Criminal Litigation

Criminal Litigation is a comprehensive guide to the evidential and procedural rules and skills of criminal litigation and advocacy. The manual provides effective practice knowledge of the fundamental elements of criminal procedure, with an emphasis on client care issues. It discusses the role of the solicitor at all stages of the criminal process, where the case is disposed of in either the District Court or the Superior Courts. Procedure is explained from both a prosecution and a defence perspective, beginning with arrest and proceeding to trial and beyond, in a sequential manner that reflects the criminal justice process. The law on regulatory crime sometimes referred to as white collar or corporate crime is distinguished, at a time when legislation in this area is being enacted. This third edition has been extensively revised to include new chapters on regulatory crime, bail law and the European arrest warrant procedure. It is essential reading for trainee solicitors on the Professional Practice Course, and an excellent resource for Irish legal practitioners and other actors in the criminal justice system. Online Resource Centre Changes and developments in the area will be covered by regular updates to the Online Resource Centre.

This casebook on investigative criminal procedure takes a fresh and uniquely contemporary doctrinal approach. It begins with enough history to enable students to follow the historical arguments that pervade the Supreme Court's great landmarks. Those landmarks receive extensive coverage. Scholarly lower-court opinions, however, often are used as force-multipliers, to synthesize and apply the ever-growing Supreme Court case law. Many of these opinions arose from civil actions, illustrating Section 1983 litigation even before the extensive chapter on constitutional remedies. That chapter deals with the exclusionary rule, but also with 1983 and Bivens suits. Institutional reform injunctions--the most dramatic development in the field in decades--receive extensive treatment. Brief but detailed Notes introduce pertinent academic literature, including empirical findings on stop-and-frisk and institutional reform injunctions, systemic feedback loops, the philosophical basis of the privilege against self-incrimination, and the role of race--past and present--in the law of criminal procedure. Prior books emphasize the Supreme Court's decisions applying the constitutional exclusionary rules. This understandable focus comes at a price. Too little attention is paid to the origins of our constitutional rights or to remedies for institutional violence as distinct from invasions of privacy. The prevailing focus on the e-rule risks devoting the whole course to only part (admittedly a very important part) of the law.

This student-friendly text, the only criminal procedure casebook authored by three female law professors of color (who also bring diverse criminal justice system experiences as a former prosecutor, private criminal defense attorney and public defender), highlights social justice issues intertwined with the law of criminal procedure, integrating issues of race, class, gender, and sexual orientation where relevant.

Theory and practice go hand-in-hand in the newest edition of Criminal Litigation and Legal Issues in Criminal Procedure. Author Brent Newton merges elements from traditional substantive criminal law or criminal procedure courses with the skills training of a trial advocacy program to create an experiential learning course perfect for the next generation of law students. With short, easy-to-digest scenarios and limited, specific case references, Criminal Litigation and Legal Issues in Criminal Procedure, 5th Edition, allows students to practice their research and advocacy skills in a low-risk environment. New to the 5th Edition: Update scenarios reflecting changes in Supreme Court and lower court case law. Professors and students will benefit from: Combining substantive law from “doctrinal” Criminal Procedure courses with the development of students’ courtroom advocacy skills. Learning by doing—every week of the semester. Students role-play prosecutors, defense counsel, and trial judges—providing insights into the law from all three vantage points. An entirely self-contained course—no additional research or resources required. A rare opportunity for law students to develop their public-speaking skills and conquer their fears of public speaking—on a weekly basis.