Neal Stephens, a partner in Jones Day's Investigations & White Collar Defense Practice, authored the recently published Prosecutorial Misconduct: A Practical Guide for Criminal Defense Lawyers (American Bar Association Criminal Justice Section, 2024). Mr. Stephens co-authored the book along with his daughter, Amanda Stephens James. The book outlines how to identify prosecutorial misconduct in every phase of a criminal case—pre-indictment, pre-trial discovery, and trial. The book includes detailed strategies for how to oppose prosecutorial misconduct and contains pro-defendant case law from all the federal circuits so criminal defense attorneys will have an immediate launching point to draft motions that can help their clients.
"Our goal was to offer the most comprehensive and up-to-date guidance on prosecutorial misconduct," said Mr. Stephens. "I wanted to equip criminal defense attorneys with multiple tools and strategies that would be easy to implement when prosecutors operate outside the lines."
Mr. Stephens is a trial lawyer with 30 years of experience focused on complex criminal matters, including representing senior executives in federal grand jury investigations and trial. He has successfully litigated over 70 cases through trial and appeal and has litigated every aspect of prosecutorial misconduct in jurisdictions throughout the United States. Prior to entering private practice, Mr. Stephens served as an Assistant United States Attorney in Miami where he led the busiest trial section in any United States Attorney's Office. He led prosecution teams on many high-profile cases, including the extradition of members of the Medellin Cartel and received national awards from the Attorney General, FBI Director, and DEA Administrator.
"This book is an invaluable resource not just for criminal defense lawyers, but for anyone interested in the proper functioning of our criminal justice system," said Ted Chung, Jones Day's Practice Leader for Investigations & White Collar Defense. "Fair play is fundamental to the administration of justice, and as a comprehensive and highly readable treatment of the subject, Prosecutorial Misconduct and its practical insights will no doubt have real, positive consequences in individual cases."
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