Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyer
By (Author) Neal Stephens
By (author) Amanda Stephens James
American Bar Association
American Bar Association
29th January 2025
United States
General
Non Fiction
Legal ethics and professional conduct
Criminal procedure
Criminal law: procedure and offences
345.7301262
Paperback
256
Width 152mm, Height 228mm
Told through the eyes of a former federal prosecutor who ran the busiest trial unit in any United States Attorney's Office, this book arms criminal defense attorneys with the tools needed to fight back against prosecutors who abuse their immense power. The authors explain how to uncover and attack prosecutorial misconduct in every aspect of a criminal prosecution. Each chapter includes favorable case law from the federal circuits to provide criminal defense attorneys with an immediate launching point for motions that will help them win their cases.
"Neal and Amanda Stephens have created a brilliant tool to help trial practitioners find, identify, and stop misconduct from occurring at all stages of a criminal prosecution. Well-organized chronologically as a criminal investigation would develop, the book includes types of prosecutorial misconduct and step-by-step strategies to challenge them, with clear, concise potential arguments, citations to relevant cases, governing standards and guidelines, and checklists. This book is certain to be a well-thumbed addition to the resources of all criminal defense attorneys!" --Linda Starr, Clinical Professor of Law and Co-founder of the Northern California Innocence Project at Santa Clara University School of Law
"Neal Stephens has seen it all in his 30 years litigating
high-stakes criminal cases as a federal prosecutor and criminal defense lawyer,
including opposing every aspect of prosecutorial misconduct in courts
throughout the country. Working with his co-author Amanda, this father/daughter
team has authored the first comprehensive analysis of the issues that criminal
defense lawyers confront when opposing overzealous prosecutors. The book
contains detailed summaries of helpful case law from the federal circuits and thoughtful
checklists that will help you develop winning strategies for your clients. A must-read
for any criminal defense attorney who is searching for creative ways to win hard
cases." --Guy Lewis, Former Director of the Executive Office of United States
Attorneys and Former United States Attorney for the Southern District of
Florida
Neal Stephens, a graduate of Stanford University and Harvard Law School, began his career as a judicial law clerk to the Honorable Alicemarie H. Stotler in United States District Court in the Central District of California. Neal later served as Chief of Narcotics in the United States Attorney's Office in Miami. As a federal prosecutor, Neal received national awards from the Attorney General, FBI Director, and DEA Administrator for leading international roving wiretap investigations that resulted in the extradition and conviction of Colombian cocaine cartel leaders. Neal has spent the past 25 years as a criminal defense attorney representing clients in complex white-collar prosecutions and has litigated every possible aspect of prosecutorial misconduct in federal courts throughout the United States. Neal is a partner at Jones Day in Palo Alto, California. Amanda Stephens James, a graduate of Northwestern University and the University of Michigan Law School, served as a judicial law clerk to the Honorable Sarah L. Ellis in United States District Court in the Northern District of Illinois. Amanda has also worked for the Northern California Innocence Project and externed at the Public Defender's Office in New Orleans and the Federal Defender's Offices in Chicago and Detroit. Amanda is a litigation associate at Winston & Strawn LLP in Chicago, Illinois.