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Thousands of innocent people are behind bars in the United States.
But proving their innocence and winning their release is nearly
impossible. In Barred, legal scholar Daniel S. Medwed argues that
our justice system's stringent procedural rules are largely to
blame for the ongoing punishment of the innocent. Those rules
guarantee criminal defendants just one opportunity to appeal their
convictions directly to a higher court. Afterward, the wrongfully
convicted can pursue only a few narrow remedies. Even when there is
strong evidence of a miscarriage of justice, rigid guidelines,
bias, and deference toward lower courts all too often prevent
exoneration. Offering clear explanations of legal procedures
alongside heart-wrenching stories of their devastating impact,
Barred exposes how the system is stacked against the innocent and
makes a powerful call for change.
American prosecutors are asked to play two roles within the
criminal justice system: they are supposed to be ministers of
justice whose only goals are to ensure fair trials-and they are
also advocates of the government whose success rates are measured
by how many convictions they get. Because of this second role,
sometimes prosecutors suppress evidence in order to establish a
defendant's guilt and safeguard that conviction over time. In
Prosecution Complex, Daniel S. Medwed shows how prosecutors are
told to lock up criminals and protect the rights of defendants.
This double role creates an institutional "prosecution complex"
that animates how district attorneys' offices treat potentially
innocent defendants at all stages of the process-and that can cause
prosecutors to aid in the conviction of the innocent. Ultimately,
Prosecution Complex shows how, while most prosecutors aim to do
justice, only some hit that target consistently.
This abridged edition uses the organization and methods that health
law teachers and students have found so helpful over the last eight
editions of the casebook. This book is designed specifically for
survey courses in health law that aim at introducing students to
the full range of health law issues in a single survey course. As
with the full casebook, this abridged version includes chapters
covering health care quality, access, equity, organization,
finance, and bioethics, but some sections and chapters of the full
casebook are deleted and note material is less comprehensive. This
abridged version is well suited for health law courses taught in
law schools with a single health law course and for courses taught
in health administration, public health, and medical and other
health professions programs. The book offers new cases, statutory
materials, and classroom-tested problems, along with succinct and
sharpened notes, comments, charts, and other teaching materials. It
is fully up-to-date as of mid-2021, including the many issues
raised by the COVID-19 pandemic.
CasebookPlus Hardbound - New, hardbound print book includes
lifetime digital access to an eBook, with the ability to highlight
and take notes, and 12-month access to a digital Learning Library
that includes self-assessment quizzes tied to this book, leading
study aids, an outline starter, and Gilbert Law Dictionary.
This softcover book contains a complete, unchanged reprint of
Chapters 1-10 and Chapter 14 of Dressler, Thomas, and Medwed's
Criminal Procedure: Principles, Policies, and Perspectives, Seventh
Edition. Please see that description for more about the style and
approach of the book.
This 2019 Supplement may be used with any casebook or other
materials used in an Evidence course. It was prepared to accompany
Weinstein, Abrams, Brewer, and Medwed's Evidence, 10th Edition. It
contains the latest versions of the Federal Rules of Evidence and
the California Evidence Code, with comments, notes and
commentaries.
