The Defendants Rights

With this comprehensive study, written in lay language, David Fellman provides an up-to-date analysis of the rights of the accused, certain to be welcomed by political scientists, students of public law, and all with an interest in due process of law. Since Fellman's 1958 book, The Defendant's Rights, substantial changes in the criminal justice system have occured. The past few decades before the publication of The Defendant's Rights Today have been witness to a striking expansion of the central concept of due process of law as it relates to criminal justice. The subject of defendants' rights is broad and complex. Fellman here explores its underlying concepts, bringing together a comprehensive discussion of the effects of the criminal justice system on the accused from arrest, through trial, to post-conviction remedies.

The right to a speedy trial -- The right to a public trial -- The right to a jury trial -- Place of prosecution -- The right to be informed of the nature and cause of the accusations -- The confrontation clause -- The compulsory process clause

Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.

Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system. The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.

When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us.

A unique handbook comparing defendant rights in legal traditions around the world in light of fast-changing developments in U.S. law since September 11, 2001, and the USA PATRIOT Act. Written for the general reader, this book examines the scope of the legal rights granted by the U.S. Constitution to those accused of a crime. Defendant Rights examines the history of the Anglo-American legal tradition and compares and contrasts this with the major international systems of the world. Of special significance are the book's sections on the development of the British Dooms Law books under the Anglo-Saxon kings, and the Magna Carta's impact on American legal thought. Especially important in today's political climate is the coverage of Islam's sacred text, the Koran, and the role of the Islamic Kadi.

"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.