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