Criminal Law and Procedure for the Paralegal A Systems Approach

ISBN-10: 140186564X

ISBN-13: 9781401865641

Edition: 3rd 2006 (Revised)

List price: $186.95
30 day, 100% satisfaction guarantee

If an item you ordered from TextbookRush does not meet your expectations due to an error on our part, simply fill out a return request and then return it by mail within 30 days of ordering it for a full refund of item cost.

Learn more about our returns policy

Description: This text prepares paralegals in the principles of criminal law as well as in the practice skills needed daily in the law office. Presented in a clear, logical, outline format, Criminal Law and Procedure for the Paralegal: A Systems Approach, third , includes effective learning features such as charts, checklists, forms, documents, legal terminology, helpful web sites, and numerous illustrative case examples. A systems folder is also included to help build an impressive practice system of topically arranged forms, legal principles, rules, checklists, and other materials. This comprehensive text blends theory with practice and incorporates insights into the fascinating world of crime and criminals and the legal professionals who work within the justice system. The systems approach used continues to be one of the most popular features of this text, and the clear, concise, yet thorough presentation of concepts and skills leads to the development of a more thoughtful and accurate paralegal professional.

what's this?
Rush Rewards U
Members Receive:
coins
coins
You have reached 400 XP and carrot coins. That is the daily max!

Study Briefs

Limited time offer: Get the first one free! (?)

All the information you need in one place! Each Study Brief is a summary of one specific subject; facts, figures, and explanations to help you learn faster.

Add to cart
Study Briefs
Business Ethics Online content $4.95 $1.99
Add to cart
Study Briefs
Business Law Online content $4.95 $1.99
Add to cart
Study Briefs
Management Online content $4.95 $1.99

Customers also bought

Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading
Loading

Book details

List price: $186.95
Edition: 3rd
Copyright year: 2006
Publisher: Delmar Cengage Learning
Publication date: 7/11/2005
Binding: Paperback
Pages: 656
Size: 8.25" wide x 10.50" long x 1.00" tall
Weight: 3.212
Language: English

