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This comprehensive and popular handbook uses up-to-date analysis of the law and provides practical application of Third Circuit criminal decisions covering Delaware, New Jersey, Pennsylvania and the Virgin Islands. Covering hundreds of criminal issues, Third Circuit Criminal Handbook gives litigators, judges, law clerks, and federal enforcement personnel clear, practical analysis geared to the needs of a busy criminal law practice. Inside you’ll find the critical analysis you need, written by subject matter experts and tailored to the needs of the Third Circuit practitioner. Intuitive and coherent organization of materials makes your research easier and take you through the entire judicial process:

•  Search and Seizure
•  Confessions and Other Statements
•  Miscellaneous Pre-Trial Issues
•  Trial
•  Sentencing
•  Appeal/Post-Conviction

Don’t handle your next Federal Criminal case in the Third Circuit without the Third Circuit Criminal Handbook, only from LexisNexis.

Authors / Contributors

Table of Contents

Chapter 1 Initiation of Criminal Trial Process


§1.01 Generally

§1.02 Arrest on complaint and warrant

§1.03 Warrantless arrests

§1.04 Hot pursuit

§1.05 Mistaken arrest

§1.06 Arrest by abduction

§1.07 Arrest of foreign nationals

§1.08 Use of excessive force incident to arrest

§1.09 Expungement of a criminal record

§1.10 Contact with a represented person

§1.11 Prosecutor's contact with a represented person

§1.12 Conflicts of interest

§1.13 Disqualification of the court

§1.14 Disqualification of defense counsel

§1.15 Disqualification of the prosecutor

§1.16 Right to counsel, generally

§1.17 Attachment of the Sixth Amendment right to counsel

§1.18 Critical stages of a criminal proceeding

§1.19 Appointed counsel

§1.20 Uncounseled prior convictions – sentencing

§1.21 Waiver of counsel

§1.22 Consultation with counsel

§1.23 Decisionmaking by counsel



Chapter 2 Arraignment, Bail and Related Proceedings


§2.01 Arraignment

§2.02 Preliminary examination

§2.03 Transfer for plea and sentence

§2.04 Release and detention, generally

§2.05 Release prior to trial

§2.06 Pretrial detention

§2.07 Release pending sentence

§2.08 Release pending appeal

§2.09 Sanctions under the BRA

§2.10 Sentencing credit for pre-trial detention

§2.11 Material witness detention



Chapter 3 Search & Seizure


§3.01 Introduction

§3.02 Wire, oral and electronic interception of communications

§3.03 Overview of the Fourth Amendment

§3.04 The particularity requirement

§3.05 The good faith exception to the exclusionary rule

§3.06 Exceptions to the Fourth Amendment warrant requirement



Chapter 4 Confessions and Other Statements


§4.01 Constitutional considerations: The Fifth and Sixth Amendments

§4.02 Miranda warnings

§4.03 Assertion and waiver of Fifth Amendment right to counsel

§4.04 Sixth Amendment right to counsel during interrogation

§4.05 Sixth Amendment confrontation issues, Bruton rule

§4.06 Voluntariness of statements

§4.07 Discovery and disclosure

§4.08 Wiretaps

§4.09 Voice identification

§4.10 Evidentiary rules governing statements, hearsay and exceptions



Chapter 5 Pretrial Litigation


§5.01 Detainers

§5.02 Pretrial motions, generally

§5.03 Competency determinations

§5.04 Motions to dismiss



Chapter 6 Trial



§6.01 Defendant's presence/absence at trial

§6.02 Shackling of defendant and wearing prison garb

§6.03 Magistrate Judge authority

§6.04 Waiver of jury trial

§6.05 Guilty pleas

§6.06 Jury venire

§6.07 Voir dire

§6.08 Closure of the courtroom

§6.09 Opening Statements

§6.10 Jencks Act, 18 U.S.C. § 3500

§6.11 Cross examination

§6.12 Judicial questioning of witnesses

§6.13 Expert testimony

§6.14 Polygraph evidence

§6.15 Authentication of evidence

§6.16 Tapes/transcripts

§6.17 Fed. R. Evid. 403

§6.18 Fed. R. Evid. 404(b)

