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Prosecutorial Misconduct: Law, Procedure, Forms, Fourth Edition

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ISBN: 9781422422137
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ISBN: 9781579113186
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We've all encountered prosecutors who are only interested in improving their "conviction scorecard" and regularly tread on the Bill of Rights in the name of their own ambition. The Duke Lacrosse Team case and the recently dismissed prosecution of U.S. Senator Ted Stevens are merely emblematic of the kind of prosecutorial abuses that have long plagued our system of criminal justice. In the wake of scandals such as Enron, KMPG, ImClone and WorldCom, lawmakers continue to give federal and state prosecutors expanded, unbridled power to investigate and prosecute, fueling this ambition and encouraging prosecutorial abuse.

Now, Philadelphia lawyer Joseph F. Lawless, a former Assistant District Attorney, Special Prosecutor and active criminal defense lawyer, gives you the benefit of his 32 years of experience to help protect your clients from prosecutorial misconduct with this authoritative and practical work. Considered the definitive treatise on the subject, this newest edition of Prosecutorial Misconduct provides a comprehensive and scholarly analysis of every prosecutorial abuse, from the initiation of a criminal investigation through the appeal and post-conviction stages for both federal and state jurisdictions. Unlike other works, however, Prosecutorial Misconduct also provides the defense bar with proven battle plans.

Included in this edition is a complete collection of motions, briefs and arguments from actual cases handled by noted defense lawyers such as David Kendall, Gerry Spence, Billy Martin, James Brosnahan, John Cline, Michael Tigar and Joe Lawless, such as:
• the Jayson Williams murder case;
• the Clinton/Lewinsky grand jury probe;
• the Wen Ho Lee espionage prosecution;
• the prosecution of "American Taliban" John Philip Walker Lindh;
• the Oklahoma City Bombing trial, United States v. Terry Lynn Nichols;
• the "Buddhist Temple" fundraising case, United States v. Maria Hsia;
• the Linda Tripp wiretap investigation;
• the Doug Gilmore NHL extortion case.

This newest edition also examines:
• the Hyde Amendment;
• the Principles of Federal Prosecution for Business Organizations;
• the White Collar Crime Penalty Enhancement Act.

Prosecutorial Misconduct sets out innovative, aggressive strategies developed in the crossfire of the courtroom by accomplished, successful defense lawyers, and is a must for every defense lawyer's library.

"Joe Lawless is what great trial lawyers are made of and he's written an important book - you bet I use Prosecutorial Misconduct."

- Gerry Spence
Jackson, Wyoming

"Probably the planet's expert on prosecutorial misconduct."

- Ron Kuby
New York, New York

Authors / Contributors

Table of Contents

Chapter 1 The prosecution function
Chapter 2 Grand jury abuses and how to combat them
Chapter 3 Prosecutorial abuse of the decision to charge
Chapter 4 The press and the prosecutor
Chapter 5 Abuses of the discovery process
Chapter 6 Plea negotiations, plea agreements, and pretrial strategy
Chapter 7 Unnecessary delay
Chapter 8 Prosecutorial abuses in jury selection
Chapter 9 Prosecutorial abuses in opening and closing argument
Chapter 10 Pretrial maneuvering: Misconduct in the evidentiary proceedings
Chapter 11 Mistrials, double jeopardy, and problems at retrial
Chapter 12 Prosecutorial misconduct at sentencing
Chapter 13 Actions and sanctions for prosecutorial misconduct
Chapter 14 Stings, scams, future trends, and collateral attacks
Appendix A ABA STANDARDS FOR CRIMINAL JUSTICE
Appendix B PRINCIPLES OF FEDERAL PROSECUTION OF BUSINESS ORGANIZATIONS MEMORANDUM
Appendix C DEPARTMENT OF JUSTICE GUIDELINES ON USE OF CONFIDENTIAL INFORMANTS
Appendix D CRIMINAL LAW AND RELATED WEB SITES
Appendix E DISBARMENT ORDER--THE NORTH CAROLINA STATE BAR v. MICHAEL B. NIFONG
Table of Cases
Index