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Prosecutorial And Judicial Misconduct


Prosecutorial And Judicial Misconduct
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Prosecutorial And Judicial Misconduct


Prosecutorial And Judicial Misconduct
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Author : Dolores A. Donovan
language : en
Publisher:
Release Date : 1979

Prosecutorial And Judicial Misconduct written by Dolores A. Donovan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Judicial ethics categories.




Prosecutorial And Judicial Misconduct


Prosecutorial And Judicial Misconduct
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Author : Dolores A. Donovan
language : en
Publisher:
Release Date : 1979

Prosecutorial And Judicial Misconduct written by Dolores A. Donovan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Judicial ethics categories.




Prosecutorial Misconduct


Prosecutorial Misconduct
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Author : Bennett L. Gershman
language : en
Publisher: West Group Publishing
Release Date : 1999

Prosecutorial Misconduct written by Bennett L. Gershman and has been published by West Group Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.




Prosecutorial Misconduct


Prosecutorial Misconduct
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Author : Joseph F. Lawless
language : en
Publisher:
Release Date : 2003-01

Prosecutorial Misconduct written by Joseph F. Lawless and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01 with Legal ethics categories.




Prosecutorial Misconduct


Prosecutorial Misconduct
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Author : Robert J. Frater
language : en
Publisher:
Release Date : 2017

Prosecutorial Misconduct written by Robert J. Frater and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Legal ethics categories.


"This is the essential text for Crown counsel who need to operate within the rules of law and for defence counsel who need to identify when prosecutorial misconduct occurs and the remedies that are available. This comprehensive and thought-provoking treatise covers prosecutorial misconduct at every stage of the criminal process and impartially and objectively identifies its elements with specific reference to case law. In addition, Prosecutorial Misconduct provides expert commentary on the tort of malicious prosecution and related civil actions against prosecutors. The second edition updates, expands, re-writes and re-organizes the text to deal with some very substantial developments in the law since the first edition. The Supreme Court of Canada has been very active in addressing a number of areas of prosecutorial misconduct, including malicious prosecution (Miazga v. Kvello Estate; Charter torts (Henry v. B.C.); plea bargaining (R. v. Nixon); and abuse of process (R. v. Anderson). Those cases and others have led to a significant volume of new litigation in Canada. Like the previous edition, this one also covers significant developments abroad, particularly Australia, the United Kingdom, and the United States"--Provided by publisher.



Prosecutorial Misconduct


Prosecutorial Misconduct
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Author : Joseph F. Lawless
language : en
Publisher: Lexis Law Publishing (Va)
Release Date : 1985

Prosecutorial Misconduct written by Joseph F. Lawless and has been published by Lexis Law Publishing (Va) this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Legal ethics categories.


An overall treatment of the topic. Included are federal and state citations, annotated forms,and checklists.



Prosecutorial Misconduct


Prosecutorial Misconduct
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Author :
language : en
Publisher:
Release Date : 2008

Prosecutorial Misconduct written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Legal ethics categories.




The Evolving Role Of The Public Prosecutor


The Evolving Role Of The Public Prosecutor
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Author : Victoria Colvin
language : en
Publisher: Routledge
Release Date : 2018-09-24

The Evolving Role Of The Public Prosecutor written by Victoria Colvin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-24 with Social Science categories.


The modern public prosecutor is a figure both powerful and enigmatic. Legal scholars and criminologists often identify “three essential components” of criminal justice systems: police, courts and corrections. Yet increasingly, the public prosecutor occupies a distinct role independent from any of these branches. Acting outside of the court, and therefore largely out of the public eye, the prosecutor’s control over whether and what charges proceed to court can limit judicial discretion on sentencing, open pathways to alternative measures and even deny entry into the criminal justice system entirely. In this sense the prosecutor serves as a true “gatekeeper” to the criminal process. This book addresses key aspects of the evolving role of domestic and international prosecutors in common law and civil law systems in the twenty-first century, and the challenges posed by this evolution. This collection of chapters from respected scholars takes an international, comparative approach and explores how these different legal systems have borrowed theorisations and articulations of the prosecutorial role from each other in adapting the office to changing conditions and expectations. The volume is structured around four main themes relating to the role of the modern prosecutor: the nature of the prosecutor’s office, the role of the prosecutor in investigations, prosecutorial discretion and how it is exercised, and politicisation and accountability of prosecutors. This book is essential for scholars and students in criminal justice, pre-law/legal studies, criminology, justice studies and political science, and is useful as a resource for those interested in legal change around the world.



Corporate Crime


Corporate Crime
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Author : Eileen Regen Larence
language : en
Publisher: DIANE Publishing
Release Date : 2010-05

Corporate Crime written by Eileen Regen Larence and has been published by DIANE Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05 with Law categories.




Prosecutorial Misconduct In Grand Jury Investigations


Prosecutorial Misconduct In Grand Jury Investigations
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Author : Peter J. Henning
language : en
Publisher:
Release Date : 2008

Prosecutorial Misconduct In Grand Jury Investigations written by Peter J. Henning and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.


The article analyzes how the Supreme Court has blunted numerous efforts by defendants to challenge the actions of prosecutors in the grand jury. The Court's approach to the prosecutor's actions in the grand jury investigation effectively made that conduct unreviewable by lower courts. In light of that approach, criticism of the grand jury system based on the degree of prosecutorial domination of the process overlooks the degree to which the Court accepted, and even encouraged, prosecutorial control of grand jury investigations. Assertions that the grand jury's accusatory role has devolved into a quot;rubber stampquot; of the prosecutor are, in a sense, exactly the point: The Court views the grand jury as independent of judicial control in order to protect its investigative function, the aspect more important to the effective operation of the criminal justice system. To that end, the Supreme Court has rejected efforts that would allow, or worse, encourage courts to adopt rules that would impinge on the grand jury's investigative function or the prosecutor's role in directing the investigation.Just because prosecutorial misconduct before the grand jury cannot be challenged except in rare cases in the context of the particular criminal prosecution in which it occurred does not mean that alternative avenues are - or should be - unavailable. The authority to monitor prosecutorial conduct before the grand jury, however, rests with the legislature to create a means for reviewing misconduct and any harm it engendered, and not with courts enforcing constitutional provisions or exercising their supervisory power. The Hyde Amendment points the way to what I conclude is the proper means of policing prosecutorial misconduct in the grand jury. This provision permits a defendant exonerated of federal criminal charges to seek attorneys fees if he can prove the government's decision to file charges was quot;vexatious, frivolous or in bad faith...quot; The Hyde Amendment makes prosecutorial misconduct the principal issue in a claim for attorneys fees, requiring courts to review the government's conduct as far back as the earliest stages of a case, including the grand jury investigation. With the power of judicial hindsight to assess the propriety of the government's conduct, the Hyde Amendment gives courts a means to police prosecutorial misconduct without interfering in the grand jury's investigation or the conduct of a criminal prosecution.