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As a former prosecutor, the author uses actual case stories, some famous cases and many ordinary ones, to show how prosecutors use and sometimes abuse their extraordinary power to convict wrongdoers while operating within an array of legal and ethical standards. Book jacket.
The vast majority of prosecution work occurs outside of courtrooms and less than 10% of all criminal cases go to trial. Courtroom performance, then, is of little import if prosecutors have not carefully investigated and prepared cases for prosecution. Courtroom performance is at its best, on the other hand, when prosecutors have thoroughly supervised the investigation and prepared the case for trial. In the end, the raw material prosecutors have to work with in courtrooms—the evidence—is a product of all of the work prosecutors perform outside the courtroom. For the Prosecution: How to Prosecute Criminal Cases seeks to provide prosecutors and those who wish to become prosecutors, including law students, guidance on how to prosecute criminal cases from investigation to appeal. This book provides guidance on how to successfully investigate and prosecute criminal cases. Thus, this book focuses on strategies and tactics involved in prosecution, and the soft skills for managing cases and people. This book examines how to think about criminal cases, guide investigations, and break down and organize complex cases in a persuasive manner. The book also examines ways to organize and prioritize caseloads, strategies for taking down criminal organizations, and tactics for turning criminals into cooperators. The book describes how to handle motions practice, prepare a case for trial, and successfully litigate sentencing hearings and appeals. This is not just another trial advocacy book. It is all of the work prosecutors perform outside the courtroom that makes it possible for them to resolve more than 90% of their cases through guilty pleas, and to prevail on the relatively few cases that go to trial. This book focuses on all the laws, duties, strategies and tactics prosecutors execute investigating and prosecuting criminal cases for those who wish to become prosecutors or further their career. Throughout C.J. Williams explores the strategies and tactics involved in prosecuting criminal cases, as well as examines the skills a successful prosecutor needs to develop in order to work with all those involved in the criminal justice system. He even brings his own experiences and lessons learned about prosecuting criminal cases into For the Prosecution, giving the reader more than the typical trial advocacy book.
Real advice for new & experienced prosecutors from an author that has lived the District Attorney's life.
First published in 1925, 'The Witness for the Prosecution' is a short story and play by Agatha Christie, an English writer best known for her 66 detective novels and 14 short story collections, specifically those revolving around fictional detectives Hercule Poirot and Miss Marple. When affluent spinster, Emily French is found murdered, skepticism falls on Leonard Vole, the man to whom she impatiently bequeathed her riches before she died. Leonard assures the investigators that his wife, Romaine Heiliger, can provide them with an alibi. However, when questioned, Romaine notifies the police that Vole returned home late that night covered in blood. During the trial, Ms. French's housekeeper, Janet, gives damning proof against Vole, and, as Romaine's cross-examination begins, her motives come under scrutiny from the courtroom. The packed courtroom waited as Romaine mounted the stand to deliver the testimony that has made this the masterpiece of suspense and shock. The ultimate question is whether justice will prevail or not.
How to Try a Murder Case covers the preparation from the very beginning -- even before the crime was committed -- and progresses through the investigation to searches, arrest, and interrogation. This book explains the law, provides examples, and gives advice by offering the reader vicarious experience in trying a murder case.
The story of America’s first Mental Health Court as told by its presiding judge, Judge Ginger Lerner-Wren—from its inception in 1997 to its implementation in over 400 courts across the nation As a young legal advocate, Ginger Lerner-Wren bore witness to the consequences of an underdeveloped mental health care infrastructure. Unable to do more than offer guidance, she watched families being torn apart as client after client was ensnared in the criminal system for crimes committed as a result of addiction, homelessness, and mental illness. She soon learned this was a far-reaching crisis—estimates show that in forty-four states, jails and prisons house ten times more people with serious mental illnesses than state psychiatric hospitals. In A Court of Refuge, Judge Ginger Lerner-Wren tells the story of how the first dedicated mental health court in the United States grew from an offshoot of her criminal division, held during lunch hour without the aid of any federal funding, to a revolutionary institution. Of the two hundred thousand people behind bars at the court’s inception in 1997, more than one in ten were known to have schizophrenia, bipolar disorder, or major depression. To date, the court has successfully diverted more than twenty thousand people suffering from various psychiatric conditions from jail and into treatment facilities and other community resources. Working under the theoretical framework of therapeutic jurisprudence, Judge Lerner-Wren and her growing network of fierce, determined advocates, families, and supporters sparked a national movement to conceptualize courts as a place of healing. Today, there are hundreds of such courts in the US. Poignant and compassionately written, A Court of Refuge demonstrates both the potential relief mental health courts can provide to underserved communities and their limitations in a system in dire need of vast overhauls of the policies that got us here. Lerner-Wren presents a refreshing possibility for a future in which criminal justice and mental health care can work in tandem to address this vexing human rights issue—and to change our attitudes about mental illness as a whole.
