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Prosecutorial Misconduct: Law, Procedure, Forms, Fourth Edition

Prosecutorial Misconduct: Law, Procedure, Forms, Fourth Edition

Analysis of every prosecutorial abuse, from the initiation of a criminal investigation through the post-conviction phases.


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    We've all encountered prosecutors who are only interested in improving their "conviction scorecard" and regularly tread on the Bill of Rights in the name of their own ambition. The Duke Lacrosse Team case and the recently dismissed prosecution of U.S. Senator Ted Stevens are merely emblematic of the kind of prosecutorial abuses that have long plagued our system of criminal justice. In the wake of scandals such as Enron, KMPG, ImClone and WorldCom, lawmakers continue to give federal and state prosecutors expanded, unbridled power to investigate and prosecute, fueling this ambition and encouraging prosecutorial abuse.

    Now, Philadelphia lawyer Joseph F. Lawless, a former Assistant District Attorney, Special Prosecutor and active criminal defense lawyer, gives you the benefit of his 32 years of experience to help protect your clients from prosecutorial misconduct with this authoritative and practical work. Considered the definitive treatise on the subject, this newest edition of Prosecutorial Misconduct provides a comprehensive and scholarly analysis of every prosecutorial abuse, from the initiation of a criminal investigation through the appeal and post-conviction stages for both federal and state jurisdictions. Unlike other works, however, Prosecutorial Misconduct also provides the defense bar with proven battle plans.

    Included in this edition is a complete collection of motions, briefs and arguments from actual cases handled by noted defense lawyers such as David Kendall, Gerry Spence, Billy Martin, James Brosnahan, John Cline, Michael Tigar and Joe Lawless, such as:
    • the Jayson Williams murder case;
    • the Clinton/Lewinsky grand jury probe;
    • the Wen Ho Lee espionage prosecution;
    • the prosecution of "American Taliban" John Philip Walker Lindh;
    • the Oklahoma City Bombing trial, United States v. Terry Lynn Nichols;
    • the "Buddhist Temple" fundraising case, United States v. Maria Hsia;
    • the Linda Tripp wiretap investigation;
    • the Doug Gilmore NHL extortion case.

    This newest edition also examines:
    • the Hyde Amendment;
    • the Principles of Federal Prosecution for Business Organizations;
    • the White Collar Crime Penalty Enhancement Act.

    Prosecutorial Misconduct sets out innovative, aggressive strategies developed in the crossfire of the courtroom by accomplished, successful defense lawyers, and is a must for every defense lawyer's library.

    "Joe Lawless is what great trial lawyers are made of and he's written an important book - you bet I use Prosecutorial Misconduct."

    - Gerry Spence
    Jackson, Wyoming

    "Probably the planet's expert on prosecutorial misconduct."

    - Ron Kuby
    New York, New York

    Chapter 1 The prosecution function
    Chapter 2 Grand jury abuses and how to combat them
    Chapter 3 Prosecutorial abuse of the decision to charge
    Chapter 4 The press and the prosecutor
    Chapter 5 Abuses of the discovery process
    Chapter 6 Plea negotiations, plea agreements, and pretrial strategy
    Chapter 7 Unnecessary delay
    Chapter 8 Prosecutorial abuses in jury selection
    Chapter 9 Prosecutorial abuses in opening and closing argument
    Chapter 10 Pretrial maneuvering: Misconduct in the evidentiary proceedings
    Chapter 11 Mistrials, double jeopardy, and problems at retrial
    Chapter 12 Prosecutorial misconduct at sentencing
    Chapter 13 Actions and sanctions for prosecutorial misconduct
    Chapter 14 Stings, scams, future trends, and collateral attacks
    Appendix A ABA STANDARDS FOR CRIMINAL JUSTICE
    Appendix B PRINCIPLES OF FEDERAL PROSECUTION OF BUSINESS ORGANIZATIONS MEMORANDUM
    Appendix C DEPARTMENT OF JUSTICE GUIDELINES ON USE OF CONFIDENTIAL INFORMANTS
    Appendix D CRIMINAL LAW AND RELATED WEB SITES
    Appendix E DISBARMENT ORDER--THE NORTH CAROLINA STATE BAR v. MICHAEL B. NIFONG
    Table of Cases
    Index

     

    Lawless, Joseph F.


    Joseph F. Lawless maintains a national practice focused on white collar criminal defense and complex civil litigation based in Philadelphia, Pennsylvania. He has successfully represented corporate and individual defendants in grand jury investigations, at trial, and on appeal in federal and state courts, on charges ranging from bank fraud, bribery, government contracting fraud, racketeering, public corruption, extortion, health care fraud, securities fraud, violations of the False Claims Act, the Foreign Corrupt Practices Act, and perjury to murder and other crimes of violence. He also represents clients before Congress and other government agencies. Mr. Lawless was a member of the defense team for former NBA All Star Jayson Williams in his 2004 trial on homicide charges.

    In Thompson v. Connick, Mr. Lawless appeared as plaintiff's sole expert witness on criminal defense and prosecutorial misconduct issues. The February 2007 trial resulted in a $14.5 million jury award for a former death row inmate wrongfully convicted of murder and later exonerated. On December 19, 2008, the verdict was upheld by the United States Court of Appeals for the Fifth Circuit.

    Mr. Lawless is past Chair of the Criminal Law Section of the Association of Trial Lawyers of America, Assistant District Attorney in Chester County, Pennsylvania, and Special Counsel to the Pennsylvania Judicial Inquiry and Review Board in the investigation and prosecution of a sitting Pennsylvania Supreme Court Justice. He also served as a Mental Health Hearing Examiner for the Court of Common Pleas of Delaware County, where he heard and adjudicated petitions for involuntary treatment under the Pennsylvania Mental Health Act for five years. Mr. Lawless was also elected to and served two terms as a Delaware County Judge of Elections. Equally adept at trying criminal and civil cases, a federal district court opinion recently lauded his "extensive trial experience and outstanding trial skills."

    Mr. Lawless has authored numerous articles and is a frequent lecturer on criminal and civil trial techniques and tactics and is considered one of the foremost authorities on prosecutorial misconduct in federal and state criminal prosecutions. He appears as a legal commentator for CNN, Fox News Court TV/TruTV, and WWRL-AM radio, New York. He is a regular guest on Nancy Grace and The Lineup with Kimberly Guilfoyle and appears on Hannity & Colmes and Geraldo at Large.

    Mr. Lawless is a 1976 graduate of Villanova University School of Law and a 1973 graduate of St. Joseph's University. Mr. Lawless is grateful for and continues to welcome contributions to this treatise. His e-mail address is jlawless41@gmail.com .

     

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