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Criminal Procedure and Sentencing Overview.
This site by the Iowa Judicial Branch describes a case from pretrial proceedings to sentencing.
Annual Report and Recommendations 2003-2004.
(2004).
The Commission on Racial and Ethnic Disparity in the Criminal Justice System compiled research and made recommendations addressing racial and ethnic disparity in Connecticut's criminal-justice and juvenile-justice systems.
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"Federal Statutes Imposing Collateral Consequences upon Conviction."
The United Sates Department of Justice.
This article describes the possible collateral consequences caused by a criminal conviction, including impact on the right to vote, the ability to hold public office, immigration issues, firearm ownership, licensing issues, and federal benefits. The article also addresses the restoration of civil rights and the removal of legal disabilities under federal law.
Love, Margaret Colgate.
Relief from the Collateral Consequences of a Criminal Conviction: A State-by-State Guide.
The Sentencing Project. (August 2007).
This comprehensive survey describes the laws and practices for all states that impose collateral disabilities and penalties as a result of a criminal conviction and the statutes and processes available for restoration of rights.
Abbreviated Chart for Criminal Defense Practitioners of the Immigration Consequences of Criminal Convictions under Maryland State Law.
(November 2006).
This chart reflects the opinion of the Maryland Office of the Public Defender as to the collateral effect that a conviction under Maryland law would have on a defendant's immigration status.
Working Paper on the Immigration Consequences of Guilty Pleas or Convictions in New York Courts.
(May 2005).
This report from the New York State Judicial Institute discusses the immigration consequences, which are often unknown to noncitizen defendants, of a guilty plea or conviction to even a minor offense.
Johnson, Robert M. A.
Collateral Consequences.
The National District Attorneys Association (May 2001).
Robert M. A. Johnson is the former president of the National Association of District Attorneys and addresses the issue of collateral consequences in the prosecutorial decision-making process.
State v. Malcolm.
778 A.2d 134 (Conn.) (2001).
Footnote 6 lists the 13 states that require criminal defendants to be informed that pleas of guilty or nolo contendere may subject them to deportation, exclusion from admission to the United States, or denial of naturalization.
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Expanded Discovery in Criminal Cases.
The Justice Project (2007).
In this report the Justice Project offers recommendations and solutions for expanding discovery law. It includes information on discovery procedures, statutes, court rules, case studies, states that have enacted expanded discovery legislation, voices of support, and a model policy.
Discovery in New York Criminal Courts: Survey Report and Recommendations.
(March 2006).
In the spring of 2005 a subcommittee of the Criminal Courts Task Force designed a comprehensive survey to distribute to an array of professionals engaged in the discovery processes of misdemeanor cases in the Criminal Court of the City of New York. This report explains the results of the survey.
Bibas, Stephanos.
"The Story of Brady v. Maryland: From Adversarial Gameship Toward the Search for Innocence?."
The University of Pennsylvania Law School (2005).
This book chapter explains the story behind Brady v. Maryland and its broader significance in the field of criminal procedure. Brady is unusual among the great landmark criminal-procedure decisions of the Warren Court. Brady requires prosecutors to give criminal defendants evidence that tends to negate their guilt or reduce their punishment.
Joseph, Jannice E.
"The New Russian Roulette: Brady Revisited."
Capitol Defense Journal (Fall 2004).
This paper argues that prosecutorial suppression of exculpatory material in the criminal-justice system undermines the fair administration of justice and the reliability of the results produced by criminal trials.
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Chudnow, Jefferey.
Exclusionary Rule: Viability in 1997.
Florida State Courts (1997).
This study by a law-enforcement officer both describes the exclusionary rule and advocates that it is essential for a free society.
Hendrie, Edward M., J.D.
"The Inevitable Discovery Exception to the Exclusionary Rule."
Federal Bureau of Investigation (1997).
This article summarizes the exclusionary rule and describes the "inevitable discovery exception" to the rule.
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Indictment.
The United States Attoney`s Office, Western District of Virginia, provides an explanation of approval process of an indictment and the nature of an indictment.
United States v. Joffe.
