The Right To Counsel

The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.

"This boxed set contains classroom resources to help America's educators teach about the most important documents in U.S. history"--Box

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.

"Potts has captured the personal conflicts and shared commitment to the rule of law in a precedent-setting trial of a stone cold serial killer, revealing many insightful details I never knew existed. And it was my case!" - Pat Dingle, Homicide Detective, Ret. North Las Vegas Police Department In the late 1970s, a crime wave swept California. Several young girls were kidnapped, brutally raped, and murdered. Michael Dee Mattson, a drug addict with severe emotional problems, was convicted of these crimes and sentenced to be executed in California's gas chamber. James Potts, an aspiring young attorney still coming to terms with the rape of his own younger sister, is asked to find a way to get Mattson's conviction overturned. After making a discovery that could potentially set Mattson free to rape and kill again, Potts struggles with his own moral dilemma: Use this information to free Mattson or let him languish on death row.

Criminal Procedure: Investigation and Right to Counsel, Fourth Edition is derived from the successful casebook Comprehensive Criminal Procedure. Like the parent book, it covers the Fourth, Fifth, and Sixth Amendments and related areas using a thematic approach and offers an appropriate balance of explanatory text and secondary material accompanied by well-written notes. In addition to an experienced author team and well-edited cases, the book covers relevant statutes and court rules. New to the Fourth Edition: Updates regarding cutting-edge developments in case law, statutory materials, and academic commentary about due process, the right to counsel, searches and seizures, and the privilege against compelled self-incrimination An important reordering of certain areas of Fourth Amendment law and related materials to make them even more user-friendly Insightful examination of the turmoil in modern Fourth Amendment law as the Supreme Court, notably splintered over methods of constitutional interpretation, faces the implications of rapidly changing technology Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with an outstanding author team Sound grounding of the law in criminal process and the right to counsel Thorough coverage of Boyd v. U.S., The Fourth Amendment, The Fifth Amendment, and the process of investigating complex crimes Thematic organization of the cases and text that make the book both manageable and accessible The latest and most highly respected developments in legal scholarship that help both professors and students alike stay up-to-date in the field of criminal procedure law

A collection of Carpentier's lectures, which explore the practical and ethical factors underling the benefit of having council available on civil and criminal cases. Focuses on these five situations of concern: a fair trial for a hated defendant, legal aid for the poor, bringing legal services to the middle class, employment of professionals by the clients' lawyers, and a need for public representation.