When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.

"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

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 delves into a multitude of practices that, although deemed “lawful” by courts, are undeniably “awful” and unethical. From police officers employing deceit to extract confessions or consent to search, to prosecutors manipulating innocent individuals to relinquish their rights and plead guilty, to excessive force by law enforcement, these practices erode public trust in the criminal legal system and deny justice to those affected. With a critical examination of these deeply flawed tactics, this volume goes beneath the surface to explore their profound impact on the ethical standards and emotional health of justice system practitioners. It forcefully argues for a reclaiming of The Social Contract and for peace officers and prosecutors to unequivocally reject these unethical methods and recognize the urgent need for a criminal justice system that truly embodies ethics and fairness. This work equips police officers, prosecutors, judges, and legislators with invaluable research, enabling them to actively advocate for a transformed system that ethically serves justice for all in the post-George Floyd era.

Indonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.