1. Introduction; 2. The Federal structure: sources of the law; 3. Investigation and evidence gathering: the participants; 4. Investigation and evidence gathering procedures; 5. Arrest and pretrial detention; 6. The decision to prosecute, or not; 7. Joinder of charges and defendants; 8. Venue; 9. Assistance of counsel; 10. Trial rights and preparation for trial; 11. Alternative outcomes; 12. Double jeopardy; 13. The trial; 14. Sentencing; 15. Appeals; 16. Corporate criminal responsibility; 17. Internal corporate investigations; 18. Professional responsibility; 19. Conclusion.
Provides a comprehensive, readable overview of how criminal justice actually works in the United States, and what makes US procedures distinctive and important.
Frederick T. Davis is a Lecturer in Law at Columbia Law School, New York, where he teaches courses on comparative criminal procedures and cross-border criminal investigations. He was a federal prosecutor in the United States Attorney's Office for the Southern District of New York, and served as law clerk to Henry J. Friendly, Chief Judge of the United States Court of Appeals for the Second Circuit, and Potter Stewart, Justice of the Supreme Court of the United States. He is a member of the bars of New York and Paris, is an elected fellow of the American College of Trial Lawyers and a life member of the American Law Institute, and was named a chevalier of the National Order of Merit of France. He lectures frequently at the Ecole Nationale de la Magistrature, Paris 2, and the Universiteit van Amsterdam, co-chairs the Business Crime Committee of the International Bar Association, and has served as a consultant to the prosecutors of the International Criminal Court and the International Criminal Tribunal for Rwanda.
'American Criminal Justice provides a comprehensive yet readable
insight into how the criminal process works in the United
States. It will be an important resource for lawyers and other
readers who wish to understand the distinctive features of the
American approach to criminal justice.' Lord Goldsmith QC, Former
Attorney General of the United Kingdom
'American Criminal Justice provides welcome clarity and
insight, for practitioners and laymen alike, into the
often-confusing American criminal justice system. This work will
benefit all who endeavor to understand the process by which we seek
justice.' Loretta Lynch, former Attorney General of the United
States
'Frederick Davis has written a concise, readable, and
comprehensive review of how criminal justice is practiced today in
the United States. It will be very useful for readers
unfamiliar with US procedures, as well as American
readers interested in the state of criminal justice today.' Michael
B. Mukasey, former Attorney General of the United States, and
former Federal Judge
'Non-American lawyers often struggle to interpret the landscape
of US criminal law. The
estimable Frederick Davis has produced a strategic guide
to that landscape that is pellucid, incisive, accessible, and most
valuable.' David Green QC, former Director, Serious Fraud Office of
the United Kingdom
'In an era of growing international and cross-border criminal
investigations and enforcement, Frederick Davis' lucid and
engaging new book should be every reader's starting
place for an introduction to the American system of criminal
justice.' Brandon Garrett, L. Neil Williams, Jr. Professor of Law,
Duke University, North Carolina, and author of Too Big to Jail
'American Criminal Justice offers a highly stimulating basis
for comparative legal discussions. Due to its clear language and
structure, it is valuable for students, practitioners, and scholars
alike.' Carsten Momsen, Head of Department of Criminal Law,
Criminal Procedural Law, and Corporate Criminal Law - Faculty of
Law, Freie Universität Berlin
'American Criminal Justice provides an
indispensable companion to foreign lawyers who do
business in the United States, as well as for
comparative academics: both audiences will learn how
criminal justice actually works in America.' Antoine
Garapon, Secretary General, Institut des Hautes Études sur la
Justice, Paris
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