Table of Exhibits
Table of Cases
Preface
Foundations of Criminal Law
Introduction
Overview of the Legal System
Rule of Law
The Constitution
Separation of Powers
Police Power
Criminal Law
Purpose of Criminal Law
Sources of Criminal Law
Model Penal Code
Administrative Crime
International Crime
Change in the Criminal Law
Divisions of Criminal Law
Due Process
Classification of Crimes
Punishment and Criminal Law
Introduction
Retribution
Deterrence
Rehabilitation
Critical Reason and Criminal Law
The Dilemma of Crime in a Free Society
Crime in the United States
Current State of Crime
Reasons for Drop in Crime
Special Concerns: Present and Future
Practical Considerations for the Study of Criminal Law
The Significance of Studying Criminal Law
About This Text: Applying State Law
The System Folder
Sample Cases
Case I
Case II
Case III
Case IV
Case V
Case VI
Conclusion
Administration of Criminal Justice and the Role of the Paralegal
Introduction
Law Enforcement Agencies
Prosecutorial Agencies
Defense Bar
Corrections Agencies
Criminal Court System
Court Structure
Jurisdiction
Criminal Procedure
Professional Ethics in Criminal Law Practice
Introduction
Adversary System
Role of the Prosecutor
Role of the Defense Attorney
Role of the Judge
Role of the Paralegal
Paralegal Tasks in Criminal Law Offices
Paralegal Ethical Responsibilities
Other Professional Considerations
Professional Development
Conclusion
Components of a Crime
Introduction
Harm or Likely Harm: The Classification of Crimes
Actus Reus
Introduction
Voluntary and Involuntary Acts
Omissions
Possession
Status
Mens Rea
Introduction
Model Penal Code Definitions
General, Specific, and Transferred Intent
Concurrence
Strict Liability
Causation
Introduction
Foreseeable Consequences
Supervening or Superseding Causes
Complicity
Introduction
Parties to Crimes
Actus Reus in Complicity
Mens Rea in Complicity
Abandonment
Vicarious and Corporate Liability
Introduction
Vicarious Liability
Corporate Liability
Conclusion
Crimes Against Persons and Crimes Against Habitation
Introduction
Elements of Crimes
Lesser Included Offense
Crimes Against Persons
Introduction
Homicide
Assault and Battery
Civil Rights Violations
Sexual Battery
Criminal Abuse
Kidnapping, False Imprisonment, and Custodial Interference
Crimes Against Habitation
Introduction
Arson
Vandalism
Burglary
Conclusion
Crimes Against Property, Public Order and Safety, Public Morals, and Justice and Public Administration
Introduction
Crimes Against Property
Introduction
Larceny
Embezzlement
False Pretenses or Fraud
Bad Checks
Receiving Stolen Property
Forgery and Uttering a Forged Instrument
Robbery
Extortion
Consolidated Theft
Cybercrimes
White-Collar Crime
Crimes Against Public Order and Safety
Introduction
Terrorism
Disorderly Conduct
Riot
Vagrancy and Loitering
Endangering Public Health and Environment
Use and Distribution of Firearms
Crimes Against Public Morals
Introduction
Nonviolent Sexual Conduct
Gambling
Drug Offenses
Crimes Against Justice and Public Administration
Introduction
Bribery
Perjury
Obstruction of Justice
Resisting Arrest
Escape
Contempt of Court
Conclusion
Inchoate and Organized Crimes
Introduction
Attempt
Introduction
Mens Rea in Attempt
Actus Reus in Attempt
Defenses to Attempt
Conspiracy
Introduction
Mens Rea in Conspiracy
Actus Reus in Conspiracy
Defenses to Conspiracy
Hearsay Exception
Problems with Conspiracy
Solicitation
Racketeering Influenced and Corrupt Organizations (RICO)
Introduction
RICO Elements
Extent of Control
RICO Conspiracy
State Organized Crime Statutes
Continuing Criminal Enterprise (CCE)
Criminal Gangs
Conclusion
Defenses
Introduction
Types of Defenses
Effective Level of Defense
Burden of Proof
Constitutional and Statutory Defenses
Introduction
Freedom of Religion
Freedom of Expression
Freedom of Assembly
Double Jeopardy
Substantive Due Process
Right to Privacy
Statute of Limitations
Justification
Introduction
Self-Defense
Defense of Third Persons
Defense of Property
Resisting Unlawful Arrest
Execution of Public Duties
Parental Discipline Justification
Excuse
Introduction
Duress
Necessity
Entrapment
Insanity
Missing Elements
Introduction
Actus Reus as a Missing Element
Mens Rea as a Missing Element
Consent
Syndromes
Conclusion
Intake and Drafting the Complaint
Introduction
Intake Procedure
Introduction
Preparing for Intake
The Interview
Counseling the Victim
Decision to Charge
Authority, Limits, and Immunity from Civil Suit
Joinder of Offenses and Defendants
Drafting the Complaint
Drafting from the Intake Form
Drafting from the Police Report
Summons and Warrant
Summons
Arrest Warrant
E-Filing and Monitoring
Checklist for Drafting and Filing the Summons and Warrant
Docket Tracking
Conclusion
Search and Seizure
Introduction
Scope of the Fourth Amendment
State Action
Reasonable Expectation of Privacy
Warrant Requirements
