The Defendant's Rights Today

The Defendant's Rights Today
Title The Defendant's Rights Today PDF eBook
Author David Fellman
Publisher Univ of Wisconsin Press
Pages 468
Release 1978-04-15
Genre Law
ISBN 9780299072049

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With this comprehensive study, written in lay language, David Fellman provides an up-to-date analysis of the rights of the accused, certain to be welcomed by political scientists, students of public law, and all with an interest in due process of law. Since Fellman's 1958 book, The Defendant's Rights, substantial changes in the criminal justice system have occured. The past few decades before the publication of The Defendant's Rights Today have been witness to a striking expansion of the central concept of due process of law as it relates to criminal justice. The subject of defendants' rights is broad and complex. Fellman here explores its underlying concepts, bringing together a comprehensive discussion of the effects of the criminal justice system on the accused from arrest, through trial, to post-conviction remedies.

United States Attorneys' Manual

United States Attorneys' Manual
Title United States Attorneys' Manual PDF eBook
Author United States. Department of Justice
Publisher
Pages
Release 1988
Genre Justice, Administration of
ISBN

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The Bill of Rights

The Bill of Rights
Title The Bill of Rights PDF eBook
Author Linda R. Monk
Publisher Hachette Books
Pages 491
Release 2018-04-10
Genre Political Science
ISBN 0316417750

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With a foreword by Justice Ruth Bader Ginsburg of the U.S. Supreme Court. An Engaging, Accessible Guide to the Bill of Rights for Everyday Citizens. In The Bill of Rights: A User's Guide, award-winning author and constitutional scholar Linda R. Monk explores the remarkable history of the Bill of Rights amendment by amendment, the Supreme Court's interpretation of each right, and the power of citizens to enforce those rights. Stories of the ordinary people who made the Bill of Rights come alive are featured throughout. These include Fannie Lou Hamer, a Mississippi sharecropper who became a national civil rights leader; Clarence Earl Gideon, a prisoner whose handwritten petition to the Supreme Court expanded the right to counsel; Mary Beth Tinker, a 13-year-old whose protest of the Vietnam War established free speech rights for students; Michael Hardwick, a bartender who fought for privacy after police entered his bedroom unlawfully; Suzette Kelo, a nurse who opposed the city's takeover of her working-class neighborhood; and Simon Tam, a millennial whose 10-year trademark battle for his band "The Slants" ended in a unanimous Supreme Court victory. Such people prove that, in the words of Judge Learned Hand, "Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court, can save it." Exploring the history, scope, and meaning of the first ten amendments-as well as the Fourteenth Amendment, which nationalized them and extended new rights of equality to all-The Bill of Rights: A User's Guide is a powerful examination of the values that define American life and the tools that every citizen needs.

The Defendant's Rights

The Defendant's Rights
Title The Defendant's Rights PDF eBook
Author David Fellman
Publisher New York, Rinehart
Pages 420
Release 1958
Genre Aliens
ISBN

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Beyond Virtue and Vice

Beyond Virtue and Vice
Title Beyond Virtue and Vice PDF eBook
Author Alice M. Miller
Publisher University of Pennsylvania Press
Pages 360
Release 2019-02-22
Genre Political Science
ISBN 0812251083

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Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Title Model Rules of Professional Conduct PDF eBook
Author American Bar Association. House of Delegates
Publisher American Bar Association
Pages 216
Release 2007
Genre Law
ISBN 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.

Privilege and Punishment

Privilege and Punishment
Title Privilege and Punishment PDF eBook
Author Matthew Clair
Publisher Princeton University Press
Pages 320
Release 2022-06-21
Genre Social Science
ISBN 069123387X

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How the attorney-client relationship favors the privileged in criminal court—and denies justice to the poor and to working-class people of color The number of Americans arrested, brought to court, and incarcerated has skyrocketed in recent decades. Criminal defendants come from all races and economic walks of life, but they experience punishment in vastly different ways. Privilege and Punishment examines how racial and class inequalities are embedded in the attorney-client relationship, providing a devastating portrait of inequality and injustice within and beyond the criminal courts. Matthew Clair conducted extensive fieldwork in the Boston court system, attending criminal hearings and interviewing defendants, lawyers, judges, police officers, and probation officers. In this eye-opening book, he uncovers how privilege and inequality play out in criminal court interactions. When disadvantaged defendants try to learn their legal rights and advocate for themselves, lawyers and judges often silence, coerce, and punish them. Privileged defendants, who are more likely to trust their defense attorneys, delegate authority to their lawyers, defer to judges, and are rewarded for their compliance. Clair shows how attempts to exercise legal rights often backfire on the poor and on working-class people of color, and how effective legal representation alone is no guarantee of justice. Superbly written and powerfully argued, Privilege and Punishment draws needed attention to the injustices that are perpetuated by the attorney-client relationship in today’s criminal courts, and describes the reforms needed to correct them.