(2005).
This document is an actual indictment from the United States Attorney`s Office, Northern District District of Illinios, and an example of the form and language in a typical indictment. This particular indictment alleges various violations of federal law, including a violation of the Convention on International Trade in Endangered Species of Flora and Fauna, also known as CITES.
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Wright, Ronald F.
"Trial Distortion and the End of Innocence in Federal Criminal Justice."
(2005).
This article discusses the pressures experienced by federal defendants to plead guilty and the resulting reduction of jury trials.
Interview of Judge Michael McSpadden.
(December 2003).
In this interview, Judge Michael McSpadden talks about the plea bargain's vital role in the criminal-justice system and how the plea process works in his courtroom.
Baker, Scott, and Claudio Mezzetti.
"Prosecutorial Resources, Plea Bargaining and the Decision to Go to Trial."
(February 2000).
This paper examines the strategic interaction between the prosecutor and the defendant during the plea-bargaining process.
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"Pretrial Diversion and the Law: A Sampling of Four Decades of Appellate Court Rulings."
(2006).
This study desribes the legal issues that surround pretrial diversion by surveying appellate cases from accross the country.
Criminal Justice/Mental Heath Consenus Project.
(June 2002).
Chapters 9 and 10 of this report address recomendations for helping people with mental illness to comply successfully with the terms and conditions of a pretrial diversion program.
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ABA Standards for Criminal Justice, Pretrial Release, 3rd ed.
(March 2007).
This report defines a comprehensive set of standards for making decisions about pretrial release that provide defendants with due process and society with reasonable safeguards.
Cohen, Thomas H., and Brian A. Reaves.
Felony Defendants in Large Urban Counties, 2002.
Washington, DC: Bureau of Justice Statistics (February 2006).
Report includes statistics on frequency and type of pretrial release and bail amounts.
Phillips, Mary T.
"Release and Bail Decisions in New York City."
CJA Research Brief, no. 6: 1 (August 2004).
This report analyzes the factors that go into the decision of whether to set bond and the amount of bond in courts in New York City.
Bail Services in Connecticut.
Connecticut Judicial Branch (December 2003).
This is a digest from the "Legislative Program Review and Investigative Committee" of information about bail services in Connecticut.
Pretrial Release Services Standards.
Albany: State of New York Executive Department, Division of Probation and Correctional Alternatives (2003).
The standards purport to "provide guidance and promote uniformity in the management of defendants, consistent with law and sound professional practice." The standards cover statutory authority of courts to release defendants on recognizance, regulatory authority of the state director of probation over correctional alternative programs, program objectives, procedural standards, confidentiality, and administrative standards.
Compendium of State Laws on Bail and Bounty Hunters.
Washington, DC: American Bail Coalition (2001).
This Web site is a 50-state survey of the laws and licensing requirements applicable to bail bondsmen and bounty hunters.
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Pretrial Justice Institute.
This nonprofit organization's mission is "to improve the quality, fairness, and efficiency of the criminal justice system at the pretrial stage by promoting systematic strategies that improve court appearance rates, reduce recidivism, provide appropriate and effective services, and enhance community safety." Their Web site contains a significant amount of information related to institutional mission.
Mahoney, Barry.
Pretrial Services Programs: Responsibilities and Potential.
Washington, DC: U.S. Dept. of Justice, Office of Justice Programs, National Institute of Justice (2001).
The report discusses the dual function of pretrial services--to provide for pretrial supervision of defendants and to provide judicial officers information to make decisions about pretrial release.
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"Fourth Amendment: Search and Seizure."
This article is a detailed discussion of the application of the Fourth Amendment to the U.S. Constitution.
"The Fourth Amendment: Search and Seizure Law."
Minnesota House of Representatives (October 2002).
This article provides an explanation of what Fourth Amendment protections are afforded to the people, what conduct violates these protections, what is required to obtain a search warrant, and what the exceptions are to the search-warrant requirement.
The Bill of Rights.
(March 1789).
The law of search and seizure is based on the Fourth Amendment, which is contained in the Constitution's Bill of Rights, enacted in 1789.
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