NCJ Number
46604
Date Published
1977
Length
528 pages
Annotation
PROBLEMS OF WORKING WITH INFORMERS, CIVIL ACTIONS RELATED TO CRIMINAL TRIALS, PROBLEMS WITH EYEWITNESS IDENTIFICATIONS, AND CURRENT LAW REGARDING ELECTRONIC SURVEILLANCE ARE AMONG TOPICS COVERED IN THESE PAPERS.
Abstract
THIS COLLECTION OF SEMINAR PAPERS IS FROM A SERIES OF WORKSHOPS FOR PRACTICING ATTORNEYS HELD BETWEEN OCTOBER AND DECEMBER, 1977. PROBLEMS RELATED TO HANDLING THE INFORMER, INCLUDING PRESENTATION TO THE JURY, ARE DISCUSSED. ACTUAL TRIAL TRANSCRIPTS ARE USED TO ILLUSTRATE POINTS, AND SAMPLE WARRANTS BASED ON INFORMATION RECEIVED FROM AN INFORMANT, INCLUDING THE SWORN AFFIDAVIT USED TO SUPPORT THE ARREST WARRANT, ARE GIVEN. LEGAL AND PRACTICAL PROBLEMS ASSOCIATED WITH EYEWITNESS IDENTIFICATIONS ARE EXPLORED; LEGAL CASES DEALING WITH CHALLENGED IDENTIFICATIONS ARE CITED. IN A SESSION ON THE USE OF CIVIL LITIGATION AS AN AID TO THE PROSECUTION OR DEFENSE OF A PENDING OR POSSIBLE FUTURE CRIMINAL CASE, EFFECTIVE ASSERTION OF CLIENTS' FIFTH AMENDMENT PRIVILEGES IS EXAMINED, WITH DEMONSTRATIONS FROM AN ACTUAL CASE. CURRENT STATE AND FEDERAL LAWS AS OF THE TIME OF WRITING RELATIVE TO WIRETAPPING AND OTHER FORMS OF ELECTRONIC SURVEILANCE ARE REVIEWED, THE DEPUTY CHIEF OF THE DEPARTMENT OF JUSTICE'S SPECIAL LITIGATION SECTION PRESENTS THE LEGAL RAMIFICATIONS OF CONSENSUAL MONITORING. A SERIES OF PAPERS ON ETHICS FROM THE POINTS OF VIEW OF PROSECUTORS AND DEFENSE ATTORNEYS IS PRESENTED. THE HISTORY OF GRAND JURIES, PROBLEMS ASSOCIATED WITH GRAND JURY INVESTIGATIONS, AND PENDING LEGISLATION ARE DISCUSSED IN ANOTHER SERIES OF PAPERS. JUDICIAL DECISIONS ARE CITED WHICH COVER THE RIGHT TO CONSULT WITH COUNSEL AFTER EACH QUESTION. THE DUTY TO PLACE EXCULPATORY EVIDENCE BEFORE THE GRAND JURY, THE PROBLEM OF HEARSAY, AND THE IMPLICATIONS OF THE MIRANDA DECISION IN A GRAND JURY CONTEXT. (GLR)