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Books

(NEW RELEASE) Trial Tactics, Second Edition

A compilation of high profile criminal cases, practice tips, legal analyses, and cautions that prepares defense counsel, prosecutors and judges to do outstanding work at trial and assists them in ensuring that justice is done each day in every court throughout the land. The text provides excellent statutory, case law and inside advice by George Washington University Professor of Law Stephen Saltzburg. The 54-chapter book is broken down in seven parts: Basic Principles; Examination of Witnesses; Lay and Expert Opinion; Hearsay, Confrontation and Compulsory Process; Character Evidence; Summaries and Exhibits, and; Opening and Closing Arguments. Includes additional chapters in this Second Edition. (June 2009, 506 pages)

NEW RELEASEThe Privilege of Silence: Fifth Amendment Protections Against Self-Incrimination

The United States Constitution provides that "no person shall be compelled in any criminal case to be a witness against himself." While this portion of the Fifth Amendment contains only fifteen words, its application can be deceptively complex. Using the Fifth Amendment right against self-incrimination is dependent on the factual setting in which the privilege is asserted, with the values served often balanced against the competing interests at stake. This book explains the contours of the Fifth Amendment privilege against self-incrimination in practice, providing a guide for both the civil litigator who may encounter it infrequently, as well as the criminal lawyer who seeks to advance his or her client's interests through the use of the Fifth Amendment. (May 2009, 200 pages)

The State of Criminal Justice 2009

Authors from across the criminal justice field provide essays on topics ranging from white collar crime to international law to juvenile justice. This annual publication examines and reports on the major issues, trends and significant changes in the criminal justice system. As one of the cornerstones of the Section's work, the publication serves as an invaluable resource for policy-makers, academics, and students of the criminal justice system alike. The 2009 volume contains 21 chapters focusing on specific aspects of the criminal justice field, with new addition of full text and reports of all of the adopted official ABA policies passed in 2008-2009 that address criminal justice issues.

Crime, Incorporated: Legal and Financial Implications of Corporate Misconduct

By Miriam Weismann

Today, whether prosecuting or defending, the approach to understanding organizational crime has become more difficult because of the increased multi-organizational character of corporate crime. This book provides a complete re-examination of how traditional legal rules and their application given how corporate crime has changed in the last decade.

Criminal Mental Health and Disability Law, Evidence and Testimony

By John W. Parry

This book examines two interrelated aspects of criminal law -- mental health and disability discrimination -- from the points of view of lawyers, judges and other professionals within the criminal justice system. It synthesizes the best and most recent information at the ABA on mental health and discrimination law that specifically pertains to criminal justice matters.

Do No Wrong: Ethics for Prosecutors and Defenders

By Peter A. Joy and Kevin C. McMunigal

This book is designed to help provide guidance for resolving ethical issues such as:
-How far may the prosecution or defense go in using religion in closing argument?
-Does the defense lawyer or the client decide whether to raise an insanity defense or to present mitigation evidence?
-Is the defendant entitled to Brady material prior to entering a plea bargain?
-When may the defense introduce evidence of an alternate perpetrator or SODDI (the "some other dude did it") defense? (Jan. 2009, 205 pages)

Another Bite at the Apple: A Guide to Section 2255 Motions for Federal Prisoners

This is the first book of its kind to focus on the special procedures and concerns that arise when a prisoner moves to Avacate, set aside, or correct a federal conviction or sentence under Section 2255. This book is especially important now as Section 2255 proceedings have become significantly more complex with the enactment of the Antiterrorism and Effective Death Penalty Act, and federal courts continue to struggle with the interpretation of the AEDPA's provisions. This book examines the various legal and practical questions that may be encountered in section 2255 proceedings, including those posed by the AEDPA. This book is an essential resource for anyone wanting an introductory education about section 2255, or experienced practitioner looking for an in-depth analysis. This important book is the perfect handbook for the in the litigation of noncapital section 2255 proceedings. (Dec. 2008, 327 pages)

Asset Forfeiture: Practice and Procedure in State and Federal Courts , 2nd Edition

This book is a "how to," practical guide to the common legal and practical issues faced by the asset forfeiture litigator. Written for both the criminal defense attorney and the criminal prosecutor, this book: Is the only single-volume work summarizing state and federal asset forfeiture procedures; Highlights key elements of all 50 states in easy-to-read summary charts; Provides strategies for law and motion and civil discovery practice relating to state and federal forfeiture actions; Contrasts state and federal forfeiture procedures, including a chart of the distribution formula for all 50 states; Is the only book that addresses ethical issues and discusses the state and federal ethical codes relating to asset forfeiture. (Aug. 2008, 325 pages)

Vouching: A Defense Attorney's Guide to Witness Credibility, Law and Strategy

This one-of-a-kind book supplies all you need to know about this sometimes misunderstood concept. In fifteen chapters you'll find the topic of vouching covered from every angle, backed up with relevant case citations whenever applicable. You'll discover when it's permissible, and when it's prohibited. You'll get a cleared picture of where the illusive grey areas lie, and learn to recognize when it's been crossed. If you are a trial lawyer, prosecution or defense, you need this book to help establish your expertise in the sometimes confusing area of vouching. (March 2008, 250 pages)

From the ABA Commission on Effective Criminal Sanctions

Second Chances in the Criminal Justice System: Alternatives to Incarceration and Recovery Strategies 

This compendium of the American Bar Association's Commission on Effective Criminal Sanctions and the Justice Kennedy Commission focuses on the fairness and proportionality of punishment and on ways in which criminal offenders may avoid or escape the permanent legal disabilities and stigma of a criminal record.

The Citizenship Flowchart

An easy-to-understand flowchart that provides ultimate answer as to citizenship status by taking user through the complex and sometimes conflicting steps and questions linked to a century of legislation and regulation. This laminated 4-color chart takes you through a process of determining citizenship through a series of yes or no questions. The end result will ultimately make a determination of an individual's citizenship in the United States. In addition, there are 32 pages of reference text allowing you to examine the basis for the individual questions in more detail if you wish.

Street Legal
This 396-page book provides specific guidance on pre-trial criminal procedure of all sorts, and explains in understandable terms "what you can do and what you can't do" under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, it's all covered in this concise reference. Search warrants, electronic surveillance, and use of canine search and seizure are also covered in great detail.

Leapholes by James Grippando
Leapholes is time travel with a legal twist, where law books and important legal precedents come to life. Though a work of fiction, all of the cases woven into the Leapholes storyline are actual and important cases from American legal history, including the the U.S. Supreme Court decision that slaves are property, not people, appears at Dred Scott v. Sandford (1857).

The Criminal Lawyer’s Guide to Immigration Law: Questions and Answers Second Edition, By Robert James McWhirter

Presented in a question and answer format, this concise guide focuses on the criminal lawyer’s most common questions about immigration law and representing noncitizens.

For additional book listing, see Books on Criminal Justice published by the ABA.

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