Basic Criminal Procedures

ISBN-10: 0131731920

ISBN-13: 9780131731929

Edition: 3rd 2007 (Revised)

List price: $105.40 Buy it from $10.19
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Description:

Explains the procedural aspects of the criminal justice system systematically, making the concepts easy to apply to any statersquo;s specific procedural laws. This edition continues its detailed coverage of the Exclusionary Rule and the Miranda procedures, includes compelling human-interest stories and offers more balanced coverage of consensual encounter, detention and arrest. Examines procedures systematically, beginning from the point of an individualrsquo;s first contact with police, through the law enforcement process, the courts, the correctional system, and back into the community on probation or parole.nbsp;Defines terms and helps readers develop fluency in the legalese that is used by professionals in the field.nbsp;It is ideal for those new to criminal procedures because its writing is clear, its appellate excerpts and citations are understandable, and it introduces unfamiliar concepts and terms before they are discussed within the chapter.
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Book details

List price: $105.40
Edition: 3rd
Copyright year: 2007
Publisher: Prentice Hall PTR
Publication date: 6/14/2006
Binding: Paperback
Pages: 256
Size: 8.00" wide x 10.00" long x 0.50" tall
Weight: 1.144
Language: English

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

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