 Mb
Release : 2020-06-10
Category : Law
ISBN : 9783030431235

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The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings by Lorena Bachmaier Winter,Stephen C. Thaman,Veronica Lynn Pdf

The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

Author : Marie Alison Finkelstein
Publisher : Lexis Law Publishing (Va)
Page : 112 pages
File Size : 51,5 Mb
Release : 1988
Category : Law
ISBN : STANFORD:36105044066863

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The Right to Counsel by Marie Alison Finkelstein Pdf

Author : William Merritt Beaney
Publisher : Praeger
Page : 288 pages
File Size : 45,9 Mb
Release : 1972-12-26
Category : Law
ISBN : UVA:X000221016

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The Right to Counsel in American Courts by William Merritt Beaney Pdf

Author : James William Potts
Publisher : Sphinx Publishing
Page : 0 pages
File Size : 53,6 Mb
Release : 2008
Category : Capital punishment
ISBN : 1572486694

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Right to Counsel by James William Potts Pdf

"Potts has captured the personal conflicts and shared commitment to the rule of law in a precedent-setting trial of a stone cold serial killer, revealing many insightful details I never knew existed. And it was my case!" - Pat Dingle, Homicide Detective, Ret. North Las Vegas Police Department In the late 1970s, a crime wave swept California. Several young girls were kidnapped, brutally raped, and murdered. Michael Dee Mattson, a drug addict with severe emotional problems, was convicted of these crimes and sentenced to be executed in California's gas chamber. James Potts, an aspiring young attorney still coming to terms with the rape of his own younger sister, is asked to find a way to get Mattson's conviction overturned. After making a discovery that could potentially set Mattson free to rape and kill again, Potts struggles with his own moral dilemma: Use this information to free Mattson or let him languish on death row.

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 50,7 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

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.

Author : David J. Bodenhamer
Publisher : Oxford University Press, USA
Page : 258 pages
File Size : 50,7 Mb
Release : 2007
Category : Language Arts & Disciplines
ISBN : 9780195325676

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Our Rights by David J. Bodenhamer Pdf

"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box

Author : Jim Potts
Publisher : Unknown
Page : 0 pages
File Size : 45,9 Mb
Release : 2021-07-20
Category : Law
ISBN : 1645480356

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Defending a Serial Killer by Jim Potts Pdf

The Fifth and Sixth Amendments to the Constitution of the United States guarantee the right against self-incrimination, the right to remain silent, and the right to counsel. A crime wave swept California in the late 1970s. Several young girls were abducted, raped, and murdered. Michael Dee Mattson was convicted of these crimes and sentenced to death. Law clerk by day, family man by night. In 1982, Jim Potts--a brilliant, idealistic, African American law student--is honored when one of his professors recruits him to assist in writing a death penalty appeal on behalf of a serial killer. Potts discovers a loophole in the case that had somehow been overlooked. One that could not only get Mattson off death row, but once presented to the Supreme Court of California, could release him to rape and murder again. When Potts confides in his pregnant wife, she says if Mattson goes free, their marriage is over. But if Potts quits the case, or withholds information, he violates his duty to client and Constitution and risks his career before it even begins. A moral dilemma with no good way out. To avoid losing his family and releasing pure evil back into the world, Potts must be smarter than his options. He must find a way to keep his family together, fulfill his duties, and keep Mattson behind bars. But can he?

Author : Ronald J. Allen,Joseph L. Hoffmann,Debra A. Livingston,Andrew D. Leipold,Tracey L. Meares
Publisher : Aspen Publishing
Page : 1575 pages
File Size : 50,9 Mb
Release : 2020-02-14
Category : Law
ISBN : 9781543819618

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Criminal Procedure by Ronald J. Allen,Joseph L. Hoffmann,Debra A. Livingston,Andrew D. Leipold,Tracey L. Meares Pdf

Criminal Procedure: Investigation and Right to Counsel, Fourth Edition is derived from the successful casebook Comprehensive Criminal Procedure. Like the parent book, it covers the Fourth, Fifth, and Sixth Amendments and related areas using a thematic approach and offers an appropriate balance of explanatory text and secondary material accompanied by well-written notes. In addition to an experienced author team and well-edited cases, the book covers relevant statutes and court rules. New to the Fourth Edition: Updates regarding cutting-edge developments in case law, statutory materials, and academic commentary about due process, the right to counsel, searches and seizures, and the privilege against compelled self-incrimination An important reordering of certain areas of Fourth Amendment law and related materials to make them even more user-friendly Insightful examination of the turmoil in modern Fourth Amendment law as the Supreme Court, notably splintered over methods of constitutional interpretation, faces the implications of rapidly changing technology Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with an outstanding author team Sound grounding of the law in criminal process and the right to counsel Thorough coverage of Boyd v. U.S., The Fourth Amendment, The Fifth Amendment, and the process of investigating complex crimes Thematic organization of the cases and text that make the book both manageable and accessible The latest and most highly respected developments in legal scholarship that help both professors and students alike stay up-to-date in the field of criminal procedure law