For two decades, Criminal Procedure: Principles, Policies, and
Perspectives (and its softcover versions, Criminal Procedure:
Investigating Crime and Criminal Procedure: Prosecuting Crime),
written by Joshua Dressler, George C. Thomas III and now also
Daniel S. Medwed, has sought to inspire students to analyze and
critique constitutional and non-constitutional criminal procedure
doctrine. The book features careful case selection and editing that
includes dissenting and concurring opinions when useful in
understanding the law. The Notes and Questions are uniformly
thoughtful and sometimes even humorous. The Seventh Edition
includes most of the cases and material that users have told us
were successful in the past. The book continues to include "in the
trenches" material that gives students an idea of what life is like
inside the squad car, the interrogation room, and the courtroom. We
have added new material: A new section, "America the Violent,"
which includes material about the role that violence has always
played in our country By popular demand, the return of an "old
faithful" case, Warden v. Hayden (on the exigency exception to the
warrant "requirement") Carpenter v. United States, the critically
important case on police access to historical cell phone records, a
case which calls into question some prior "search" cases New Notes
on other Fourth Amendment decisions since the prior edition on such
matters as warrantless blood tests on unconscious motorists,
warrantless searches of cars found in the curtilages of a home, and
a case holding that a driver who is not the renter of a rental car
may have standing to challenge a police search even though the
renter was not in the vehicle A new section on Miranda waivers and
their consequences In the Pretrial Release chapter, we have
augmented the Notes to include important state-level developments
in bail reform In the Case Screening chapter, we added new Notes to
address recent changes in charging practices, including discussion
of a growing movement by progressive county prosecutors to decline
to charge certain categories of crimes, a trend that raises a
number of questions about discretion, separation of powers, and
intra-state disparities Discussion of how "big data" may have an
impact on jury selection In the Trial chapter, new material on jury
nullification and recent Supreme Court post-Batson cases Updated
material throughout the book on the effects of racial and gender
discrimination on the justice system
For more than two decades, Criminal Procedure: Principles,
Policies, and Perspectives (and its softcover versions, Criminal
Procedure: Investigating Crime and Criminal Procedure: Prosecuting
Crime), written by Joshua Dressler, George C. Thomas III and, in
the past two editions, Daniel S. Medwed, has sought to inspire
students to analyze and critique constitutional and
non-constitutional criminal procedure doctrine. The book features
careful case selection and editing that includes dissenting and
concurring opinions when useful in understanding and critiquing the
law. The Notes and Questions are uniformly thoughtful and sometimes
even intentionally (and, the authors hope, not unintentionally)
humorous. The Eighth Edition includes most of the cases and
material that users have told us were successful in the past. The
book continues to include "in the trenches" material that gives
students an idea of what life is like inside the squad car, the
interrogation room, and the courtroom. Among the changes and
additions to the new edition: More materials throughout the
casebook on racism in the criminal justice system, police use of
excessive force, and gender discrimination. A new chapter section
dealing exclusively with civil remedies for Fourth Amendment
violations. New Notes on other Fourth Amendment decisions since the
prior edition, as well as new Problems based on recent state and
lower federal court opinions. Some reorganization of the
interrogation materials, including a return of the old chestnut
case, Escobedo v. Illinois, as a more effective bridge to Miranda
v. Arizona. Updated Notes on empirical research on eyewitness
identification procedures. In the Case Screening chapter, new Notes
address recent changes in charging practices, including discussion
of the movement by some prosecutors to decline to charge certain
categories of crimes. In the Role of Defense Counsel chapter, Scott
v. Illinois is removed as a principal case and moved into the Notes
for greater clarity, and there is fascinating new information
regarding David Washington (of Strickland v. Washington). In the
Trial chapter, the addition of Ramos v. Louisiana, which overrules
prior case law and presents thoughtful discussion of the role of
stare decisis.
This softcover book contains a complete, unchanged reprint of
Chapters 1-10 and Chapter 14 of Dressler, Thomas, and Medwed's
Criminal Procedure: Principles, Policies and Perspectives, Eighth
Edition. Please see that description for more about the style and
approach of the book.
This softcover book contains a complete, unchanged reprint of
Chapter 1 and Chapters 11-19 of Dressler, Thomas, and Medwed's
Criminal Procedure: Principles, Policies, and Perspectives, Eighth
Edition. Please see that description for more about the style and
approach of this book. The pagination is the same in this softcover
book as it is in the hardcover version.
American prosecutors are asked to play two roles within the
criminal justice system: they are supposed to be ministers of
justice whose only goals are to ensure fair trials-and they are
also advocates of the government whose success rates are measured
by how many convictions they get. Because of this second role,
sometimes prosecutors suppress evidence in order to establish a
defendant's guilt and safeguard that conviction over time. In
Prosecution Complex, Daniel S. Medwed shows how prosecutors are
told to lock up criminals and protect the rights of defendants.
This double role creates an institutional "prosecution complex"
that animates how district attorneys' offices treat potentially
innocent defendants at all stages of the process-and that can cause
prosecutors to aid in the conviction of the innocent. Ultimately,
Prosecution Complex shows how, while most prosecutors aim to do
justice, only some hit that target consistently.
