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Criminal Procedure
Different Rules for Different Suspects, by
Leslie R. Caldwell.
Lawyers practicing whitecollar criminal law may not be aware that the U.S. Department of Justice's policy on publicly identifying individuals suspected but not accused of criminal wrongdoing depends entirely on which part of the department is handling a particular criminal case. There is a serious question whether the department's main justifications for naming uncharged individuals on antitrust carveout lists to motivate corporate cooperation in complex conspiracy cases and to ensure contractual clarity in plea agreements warrant the potentially serious damage to the named individuals' due process rights and reputations.
Non-Specific.
4 pages. Written:
2007. Added:
5-07-2008.
New York Law Journal
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Criminal Procedure
Should Disclosure of Information Always Destroy Privacy?, by
Dr. Ronald B. Standler.
I have posted a detailed essay explaining why the rule in U.S. v Miller, 425 U.S. 435 (1976) and Smith v. Maryland, 442 U.S. 735 (1979) is wrong, and how this rule degrades privacy on the Internet, degrades privacy of library and bookshop records, degrades privacy of personal letters, and degrades privacy of medical records in criminal trials.
Federal.
51 pages. Written:
2007. Added:
11-01-2007.
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Criminal Procedure
Appeal Waivers And The Future Of Sentencing Policy, by
Nancy J. King, Michael E. O’neill.
This paper is first empirical analysis of appeal waivers clauses in plea agreements by which defendants waive their rights to
appellate and postconviction review. The uneven practice of trading sentencing concessions for waivers among cases & courts also suggests that waivers are
undercutting efforts to advance consistency in federal sentencing.
Non-Specific.
53 pages. Written:
2005. Added:
8-02-2007.
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Criminal Procedure
In defense of evidence and against the exclusionary rule: a libertarian approach, by
Patrick Tinsley, N. Stephan Kinsella and Walter Block.
A prime example is so-called exclusionary rule, according to which evidence uncovered by police in violation of Fourth Amendment's" prohibition against "unreasonable searches & seizures" is excluded from a defendant's criminal trial. Our thesis is that not all legal innovations are improvements, & that this applies, in spades, to exclusionary rule.
Non-Specific.
18 pages. Written:
2005. Added:
5-10-2007.
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Criminal Procedure
Fourth Amendment: Search and Seizure, by
-.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and
seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.
Non-Specific.
74 pages. Written:
2005. Added:
5-10-2007.
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Criminal Procedure
Search and Seizure In Environmental Cases: Tips and Traps, by
Robert S. Anderson.
In our practice, the prosecutor is as involved as
the agent in the preparation, execution and
return of the search warrant, and analysis of
evidence seized therefrom;
Non-Specific.
5 pages. Written:
2006. Added:
5-10-2007.
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Criminal Procedure
The KPMG Deferred Prosecution: Warning Flags for Defense Rights, by
Kathryn Keneally.
The policies and practices of the Department of Justice, evolving from the Holder and Thompson Memoranda and most recently culminating a remarkably broad deferred prosecution agreement with KPMG, are effectively taking any such checks out of the system.
Non-Specific.
5 pages. Written:
2005. Added:
4-29-2007.
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Criminal Procedure
Discovery Rights & Obligations in Criminal Cases, by
Attorney Simon R. Brown.
Discusses discovery practice in New Hampshire.
New Hampshire.
13 pages. Written:
2005. Added:
4-09-2007.
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Expert Witnesses
Daubert: A Practical Guide to Challenging Your Opponent's Expert - And Protecting Your Own, by
J. Hampton Skelton.
The presentation will address practical issues in making & defending challenges to admissibility of expert testimony with an emphasis on Daubert/Robinson standards & practical tips for achieving your goals. Civil trial procedure and criminal procedure may always invove an expert who will testify to the veracity of almost anything.
Non-Specific.
25 pages. Written:
2005. Added:
4-09-2007.
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Criminal Procedure
A Quarter Century after Upjohn, in our Current Culture of Waver, do Privileges Still Exist?, by
George A. Stamboulidis and James E. Pfeffer.
In this article, we discuss the attorney-client privilege in the corporate context in general, and the Supreme Court’s Upjohn decision in particular. Second, we analyze how the predecessors—the Holder, Thompson, and McCallum Memoranda—treated privilege and waiver. Then we examine the McNulty Memorandum in depth.
Non-Specific.
15 pages. Written:
2007. Added:
3-26-2007.
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Criminal
White-Collar Crime: The Crash Course, by
Solomon L. Wisenberg.
Article focuses on the real-world defense of individuals, as opposed to corporations, during the pre-indictment criminal procedure stage of a federal white-collar crime investigation. Most large companies can avoid indictment by cooperating with the federal government and waiving the attorney-client privilege.
Non-Specific.
10 pages. Written:
2005. Added:
3-23-2007.
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Criminal Procedure
An Introduction to Federal Guideline Sentencing, by
Lucien B. Campbell and Henry J. Bemporad.
For lawyers accustomed to discretionary sentencing practice, the federal sentencing guidelines present an alien and dangerous terrain. Because of their complexity, the sentencing guidelines can be a minefield for the defense, increasing exponentially the effort required
to provide effective representation.
Federal.
30 pages. Written:
2005. Added:
3-23-2007.
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Criminal Procedure
Due Diligence: The Sentencing Guidelines and the Lawyer’s Role in Corporate Compliance, by
Steven Carr.
A recent amendment to Federal Sentencing Guidelines imposes new, tougher
requirements and mandates a cultural imperative for ethical behavior and compliance with law by all corporations and business organizations, large and small -- even nonprofit organizations.
Federal.
9 pages. Written:
2005. Added:
3-23-2007.
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Criminal Procedure
Criminal Procedure in the United States and Canada, by
Miller, Canfield, Paddock & Stone, P.L.C..
The following materials provide an overview and comparison of the criminal court systems and criminal procedures of the United States and Canada. This booklet will be of primary interest to American attorneys with clients facing criminal charges in Canada, as well as Canadian lawyers with clients facing criminal charges in the United States.
Non-Specific.
18 pages. Written:
2006. Added:
3-23-2007.
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Criminal Procedure
Killer Seatbelts and Criminal Procedure, by
David Alan Sklansky.
Killer seatbelts refer to the observation that seatbelts and other mandated safety devices in cars had done little good. But drivers responded by taking less care. The result was only a modest drop in driver and passenger fatalities, fully offset by a rise in pedestrian deaths.
Non-Specific.
9 pages. Written:
2006. Added:
3-18-2007.
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