NEW YORK TIMES BESTSELLER • A renowned journalist and legal commentator exposes the unchecked power of the prosecutor as a driving force in America’s mass incarceration crisis—and charts a way out. “An important, thoughtful, and thorough examination of criminal justice in America that speaks directly to how we reduce mass incarceration.”—Bryan Stevenson, author of Just Mercy “This harrowing, often enraging book is a hopeful one, as well, profiling innovative new approaches and the frontline advocates who champion them.”—Matthew Desmond, author of Evicted FINALIST FOR THE LOS ANGELES TIMES BOOK PRIZE • SHORTLISTED FOR THE J. ANTHONY LUKAS BOOK PRIZE • NAMED ONE OF THE BEST BOOKS OF THE YEAR BY NPR • The New York Public Library • Library Journal • Publishers Weekly • Kirkus Reviews The American criminal justice system is supposed to be a contest between two equal adversaries, the prosecution and the defense, with judges ensuring a fair fight. That image of the law does not match the reality in the courtroom, however. Much of the time, it is prosecutors more than judges who control the outcome of a case, from choosing the charge to setting bail to determining the plea bargain. They often decide who goes free and who goes to prison, even who lives and who dies. In Charged, Emily Bazelon reveals how this kind of unchecked power is the underreported cause of enormous injustice—and the missing piece in the mass incarceration puzzle. Charged follows the story of two young people caught up in the criminal justice system: Kevin, a twenty-year-old in Brooklyn who picked up his friend’s gun as the cops burst in and was charged with a serious violent felony, and Noura, a teenage girl in Memphis indicted for the murder of her mother. Bazelon tracks both cases—from arrest and charging to trial and sentencing—and, with her trademark blend of deeply reported narrative, legal analysis, and investigative journalism, illustrates just how criminal prosecutions can go wrong and, more important, why they don’t have to. Bazelon also details the second chances they prosecutors can extend, if they choose, to Kevin and Noura and so many others. She follows a wave of reform-minded D.A.s who have been elected in some of our biggest cities, as well as in rural areas in every region of the country, put in office to do nothing less than reinvent how their job is done. If they succeed, they can point the country toward a different and profoundly better future.
Drawing on a career spanning four decades, retired prosecutor Albert C. Bender gives a rare glimpse into the mysterious and often unknown world of the District Attorney's office. Each chapter is very readable and recounts a distinct episode from that career, an episode in which the author was an actual participant or an observer. Early chapters entertain with true stories which reveal much about how the criminal justice system was conducted beginning way back when Lyndon Johnson was President of the United States and young men were being drafted to fight a war in a distant country that most people had never heard of. A traffic offender is admonished that he should just "pick a number" and that would be his fine. A judge suggests that a criminal defendant, who plead not guilty and wants a jury trial, should tell his story now to his "peers" (his fellow inmates waiting to be arraigned). Later chapters shed valuable insight into controversies such as "the twinkie defense" used by Dan White, who murdered Mayor Mosconi and Harvey Milk; the fiasco which resulted when Rose Bird became Chief Justice of the California Supreme Court; and awkward situations facing the prosecuting attorney when a witness becomes confused while testifying. The final chapters provide insight into serious felony cases, such as rapes, domestic violence, and homicides, in which the author was the trial attorney for the prosecution. And, scattered throughout the book are many fascinating and even bizarre episodes that would be unbelievable but for the fact that the author claims to have observed it all from his front row seat in the criminal justice arena.
Some two thousand years ago, in a small province of the Roman Empire, an obscure Roman governor ordered the execution of a peasant leader. It went virtually unnoticed at the time. No official report of the event has survived, and we would have no memory at all of it except for the efforts of a handful of followers of the condemned man. Those followers who kept that memory alive changed the course of history, and the results of their efforts continue to reverberate to this day. Conventional interpretation says that the execution of Jesus of Nazareth came on the heels of a series illegal trials before a number of different tribunals, and at the culmination of that series of trials a moral coward by the name of Pontius Pilate ordered Jesus’ execution despite being satisfied that he was innocent. Revisionist interpretation says that there was no trial at all, that Pilate simply executed Jesus because he was a nuisance, and that Jesus’ followers invented the story of his execution as a means of shifting the blame from the Roman government to a group of people whom they despised – the Jews. Are the Gospels good history or bad propaganda? Does a fair reading of the Gospel accounts support either the conventional or the revisionist interpretation of the trial of Jesus? Who, if anyone, should shoulder the blame for the crucifixion of Jesus? The Case against Christ seeks to answer these questions by treating the matter as a forensic death investigation and answering the questions as they might be answered by a prosecutor attempting to determine who should be held criminally responsible for the death of Jesus.
The shocking story of the legal persecution of Wikileaks founder Julian Assange and the dangerous implications for the whistleblowers of the future. In July 2010, Wikileaks published Cablegate, one of the biggest leaks in the history of the US military, including evidence for war crimes and torture. In the aftermath Julian Assange, the founder and spokesman of Wikileaks, found himself at the center of a media storm, accused of hacking and later sexual assault. He spent the next seven years in asylum in the Ecuadorian embassy in London, fearful that he would be extradited to Sweden to face the accusations of assault and then sent to US. In 2019, Assange was handed over to the British police and, on the same day, the U.S. demanded his extradition. They threatened him with up to 175 years in prison for alleged espionage and computer fraud. At this point, Nils Melzer, UN Special Rapporteur on Torture, started his investigation into how the US and UK governments were working together to ensure a conviction. His findings are explosive, revealing that Assange has faced grave and systematic due process violations, judicial bias, collusion and manipulated evidence. He has been the victim of constant surveillance, defamation and threats. Melzer also gathered together consolidated medical evidence that proves that Assange has suffered prolonged psychological torture. Melzer’s compelling investigation puts the UK and US state into the dock, showing how, through secrecy, impunity and, crucially, public indifference, unchecked power reveals a deeply undemocratic system. Furthermore, the Assange case sets a dangerous precedent: once telling the truth becomes a crime, censorship and tyranny will inevitably follow. The Trial of Julian Assange is told in three parts: the first explores Nils Melzer’s own story about how he became involved in the case and why Assange’s case falls under his mandate as the Special Rapporteur on Torture. The second section returns to 2010 when Wikileaks released the largest leak in the history of the U.S. military, exposing war crimes and corruption, and Nils makes the case that Swedish authorities manipulated charges against Assange to force his extradition to the US and publicly discredit him. In the third section, the author returns to 2019 and picks up the case as Ecuador kicks Assange out of the embassy and lays out the case as it currently stands, as well as the stakes involved for other potential whistleblowers trying to serve the public interest.