This 2021 Supplement may be used with any casebook or other
materials used in an Evidence course. It was prepared to accompany
Weinstein, Abrams, Brewer, and Medwed's Evidence, 10th Edition. It
contains the latest versions of the Federal Rules of Evidence and
the California Evidence Code, with comments, notes and
commentaries.
This softcover book contains a complete, unchanged reprint of
Chapter 1 and Chapters 11-19 of Dressler, Thomas, and Medwed's
Criminal Procedure: Principles, Policies, and Perspectives, Seventh
Edition. Please see that description for more about the style and
approach of this book. The pagination is the same in this softcover
book as it is in the hardcover version. CasebookPlus Softbound -
New, softbound print book includes lifetime digital access to an
eBook, with the ability to highlight and take notes, and 12-month
access to a digital Learning Library that includes self-assessment
quizzes tied to this book, leading study aids, an outline starter,
and Gilbert Law Dictionary.
CasebookPlus Softbound - New, softbound print book includes
lifetime digital access to an eBook, with the ability to highlight
and take notes, and 12-month access to a digital Learning Library
that includes self-assessment quizzes tied to this book, leading
study aids, an outline starter, and Gilbert Law Dictionary.
This softcover book contains a complete, unchanged reprint of
Chapter 1 and Chapters 11-19 of Dressler, Thomas, and Medwed's
Criminal Procedure: Principles, Policies, and Perspectives, Seventh
Edition. Please see that description for more about the style and
approach of this book. The pagination is the same in this softcover
book as it is in the hardcover version.
For centuries, most people believed the criminal justice system
worked - that only guilty defendants were convicted. DNA technology
shattered that belief. DNA has now freed more than three hundred
innocent prisoners in the United States. This book examines the
lessons learned from twenty-five years of DNA exonerations and
identifies lingering challenges. By studying the dataset of DNA
exonerations, we know that precise factors lead to wrongful
convictions. These include eyewitness misidentifications, false
confessions, dishonest informants, poor defense lawyering, weak
forensic evidence, and prosecutorial misconduct. In Part I,
scholars discuss the efforts of the Innocence Movement over the
past quarter century to expose the phenomenon of wrongful
convictions and to implement lasting reforms. In Part II, another
set of researchers looks ahead and evaluates what still needs to be
done to realize the ideal of a more accurate system.
This book enables teaching of the rules of evidence, with an
in-depth understanding achieved by no other casebook. The authors
extensively cover rationales for the rules and how they fit into
our system of resolving civil disputes as well as handling criminal
justice issues in both jury and non-jury contexts. Many books focus
on teaching the rules only in a trial practice mode. In this era of
fewer trials, the book's philosophic underpinning is that the best
way to teach Evidence is to provide students with a full and
in-depth understanding of each rule so as to prepare them to deal
with any possible variation on the issues that can arise at the
stages of fact-gathering and investigation, or deposition and
discovery, or at the stages of trial, or on appeal. The new
edition, while as comprehensive and rich in analysis and supporting
materials as previous editions, also contains new explanatory
material designed to further students' understanding of the issues.
This edition blends the new with the old, representing the latest
installment of a casebook with a lineage that dates back to the
nineteenth century. The tenth edition retains much of the
historical evolution of evidence law from its common law origins
through the emergence of the Federal Rules of Evidence and
analogous state approaches. In addition, this comprehensive
casebook covers new developments in scientific evidence, and
applies new insights from fields such as logic and probability.
For centuries, most people believed the criminal justice system
worked - that only guilty defendants were convicted. DNA technology
shattered that belief. DNA has now freed more than three hundred
innocent prisoners in the United States. This book examines the
lessons learned from twenty-five years of DNA exonerations and
identifies lingering challenges. By studying the dataset of DNA
exonerations, we know that precise factors lead to wrongful
convictions. These include eyewitness misidentifications, false
confessions, dishonest informants, poor defense lawyering, weak
forensic evidence, and prosecutorial misconduct. In Part I,
scholars discuss the efforts of the Innocence Movement over the
past quarter century to expose the phenomenon of wrongful
convictions and to implement lasting reforms. In Part II, another
set of researchers looks ahead and evaluates what still needs to be
done to realize the ideal of a more accurate system.
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