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Criminal Law: Defending the Accused

NCJ Number
136629
Journal
Trial Volume: 28 Issue: 4 Dated: special issue (April 1992) Pages: complete issue
Date Published
1992
Length
116 pages
Annotation
This special issue contains articles dealing with some of the considerations faced by the defense lawyer representing a client from criminal charges. The defense lawyer's primary responsibility is to protect the constitutional rights of the accused person.
Abstract
The first article calls for reform of the criminal justice system by placing less emphasis on incarceration and more on efforts to attack the roots of crime through education, drug treatment programs, job training, and alternative sanctions. Defense lawyers can take several aggressive steps to protect their clients' interests. These include dealing with excessive media attention, taking an active role in investigating the crime, and ensuring that the prosecution provides access to exculpatory testimony or physical evidence. Another article discusses the recent breakthroughs in DNA testing of hair, skin, and other bodily samples, but points out that the technique may not be as foolproof as some law enforcement groups claim. Two other topics covered here include the application of new corporate sentencing guidelines and the tolerance of some courts for prosecutorial misconduct. Chapter references