Issuance: Probable Cause, Neutrality, Particularity
Execution of the Warrant
Warrant Subsequent to Search: Independent Source
Officer Liability and the Fourth Amendment
Exceptions to the Requirement for a Warrant
Introduction
Arrest
Stop and Frisk (Investigatory Detention)
Search Incident to Lawful Arrest
Plain View
Motor Vehicle Searches
Hot Pursuit
Evanescent Evidence
Border, Regulatory, and Emergency Searches
Consent Searches
Inevitable Discovery
Community Caretaking Function
Electronic Surveillance and the Patriot Act
Secret Agents
The Exclusionary Rule
Conclusion
Confessions and Pretrial Identification Procedures
Introduction
The Fifth Amendment Privilege Against Self-Incrimination
Introduction
Who Is Protected by the Right Against Self-Incrimination?
In What Kinds of Hearings May the Right be Exercised?
What Is Incriminating Testimony?
When Can Incriminating Testimony be Compelled?
How Far Does a Waiver of the Right Extend?
When Is Evidence Testimonial?
Confessions and Interrogation: Miranda
Introduction
Miranda
Issues Miranda Left Unanswered
Effect of Denial of Right to Counsel (Massiah) and Harmless Error
Challenging a Confession
The Paralegal's Role
Lineups, One-On-One Show-Ups, and Photo Identifications
Introduction
The Right to Counsel at Pretrial Identification
Due Process and Pretrial Identifications
Conclusion
Pretrial: Initial Appearance to Preliminary Hearing
Introduction
Initial Appearance
Introduction
Notice of Rights and Determination of Indigency
Bail
Initial Appearance: Paralegal's Role
Pretrial Detention
Conditions of Confinement
Duty to Confirm Identity of Detainee
Terrorism and Detention Issues
Rocket Dockets
Interviewing
Introduction
Interviewing the Defendant
Interviewing Witnesses
Ethical Considerations
Dealing with the Difficult Client
Interview Summaries
Other Preliminary Investigation and Preparation
Defense
Prosecution
Preparing Questions for the Preliminary Hearing
Preliminary Hearing
Extradition
Conclusion
Pretrial: Grand Jury to Pretrial Conference
Introduction
Grand Jury and Indictment
Introduction
Composition
Powers
Autonomy and Secrecy
Procedure
The Paralegal's Role: Prosecution
The Paralegal's Role: Defense
The Information
Arraignment
Introduction
The Paralegal's Role
Discovery
Introduction
The Law on Discovery
Exculpatory Evidence
Discovery Procedure and the Paralegal's Role
Other Investigation
Pretrial Motions
Introduction
Procedure
Common Pretrial Motions
Notice of Defenses
Plea Bargaining
The Right to a Speedy Trial
Pretrial Conference
Conclusion
Trial: Rights, Procedure, Tasks
Introduction
Trial Rights
The Right to a Jury Trial
The Right to Counsel
The Rights of Presence and Confrontation
The Right to Present Witnesses, to Testify, or Not to Testify
Fair Trial Versus Free Press and Public Access
The Paralegal's Role in Preparation for Trial
Introduction
The Trial Notebook
Preparation of Client and Witnesses
Trial Materials
Trial Procedure and the Paralegal's Role
Voir Dire
Opening Statements
The Prosecution's Case and the Presentation of Evidence
Defense Cross-Examination of Prosecution's Witnesses
Motion for Judgment of Acquittal
Defendant's Case in Chief
Prosecution's Rebuttal and Defendant's Rejoinder
Motion for Judgment of Acquittal or Directed Verdict
Jury Instruction Conference
Closing Arguments
Judge's Instructions to the Jury
Jury Deliberation
Jury Verdict and Polling
Posttrial Motions
Purpose
Types of Posttrial Motions
Conclusion
Sentencing, Punishment, and Review
Introduction
Goals
Setting and Serving the Sentence
Review
Forms of Punishment
Introduction
Capital Punishment
Incarceration
Fines
Restitution
Forfeiture
Probation
Sentencing Statutes and Guidelines
Sentencing Statutes
Three Strikes Laws and Mandatory Minimums
Sentencing Guidelines
Sentencing Procedure
Introduction
Capital Sentencing
Presentence Report
Alternative Sentencing Plan
The Sentencing Hearing
Serving the Sentence
Revocation of Probation
Parole and Its Revocation
Rights and Responsibilities of Prisoners
Appeals
Introduction
Basis for Appeal
Appellate Procedure
The Writ of Habeas Corpus
Introduction
Criteria for Access to Habeas Corpus
Habeas Corpus Procedure
Conclusion
System Folder Contents
Excerpts From the Constitution of the United States of America
Glossary
Spanish Glossary
Index
×
Free shipping on orders over $35*

*A minimum purchase of $35 is required. Shipping is provided via FedEx SmartPost® and FedEx Express Saver®. Average delivery time is 1 – 5 business days, but is not guaranteed in that timeframe. Also allow 1 - 2 days for processing. Free shipping is eligible only in the continental United States and excludes Hawaii, Alaska and Puerto Rico. FedEx service marks used by permission."Marketplace" orders are not eligible for free or discounted shipping.

Learn more about the TextbookRush Marketplace.

×