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Preface | |
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Acknowledgments | |
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Criminal Procedures in Perspective | |
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Key Terms and Concepts | |
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Introduction | |
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A Brief History of Selected Procedures | |
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Role of the Sheriff | |
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Early Methods of Trial | |
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The Norman Conquest | |
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The State Becomes the Victim | |
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A Court Structure and Procedures Emerge | |
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Common Law | |
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The Doctrine of Precedent | |
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Defense Counsel | |
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The Magna Carta | |
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A Court Structure Is Completed | |
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The Bill of Rights-1791 | |
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Summary | |
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Issues for Discussion | |
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Internet References | |
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Case Decisions | |
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Fundamental Concepts of Law | |
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Key Terms and Concepts | |
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Introduction | |
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Types of Crimes | |
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Crime | |
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Elements of a Crime | |
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Degrees of Crime | |
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Enhancements | |
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Mala En Se Versus Mala Prohibita Crimes | |
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Types of Laws | |
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Substantive Law | |
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Procedural Law | |
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Statutory Law | |
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Case Law | |
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Procedural Versus Substantive Law | |
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The Social Contract | |
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The USA Patriot Act of 2001 | |
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Parties to a Crime | |
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Degrees of Proof | |
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Reasonable Suspicion | |
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Probable Cause | |
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Preponderance of Evidence | |
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Clear and Convincing Evidence | |
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Beyond a Reasonable Doubt | |
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Ex Post Facto and Retroactive Laws | |
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Jurisdiction and Venue | |
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Corpus Delicti | |
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Independent State Grounds | |
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Summary | |
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Issues for Discussions | |
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References | |
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Internet References | |
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The Exclusionary Rule | |
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Key Terms and Concepts | |
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Introduction | |
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The Exclusionary Rule | |
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Cases Leading to the Exclusionary Rule | |
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Weeks v. United States, 1914 | |
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Wolf v. Colorado, 1949 | |
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Mapp v. Ohio, 1961 | |
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Exceptions to the Rule | |
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The Inevitable Discovery Exception | |
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The Public Safety Exception | |
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The Good Faith Exception | |
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Summary | |
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Issues for Discussion | |
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References | |
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Internet References | |
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Case Decisions | |
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Police-Citizen Contacts: Consensual Encounters and Detentions | |
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Key Terms and Concepts | |
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Introduction | |
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Police-Citizen Transactions | |
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Consensual Encounter | |
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Consent Search | |
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Detention | |
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Detention Factors | |
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Consensual Encounter Versus Detention | |
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Consent Searches Revisited | |
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Investigative Car Stops | |
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Pretext Carstop Detentions | |
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Warrant Checks During Traffic Stops | |
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Probable Cause Searches During Traffic Stops | |
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Sobriety, Border, and Informational Checkpoints | |
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Racial Profiling | |
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Summary | |
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Issues for Discussion | |
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References | |
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Internet References | |
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Case Decisions | |
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The Laws and Procedures of Arrest | |
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Key Terms and Concepts | |
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Introduction | |
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The Arrest | |
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Peace Officer's Authority to Arrest | |
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Reasonable/Probable Cause | |
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Exceptions to the Requirement of PC in Misdemeanor Arrests | |
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Probable Cause Versus Reasonable Suspicion | |
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Arrests by Warrant | |
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Private Person Arrest | |
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In-Field Showup or Drive-by | |
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Requesting Help When Arresting | |
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Acceptance by Police of Private Person Arrest | |
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Informing the Person Arrested | |
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Effecting an Arrest with Force | |
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Abuse of Authority by a Peace Officer | |
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Entry for an Arrest: Knock-and-Notice Requirements | |
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Fresh Pursuit | |
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Resisting Arrest | |
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Interfering with an Officer | |
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Exceptions to Peace Officer Powers of Arrest | |
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Delivery of a Person after Arrest | |
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Release Procedures without a Charge after Arrest | |
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Summary | |
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Issues for Discussion | |
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Reference | |
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Internet References | |
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Case Decisions | |
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Miranda: Its Meaning and Application | |
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Key Terms and Concepts | |
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Introduction | |
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Forerunners to Miranda | |
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Prompt Arraignment Cases | |
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The On-the-Spot Counsel Case | |
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The Miranda Case | |
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Miranda v. Arizona, 1966 | |
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The Meaning of Miranda | |
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The Miranda Warning | |
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The Beheler Admonition | |
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More on Miranda | |
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When Miranda Is Not Required | |
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The Reaffirmation of Miranda | |
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Miranda in Juvenile Cases | |
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Miranda in Federal Juvenile Cases | |
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Summary | |
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Issues for Discussion | |
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References | |
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Internet References | |
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Case Decisions | |
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Booking and Jail Custody Procedures | |
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Key Terms and Concepts | |
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Introduction | |
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The Jail Population | |
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Custody | |
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Booking | |
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Validating the Legality of the Arrest | |
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Medical Prescreening of Arrested Persons | |
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Prisoners' Rights to Phone Calls | |
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Soliciting for Attorneys or Bail Bond People | |
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Required Visits for Inmates | |
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Cite-and-Release Program Procedures | |
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Classification | |
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Separation by Class and Gender | |
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Separation by Gang Affiliation | |
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Separation for Inmate Safety | |
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Detention Searches | |
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Patdown and Metal Detector Searches | |
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Strip and Body Cavity Searches | |
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Treatment of Prisoners by Peace Officers | |
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Weapons Control in Jails | |
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Summary | |
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Issues for Discussion | |
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References | |
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Internet References | |
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The Adversary System: Roles of the Prosecution and Defense | |
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Key Terms and Concepts | |