§6.19 Rebuttal evidence

§6.20 Confrontation Clause (Crawford) issues

§6.21 Defendant's right to consult with counsel

§6.22 Judgment of acquittal

§6.23 Jury instructions

§6.24 Summations

§6.25 Jury deliberation issues

§6.26 Mistrials



Chapter 7 Sentencing



PART A. OVERVIEW OF THE SENTENCING PROCESS



§7.01 Federal sentencing before United States v. Booker

§7.02 Federal sentencing after United States v. Booker

§7.03 The three-step process

§7.04 Calculating the sentencing range

§7.05 Considering the § 3553(a) factors

§7.06 Selecting a “sufficient” sentence – the parsimony principle

§7.07 The reasonableness standard of review

§7.08 Mandatory minimum sentences and recidivist enhancements

§7.09 Consecutive sentences



PART B. FEDERAL SENTENCING GUIDELINES – GENERAL APPLICATION PRINCIPLES



§7.10 Federal sentencing guidelines - general application principles

§7.11 Application instructions

§7.12 Applicable guidelines

§7.13 Relevant conduct

§7.14 Information to be used in imposing sentence

§7.15 Interpretation of references to other offense guidelines

§7.16 Significance of commentary

§7.17 Use of certain information under §1B1.8

§7.18 Class B or C misdemeanors and infractions

§7.19 Reduction of term of imprisonment as a result of amended guideline range (policy statement)

§7.20 Use of guidelines in effect on date of sentencing (policy statement)

§7.21 Persons sentenced under federal juvenile delinquency act (policy statement)

§7.22 Reduction in term of imprisonment as a result of motion by Director of Bureau of Prisons (policy statement)




PART C. FEDERAL SENTENCING GUIDELINES – COMMON OFFENSE
      CATEGORIES



§7.23 Fraud offenses

§7.24 Public corruption offenses

§7.25 Drug trafficking offenses

§7.26 Firearms offenses



PART D. OFFENDER-RELATED ADJUSTMENTS



§7.27 Overview of Offender Related Adjustments

§7.28 Vulnerable victim

§7.29 Role in the offense

§7.30 Abuse of position of trust/special skill

§7.31 Use of minor to commit crime

§7.32 Obstruction of justice

§7.33 Acceptance of responsibility



PART E. CRIMINAL HISTORY



§7.34 Scope

§7.35 Exclusions and limitations

§7.36 Single or multiple convictions

§7.37 Criminal history departures and variances



PART F. CAREER OFFENDERS AND ARMED CAREER CRIMINALS



§7.38 Career offenders

§7.39 Armed career criminals



PART G. DEPARTURES AND VARIANCES



§7.40 Scope

§7.41 Upward departures and variances

§7.42 Downward departures and variances

§7.43 Specific grounds for downward departures

§7.44 Extent of departure or variance

§6.45 Sentencing below a mandatory minimum



PART H. IMPOSITION OF A SENTENCE



§7.46 Probation

§7.47 Imprisonment

§7.48 Supervised release

§7.49 Special assessments

§7.50 Restitution

§7.51 Fines




Chapter 8 Appeals



§8.01 Overview

§8.02 Right to appeal

§8.03 Collateral orders

§8.04 Notice of appeal

§8.05 Expedited appeals

§8.06 Continuation of counsel on appeal

§8.07 Electronic filing (CM/ECF)

§8.08 Motions

§8.09 Bail pending appeal

§8.10 Transcripts

§8.11 Brief and appendix for appellant

§8.12 Oral argument

§8.13 Decision and entry of judgment

§8.14 Petition for panel rehearing or rehearing en banc

§8.15 Petition for a writ of certiorari