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The intimidation of defense attorneys poses a major challenge to China's criminal justice system and the Chinese leadership's stated goals of building the rule of law and protecting the rights of PRC citizens. In recent years, China's leaders have taken some positive steps toward these goals by amending the PRC Criminal Procedure Law to enhance the rights of criminal defendants and making public commitments to restrain law enforcement abuses. However, these steps forward are being undermined by the intimidation of China's defense attorneys. Such harassment, which has been highlighted by the recent prosecution of Zhang Jianzhong, one of China's most prominent defense lawyers, has contributed to low morale in the Chinese defense bar and a lack of aggressiveness in criminal defense. It has also contributed to a steady decline in the percentage of Chinese criminal defendants represented by legal counsel, despite a continuing increase in the number of lawyers in China. These trends have sparked a vibrant debate in China on appropriate protections for criminal defense lawyers. Chinese authorities can take several steps to address these problems by: (1) recognizing the important implications of the Zhang Jianzhong case for rule of law in China and demonstrating that Zhang has been treated fairly under the law; (2) repealing Article 306 of the PRC Criminal Law, an unnecessary provision on evidence fabrication that is often used to harass defense attorneys; (3) raising evidentiary requirements in evidence fabrication cases and clarifying related statutory language; and (4) giving an All China Lawyers Association disciplinary committee primary responsibility for adjudicating cases of evidence fabrication and similar misconduct involving defense attorneys.--Executive summary.
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.
DIVA successful former defense attorney exposes the raw truth about the courtroom “game” and a career spent defending the guilty/divDIV As an advocate for the accused in Newark, New Jersey, criminal lawyer Seymour Wishman defended a vast array of clients, from burglars and thieves to rapists and murderers. Many of them were poor and undereducated, and nearly all of them were guilty. But it was not Wishman’s duty to pass moral judgment on those he represented. His job was to convince a jury to set his clients free or, at the very least, to impose the most lenient punishment permissible by law. And he was very good at his job. Reveling in the adrenaline rush of “winning,” Wishman gave no thought to the ethical considerations of his daily dealings . . . until he was confronted on the street by a rape victim he had humiliated in the courtroom./divDIV /divDIVA fascinating, no-holds-barred memoir of his years spent as “attorney for the damned,” Wishman’s Confessions of a Criminal Lawyer is a startling and important work—an eye-opening, thought-provoking examination of how the justice system works and how it should work—by an attorney who both defended and prosecuted those accused of the most horrific crimes./div
"Anyone interested in the true merits of criminal law and very fine writing must read Alan Dershowitz's book." --Truman Capote In this tell-all legal memoir, Alan Dershowitz describes his most famous, and infamous, cases and clients. In the process, takes a critical, informed look at a legal system that he regards as deeply corrupt.
A recent study estimates that thousands of innocent people are wrongfully imprisoned each year in the United States. Some are exonerated through DNA evidence, but many more languish in prison because their convictions were based on faulty eyewitness accounts and no DNA is available. Prominent criminal lawyer and law professor Abbe Smith weaves together real life cases to show what it is like to champion the rights of the accused. Smith describes the moral and ethical dilemmas of representing the guilty and the weighty burden of fighting for the innocent, including the victorious story of how she helped free a woman wrongly imprisoned for nearly three decades. For fans of Law and Order and investigative news programs like 20/20, Case of a Lifetime is a chilling look at what really determines a person's innocence.
Criminal defense attorneys protect the innocent and guilty alike, but, the majority of criminal defendants are guilty. This is as it should be in a free society. Yet there are many different types of crime and degrees of guilt, and the defense must navigate through a complex criminal justice system that is not always equipped to recognize nuances. In Guilty People, law professor and longtime criminal defense attorney Abbe Smith gives us a thoughtful and honest look at guilty individuals on trial. Each chapter tells compelling stories about real cases she handled; some of her clients were guilty of only petty crimes and misdemeanors, while others committed offenses as grave as rape and murder. In the process, she answers the question that every defense attorney is routinely asked: How can you represent these people? Smith’s answer also tackles seldom-addressed but equally important questions such as: Who are the people filling our nation’s jails and prisons? Are they as dangerous and depraved as they are usually portrayed? How did they get caught up in the system? And what happens to them there? This book challenges the assumption that the guilty are a separate species, unworthy of humane treatment. It is dedicated to guilty people—every single one of us.
Court TV host Nancy Grace presents her case in this behind-the-scenes look at the high-profile cases everyone is talking about ancy Grace is a name millions of Americans recognize from her regular appearances on Court TV and Larry King Live. Legions of loyal fans tune in for her opinions on today's high-profile cases and her expert commentary on the challenges facing the American judicial system. Now, in Objection!, she makes her case for what's wrong with the legal system and what can be done about it.
Are you accused of a crime? Are you incarcerated? Are you close to someone who is? Are you a law student? (You won't find this information in law school!) Are you a practicing attorney who wants to be certain to excel in the arena of criminal defense? The secrets in this book serve as a guiding light to achieving Total Victory in the courtroom. An excellent criminal defense attorney's goal is Total Victory which means dismissal of all charges prior to trial, acquittal at trial, or reversal on appeal with directions to dismiss. A plea bargain is not Total Victory, nor can any form of win-win negotiating be Total Victory. Why should the prosecutor get anything? Every criminal case presents potential opportunities for Total Victory. An excellent criminal defense attorney knows how to transform these opportunities into actual dismissal or acquittal. When a lawyer is 100% for the client and stands up for the client to the nth degree, each secret of criminal defense is crucial. Just as a chain is no stronger than its weakest link, an excellent criminal defense attorney knows how to maximize representation in every case, never allowing a weak link. Those criminal defense attorneys who deserve the word excellent work to Win! They do everything they can think of within the law and the rules to win, and they win because they are knowledgeable and experienced with the tools and techniques and state of mind set forth in this book. Written in a clean, clear style, its also a most enjoyable read!
"The arrest of Mohammad Salameh, an illegal Palestinian immigrant, and three other Arab men in connection with the 1993 World Trade Center bombing set off the first major Muslim scare in New York City history. It was in this atmosphere that the four defendants were indicted and stood trial for the terrorist act. I was a public defender with New York s Legal Aid Society at the time and by chance was assigned to represent the lead suspect, Salameh. The high-profile case snapped me out of my midcareer doldrums. Salameh was the ultimate underdog, and I was determined to ensure that he received a fair trial before an impartial jury. Unfortunately, the key court actors judge, prosecutors, and defense lawyers failed to meet this challenge. Terrorism defendants are not predestined to receive unfair trials. If we are alert to the stress factors that can undermine impartiality, we can take measures to avoid transforming the potential for injustice into the actuality of an unfair proceeding." from the Preface This is the inside story of an epic courtroom showdown between terrorism and the American legal system. On a snowy day in February 1993, a massive car bomb nearly toppled the World Trade Center. Four Middle Eastern men were quickly arrested and charged with the crime. At the time, Robert E. Precht was a staff attorney for the Legal Aid Society Federal Defender Division in Manhattan, handling routine cases as a public defender. He was surprised to be appointed defense attorney to the chief suspect, Mohammad Salameh, and challenged as never before by the media circus that this major terrorism trial would prove to be. The events and personalities of the trial make for gripping reading, but equally compelling are Precht s observations on the forces arrayed against fair trials for accused terrorists."