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Introduction | |
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The Prosecution of Criminal Cases | |
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The Prosecuting Attorney | |
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Enhancements | |
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Factors to Consider in Charging | |
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Traditional Versus Vertical Prosecution | |
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Counsel for the Defense | |
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Role of a Defense Attorney | |
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The Right to Counsel Cases | |
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Types of Defense Representation | |
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Private Counsel | |
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Public Defender | |
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Contract Counsel System | |
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Self-Representation | |
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The Conflict Attorney | |
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Pretrial Motions | |
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Motion for Discovery | |
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Present Sanity Motion | |
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Motion to Consolidate | |
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Motion for Severance | |
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The Kelly-Frye Motion | |
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The Pitchess Motion | |
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Change of Venue Motion | |
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Motion to Quash Inflammatory Evidence | |
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Motion to Compel Exemplars | |
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Summary | |
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Issues for Discussion | |
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References | |
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Case Decisions | |
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The Court Structure and Pretrial Procedures | |
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Key Terms and Concepts | |
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Introduction | |
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The Federal Courts | |
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The U.S. Supreme Court | |
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The U.S. Courts of Appeals | |
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The Federal Trial Courts | |
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The Structure of the State Courts | |
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The State Supreme Court | |
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The Courts of Appeals | |
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The Felony Trial Courts | |
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The Lower Trial Courts | |
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The Court Consolidation Model | |
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The Accusatory Pleadings | |
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The Complaint Process | |
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Arraignment | |
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The Defendant's Response to the Charges | |
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Bail and OR Investigations | |
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The Preliminary Hearing | |
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The Information | |
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The Grand Jury Process | |
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The Preplea Referral | |
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Plea Bargaining | |
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Alternatives to Prosecution | |
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Diversion | |
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Deferred Judgment Cases | |
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Summary | |
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Issues for Discussion | |
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References | |
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Internet References | |
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Case Decision | |
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Trial Procedures | |
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Key Terms and Concepts | |
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Introduction | |
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Trial Preparation | |
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A Speedy and Public Trial | |
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Challenging the Judge | |
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The Selection of Jurors | |
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The Venire List | |
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The Jury Size | |
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Qualifying the Jurors: The Voir Dire Process | |
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Challenging the Prospective Juror | |
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The Gag Order | |
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Scientific Jury Selection | |
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A Court Trial | |
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Let the Trial Begin | |
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The Attachment of Jeopardy | |
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The Prosecutor's Case-in-Chief | |
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Summary | |
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Issues for Discussion | |
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References | |
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Internet References | |
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Case Decisions | |
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Defense Strategies and Trial Outcomes | |
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Key Terms and Concepts | |
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Introduction | |
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Defense Strategies | |
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A Motion for a Direct Verdict | |
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Not Guilty by the Evidence | |
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Guilty but to Some Lesser Charge | |
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Not Guilty Because of Legal Justification | |
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Testimony by the Defendant | |
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Conclusions of the Trial | |
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The Rebuttal | |
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The Closing Arguments | |
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Instructions to the Jury | |
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Jury Deliberation | |
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Polling the Jury | |
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Unanimous Versus Nonunanimous Verdicts | |
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Another Motion for a Direct Verdict | |
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Summary | |
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Issues for Discussion | |
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References | |
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Internet References | |
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Case Decisions | |
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Sentencing Procedures and Alternatives | |
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Key Terms and Concepts | |
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Introduction | |
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The Sentencing Process | |
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The Goals of Sentencing | |
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Sentencing Laws | |
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The Mandatory Sentence Law | |
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The Indeterminate Sentence Law | |
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The Determinate Sentence Law | |
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The Pre-Sentencing Process | |
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The Presentence Report | |
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The Sentencing Hearing | |
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Sentencing Options | |
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The Grant of Probation | |
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The Terms of Probation | |
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Types of Probation | |
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Conditions of Probation | |
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Probation Searches | |
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Police Searches of Probationers | |
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Modification of Probation Orders | |
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Violations of Probation | |
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Record Expungement | |
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Federal Sentencing Procedures | |
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The Federal Sentencing Commission | |
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Federal Sentencing Guidelines | |
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Results of the Guidelines | |
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Summary | |
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Issues for Discussion | |
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References | |
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Internet References | |
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Case Decisions | |
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Post-Sentencing Procedures | |
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Key Terms and Concepts | |
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Introduction | |
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Misdemeanor Cases | |
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The Misdemeanor Sentence | |
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County Parole | |
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Felony Cases | |
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Reviewing Felony Prison Sentences | |
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The Boards of Parole | |
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Parole Procedures | |
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Discretionary Release | |
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Mandatory Release | |
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Parole Conditions | |
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Sexually Violent Predator Laws | |
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Police Searches of Parolees | |
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Parole Revocation Procedures | |
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Sex Offender Registration | |
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The Death Penalty | |
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A Brief History of the Death Penalty | |
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Writs and the Appellate Process | |
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Writ of Certiorari | |
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Writ of Habeas Corpus | |
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Writ of Mandamus | |
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Writ of Prohibition | |
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Executive Clemency | |
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Pardon | |
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Reprieve | |
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Commutation | |
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Amnesty | |
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Indemnification | |
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Summary | |
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Issues for Discussion | |
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References | |
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Internet References | |
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Case Decisions | |
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Subject Index | |
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Case Index | |