ABA releases guide to understanding prosecutorial discretion
Just published by the American Bar Association, “Can They Do That? Understanding Prosecutorial Discretion” fully examines the nearly absolute and unreviewable power of government prosecutors to choose whether or not to bring criminal charges, and what charges to bring, in cases where the evidence would justify charges.
Author Melba Pearson helps the reader understand how these decisions are made and discusses how much discretion does and should a prosecutor have? Pearson brings together diverse perspectives to consider those questions in the voices of prosecutors, judges, public defenders, theorists and advocates for reform. Rather than taking a purely critical approach, “Can They Do That?” brings much needed nuance to the complex issue of prosecutorial discretion. It will be a valuable resource for criminal law practitioners, law students, prosecutors’ offices and anyone interested in the topic — lawyers as well as the general voting public.
Aspects of prosecutorial discretion explored in this volume include:
• Theory and historical context
• Checks on prosecutorial power
• Positive and negative impacts, with examples
• Insights into prosecutors’ decision-making processes
• Comparative international perspective
Pearson is a former homicide prosecutor in Miami, Florida. She is past president of the National Black Prosecutors Association (NBPA) and past president of the Gwen S. Cherry Black Women Lawyers Association in South Florida. She is co-chair of the Prosecution Function Committee of the Criminal Justice Section of the American Bar Association.
ABA releases updated guide to pre-trial criminal procedure for police, prosecutors and defenders
Just published by the American Bar Association, “Street Legal: A Guide to Pre-trial Criminal Procedure for Police, Prosecutors, and Defenders, Second Edition” is a must-read for police investigators, defense attorneys and prosecutors and any lawyer who needs a quick reference and reliable answer to a pre-trial criminal procedure question.
Author Ken Wallentine, a former prosecutor, investigator and police chief, explains criminal procedure basics and nuances using practical, straightforward language. He explains in understandable terms “what you can do and what you can’t do” under 4th Amendment search and seizure law. From traffic checkpoints and forceful felony arrest, from Miranda warnings to inmate and cell searches, in addition to search warrants, electronic surveillance and use of canine search and seizure, it’s all covered in this concise reference. Citations are included so that readers may find and read entire cases for more information.
This practical guidebook also features:
• A Quick Checklist for Search Warrant Affidávit
• Homicide and Violent Assault First Responders Checklist
• In-Custody Death Checklist
• Affiant Training and Experience Resumé Guide
• Flow charts guiding analysis of searches and interrogations
Wallentine is the chief of police in West Jordan, Utah, and is the former chief of law enforcement for the Utah attorney general. He also serves as a use-of-force consultant and expert witness in state and federal criminal and civil litigation in many courts across the nation.
New ABA book a how-to on succession planning for family-owned businesses
The American Bar Association Business Law Section has published a new book, “The Lawyer’s Guide to Family Business Succession Planning: A Step-by-Step Approach for Lawyers, Business Owners, and Advisors,” that guides family business owners through the process of producing an effective family business succession plan tailored to the unique circumstances and objectives of the owners and their successors.
From initial meeting through completion, this resource offers expert guidance and practical tips to help meet the clients' needs. Comprehensive and logical, each section in the book provides substantive guidance, insights and resources to help lawyers properly advise business owners, design the structures, and draft the documents to produce an effective, appropriate and thorough succession plan.
Topics covered include:
• The lawyer’s role and duties in representing the business and the owners, including potential conflicts of interest
• Ethical rules governing the family business lawyer
• Planning for the sudden loss of a family business leader
• Business restructuring to create better flexibility and economic efficiency
• Governance mechanisms tailored to the composition of successor ownership
• Key contracts with related and third parties
• Financial resources and security for senior owners in retirement
• Trusts and trust fiduciaries in family business ownership
“The Lawyer’s Guide to Family Business Succession Planning” was written by Gregory Monday, a shareholder with the law firm of Reinhart Boerner Van Deuren S.C., in Madison, Wisconsin. His practice focuses on helping family businesses with ownership, governance and succession. Visit his blog, Monday’s Family Business Law.
