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Criminal Litigation & Procedure

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February 7, 2019
P. Read Montague

In this module, Dr. Read Montague, an American neuroscientist, popular science author, and professor at Virginia Tech Carilion Research Institute, describes how researchers are studying structure and connectivity in the human brain, what the data may tell us about criminal responsibility, and the impact that this research may have on the courts. He addresses the following questions:

February 7, 2019
Robert Kinscherff

This module introduces the neuroscientific evidence underpinning the differences between adolescent and adult brains and how this may inform legal decision-making. Dr. Robert Kinscherff, associate professor in the doctoral program in clinical psychology and associate vice president for community engagement at William James College, talks about ways to gain a better understanding of how the brains of young adults differ from those of children and adults and how this affects young adult behavior.

April 26, 2018

This package of materials was transmitted to Congress on April 26, 2018, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

Amendments to the Federal Rules of Practice and Procedure are as follows:

January 5, 2018
Jake Kobrick, Daniel S. Holt

The concluding volume of the series covers debates concerning structural changes to the federal courts, including the creation of the U.S. magistrate and U.S. bankruptcy judge positions, and alterations to the federal appellate system, including the division of the Fifth Circuit, the creation of the Federal Circuit, and proposals for a national court of appeals. A section on criminal justice reform recounts debates over access to counsel for indigent defendants, detention before trial, habeas corpus, and the creation of the U.S. Sentencing Commission.

December 5, 2017

This package of materials was transmitted to the U.S. Supreme Court on October 4, 2017, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2018.

Downloadable file:
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October 19, 2017

The Eighth Amendment to the U.S. Constitution prohibits the government from requiring a criminal defendant to pay "excessive bail" in order to get out of jail before trial. Nevertheless, nearly half a million people across the country are in pretrial detention. The collateral consequences of detention can affect a defendant's employment status, housing situation, and mental health, among other facets of his or her life.

October 19, 2017

The Eighth Amendment to the U.S. Constitution prohibits the government from requiring a criminal defendant to pay "excessive bail" in order to get out of jail before trial. Nevertheless, nearly half a million people across the country are in pretrial detention.

July 19, 2017

Some of the nation's top legal scholars discuss the U.S. Supreme Court's 2016–2017 term and analyze the decisions that are most likely to affect the work of federal judges. Among the decisions discussed will be those involving the First, Fourth, and Fifth Amendments as well as criminal law and procedure, patent law, and the federal courts.

June 28, 2017
Jayme J. Herschkopf

This pocket guide is designed to offer judges an introduction to the law and practice of securities litigation. It provides an overview of the types of legal and practical issues judges may confront in litigation arising under the securities laws, and, where possible, offers suggestions. This guide also identifies the areas of securities law most prone to circuit splits or frequent change, so that judges know where to be particularly vigilant about looking at up-to-date case law and legislation.

Downloadable file:
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April 13, 2017

Holistic defense is also called community-oriented defense, therapeutic defense, or holistic advocacy. Whatever the name, its purpose is to solve underlying social and environmental problems that may have contributed to an individual's involvement in crime. It does this by emphasizing teamwork, partnerships with other criminal justice stakeholders, and identification and mitigation of collateral consequences. By doing this, defense attorneys hope to improve public safety by helping clients avoid involvement in the criminal justice system and reducing recidivism.

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