Author : James J. Tomkovicz
Publisher : Bloomsbury Publishing USA
Page : 287 pages
File Size : 49,6 Mb
Release : 2002-09-30
Category : Law
ISBN : 9780313011191

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The Right to the Assistance of Counsel by James J. Tomkovicz Pdf

Inaugurating Greenw4ood's Reference Guides to the United States Constitution series, this superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's Gideon ruling. The vast majority of important, even landmark cases regarding the right to counsel were decided after that pivotal ruling, making this the definitive work on the topic. Tomkovicz offers a concise yet substantial account of the historical development of the right to counsel in England and America. Included are: •A brief history of the topic •Lengthy and sophisticated analysis of the current state of the law •A bibliographical essay organizing and evaluating scholarly material for further research •A table of cases •Index A thorough analysis of the relevant U.S. Supreme Court's doctrine gives concrete content to the right to assistance of defense counsel. Scholars and students of the U.S. Constitution, along with attorneys and lay readers, will gain a rich understanding of the meaning and importance of the Sixth Amendment, and a comprehensive overview of a cornerstone of America's constitutional and legal order.

Author : Sara Mayeux
Publisher : UNC Press Books
Page : 287 pages
File Size : 45,6 Mb
Release : 2020-04-28
Category : Law
ISBN : 9781469656038

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Free Justice by Sara Mayeux Pdf

Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.

Author : Yale Kamisar
Publisher : Unknown
Page : 352 pages
File Size : 50,9 Mb
Release : 1980
Category : Law
ISBN : UOM:39015001571184

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Police Interrogation and Confessions by Yale Kamisar Pdf

Author : Boston University. Center for Criminal Justice,Sheldon Krantz
Publisher : Unknown
Page : 40 pages
File Size : 43,6 Mb
Release : 1976
Category : Criminal courts
ISBN : UCR:31210024703926

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The Right to Counsel in Criminal Cases by Boston University. Center for Criminal Justice,Sheldon Krantz Pdf

Author : Ronald J. Allen,Joseph L. Hoffmann,Debra A. Livingston,Andrew D. Leipold,Tracey L. Meares
Publisher : Aspen Publishing
Page : 1794 pages
File Size : 50,6 Mb
Release : 2020-02-13
Category : Law
ISBN : 9781543817546

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Criminal Procedure by Ronald J. Allen,Joseph L. Hoffmann,Debra A. Livingston,Andrew D. Leipold,Tracey L. Meares Pdf

Criminal Procedure: Adjudication and Right to Counsel, Third Edition is designed for the criminal procedure course focused on the pretrial, trial, and post-trial processes. It covers prosecutorial decision making, pretrial release, grand juries, speedy trial rights, venue, joinder and severance, discovery, guilty pleas and plea bargains, trials, sentencing, appeals, and postconviction challenges. The book is designed to be used with the annual supplement that contains the statutes and rules covered in the course. This split is derived from the successful casebook Comprehensive Criminal Procedure by the same experienced author team. New to the Third Edition: The latest in case law, statutory material, and academic commentary about due process, the right to counsel, pretrial practice, guilty pleas, trial rights, sentencing, double jeopardy, and post-trial procedures An increased emphasis on the role of prosecutorial decision-making An updated treatment of the critical role of plea bargaining A new section on forfeitures and the Eighth Amendment Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with an outstanding author team Sound grounding of the law in criminal process and the right to counsel Thematic organization of the cases and text that make the book both manageable and accessible The latest and most highly respected developments in legal scholarship that help both professors and students alike stay up-to-date in the field of criminal procedure law

Author : Rabeea Assy
Publisher : Oxford University Press, USA
Page : 273 pages
File Size : 47,5 Mb
Release : 2015
Category : Law
ISBN : 9780199687442

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Injustice in Person by Rabeea Assy Pdf

In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.

Author : Caroline Wolf Harlow
Publisher : Unknown
Page : 12 pages
File Size : 51,5 Mb
Release : 2001
Category : Criminal law
ISBN : IND:30000078911637

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Defense Counsel in Criminal Cases by Caroline Wolf Harlow Pdf