Criminal procedure : adjudication / Andrew D. Leipold.
2017
Items
Details
Author
Title
Criminal procedure : adjudication / Andrew D. Leipold.
Imprint
[New York, NY] : Foundation Press ; St. Paul, MN : West Academic Publishing, [2017]
Copyright
©2017
Description
1 online resource.
Series
Concepts and insights series.
Formatted Contents Note
Cover Page; Title Page; Copyright Page; Dedication; SUMMARY OF CONTENTS; TABLE OF CONTENTS; Chapter 1. Introduction; A. The Federal Rules of Criminal Procedure; B. Steps in the Process; Chapter 2. The Right to Counsel; A. When the Accused Has a Right to a Lawyer; 1. The Right to Appointed Counsel; 2. When the Right to Counsel Attaches; a) How Far Does the Right Extend?; b) At What Point Does the Right to Counsel Begin?; 3. The Right to Counsel and Minor Crimes; 4. The Lawyer-Client Relationship; 5. The Right Not to Have Counselâ#x80;#x94;Waiver and Self Representation
B. The Right to the Effective Assistance of Counsel1. Deficient Lawyering; a) The Strickland Standard; b) Deficient Lawyering and the Plea Process; c) When a Strickland Claim is Available; 2. Counsel with a Conflict of Interest; 3. Per se Violations and Government Interference; Chapter 3. Pretrial Release and Detention; A. Pretrial Release and Bail Procedures; B. Surety Bonds and Bail Bondsmen; C. Bail Amounts; 1. Factors; 2. Limits on Bail Amounts; D. Preventive Detention; 1. The Detention Hearing; 2. The Constitutionality of Preventive Detention; E. Bail Pending Appeal
Chapter 4. The Decision to ProsecuteA. The Prosecutorâ#x80;#x99;s Charging Discretion; B. Institutional Limits on the Charging Power; C. Legal Challenges to the Charging Decision; 1. Selective Prosecution; 2. Vindictive Prosecution; 3. Challenges to the Charge Selection; Chapter 5. Preliminary Hearings; A. Introduction: Pretrial Screening of Charges; B. Preliminary Hearing Procedures; C. The Role of Preliminary Hearings; Chapter 6. The Grand Jury; A. Grand Jury Procedures; B. Grand Jury Secrecy; C. Grand Jury Investigations; 1. The Subpoena Power; 2. Testimonial Privileges and the Power to Immunize
A) The Fifth Amendment Privilege and Documentsb) The Immunity Power; D. Grand Jury Screening; 1. The Evidence a Grand Jury Can Consider; 2. Challenges to the Indictment; Chapter 7. The Charging Document; A. The Complaint; B. The Indictment; 1. Waiver; 2. Content of the Indictment; 3. A Bill of Particulars; 4. Challenges to the Indictment; a) Failure to State an Offense; b) Duplicity and Multiplicity; 5. Amendments, Variances, and Surplusage; C. The Information; Chapter 8. Joinder and Severance; A. Joinder; 1. Joinder of Charges; 2. Joinder of Defendants; 3. Procedural Considerations
4. The Failure to Join Related OffensesB. Severance; 1. The Potential Prejudice of Joint Trials; 2. Grounds for Severance; a) Bruton Problems; b) Other Grounds; Chapter 9. Venue; A. Proper Venue: The Crime-Committed Formula; B. Change of Venue; Pretrial Publicity; Chapter 10. The Speedy Trial Right; A. The Constitutional Speedy Trial Right; 1. Length of the Delay; 2. Reasons for the Delay; 3. Defendantâ#x80;#x99;s Assertion of the Right; 4. Prejudice; 5. The Remedy for a Sixth Amendment Violation; B. Statutory Limitsâ#x80;#x94;The Speedy Trial Act; 1. Calculating the Time
B. The Right to the Effective Assistance of Counsel1. Deficient Lawyering; a) The Strickland Standard; b) Deficient Lawyering and the Plea Process; c) When a Strickland Claim is Available; 2. Counsel with a Conflict of Interest; 3. Per se Violations and Government Interference; Chapter 3. Pretrial Release and Detention; A. Pretrial Release and Bail Procedures; B. Surety Bonds and Bail Bondsmen; C. Bail Amounts; 1. Factors; 2. Limits on Bail Amounts; D. Preventive Detention; 1. The Detention Hearing; 2. The Constitutionality of Preventive Detention; E. Bail Pending Appeal
Chapter 4. The Decision to ProsecuteA. The Prosecutorâ#x80;#x99;s Charging Discretion; B. Institutional Limits on the Charging Power; C. Legal Challenges to the Charging Decision; 1. Selective Prosecution; 2. Vindictive Prosecution; 3. Challenges to the Charge Selection; Chapter 5. Preliminary Hearings; A. Introduction: Pretrial Screening of Charges; B. Preliminary Hearing Procedures; C. The Role of Preliminary Hearings; Chapter 6. The Grand Jury; A. Grand Jury Procedures; B. Grand Jury Secrecy; C. Grand Jury Investigations; 1. The Subpoena Power; 2. Testimonial Privileges and the Power to Immunize
A) The Fifth Amendment Privilege and Documentsb) The Immunity Power; D. Grand Jury Screening; 1. The Evidence a Grand Jury Can Consider; 2. Challenges to the Indictment; Chapter 7. The Charging Document; A. The Complaint; B. The Indictment; 1. Waiver; 2. Content of the Indictment; 3. A Bill of Particulars; 4. Challenges to the Indictment; a) Failure to State an Offense; b) Duplicity and Multiplicity; 5. Amendments, Variances, and Surplusage; C. The Information; Chapter 8. Joinder and Severance; A. Joinder; 1. Joinder of Charges; 2. Joinder of Defendants; 3. Procedural Considerations
4. The Failure to Join Related OffensesB. Severance; 1. The Potential Prejudice of Joint Trials; 2. Grounds for Severance; a) Bruton Problems; b) Other Grounds; Chapter 9. Venue; A. Proper Venue: The Crime-Committed Formula; B. Change of Venue; Pretrial Publicity; Chapter 10. The Speedy Trial Right; A. The Constitutional Speedy Trial Right; 1. Length of the Delay; 2. Reasons for the Delay; 3. Defendantâ#x80;#x99;s Assertion of the Right; 4. Prejudice; 5. The Remedy for a Sixth Amendment Violation; B. Statutory Limitsâ#x80;#x94;The Speedy Trial Act; 1. Calculating the Time
Summary
This readable book walks step-by-step through the criminal adjudication process, from the post-arrest bail decision and the right to counsel through the post-trial direct appeal. It analyzes the main cases and statutes in each area, showing how the doctrine has developed and its current state. The book also places great emphasis on the Federal Rules of Criminal Procedure, working through their text in a clear, understandable way, explaining not only the law but the strategic issues that a lawyer might face. This is the ideal book for the student who wants both a broad overview of how the parts of the process fit together and enough detail to understand the thorny problems that are most likely to arise on an exam and in practice. This book works equally well as a stand-alone text or as a supplement to a traditional casebook.
Note
Includes index.
Source of Description
Print version record.
Location
www
Available in Other Form
Linked Resources
Alternate Title
West Academic study aids.
Language
English
ISBN
9781609302993 (electronic book)
1609302990 (electronic book)
9781683285915
1683285913
1609302990 (electronic book)
9781683285915
1683285913
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