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Procedures in the Justice System,9780131122956

Procedures in the Justice System

by ; ;
Edition:
7th
ISBN13:

9780131122956

ISBN10:
0131122959
Format:
Hardcover
Pub. Date:
1/1/2004
Publisher(s):
Prentice Hall
List Price: $88.20

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Summary

Providing readers with a thorough understanding of our justice system, this popular book explains the duties and responsibilities of the law enforcement agencies, courts, and correctional departments from the time of arrest through the sentencing of the criminal offender. Avoiding confusing legalese, it addresses why we have laws and why those laws are broken, the constitutional rights of an accused, and the underlying philosophy of correctional endeavors. The book gives readers a thorough understanding of our justice system and of the role each member must play to achieve, through teamwork, law and order for all. KEY TOPICS Chapter topics cover historical development of law and justice system; search and seizure; the arrest; initial appearance; pretrial proceedings; time and place of trial; the trial; confrontation and assistance of counsel; pretrial motions, hearings, and plea negotiations; the trial: roles of major participants; the jury; trial procedure; instructions and deliberation of the jury; the verdict and appeals; sentencing; collateral proceedings; and victims' rights. For individuals interested in our justice system, particularly those considering a career in the police force or office of corrections.

Table of Contents

Preface ix
Historical Development of Law and the Justice System
1(37)
The Early Development of Laws
1(3)
The Common Law
4(1)
Modern Criminal Law
4(1)
Classification of Crimes and Punishment
4(1)
The Justice System
5(1)
Court Structures
6(15)
The State Court System
21(4)
The Federal Court System
25(1)
Venue
26(2)
Jurisdiction
28(1)
Capstone Cases
29(9)
Search and Seizure
38(15)
History and Purpose of the Fourth Amendment
38(2)
Exclusionary Rule
40(1)
Fruits of the Poisonous Tree Doctrine
41(1)
Protected Areas and Interests
42(1)
Expectations of Privacy Zone
42(1)
Exceptions to the Fourth Amendment
43(4)
Inspections and Regulatory Searches
47(1)
Probable Cause
48(1)
Search with a Warrant
49(4)
The Arrest
53(25)
Arrest of the Law Violator
53(2)
Arrests and Warrants
55(1)
Stop and Frisk and Other Detentions
56(2)
Territorial Jurisdiction to Make an Arrest
58(3)
Force in Effecting an Arrest
61(4)
Miranda and Its Effect
65(3)
Immunity from Arrest
68(1)
Booking
69(1)
Issuance of a Citation
70(2)
The Summons
72(1)
Capstone Case
72(6)
The Initial Appearance
78(23)
Purpose of the Initial Appearance
78(4)
The Complaint
82(1)
Bail
83(6)
Bounty Hunters
89(1)
Capstone Case
90(11)
Pretrial Proceedings
101(24)
Arraignment
101(8)
The Grand Jury
109(6)
The Preliminary Hearing
115(3)
Grants of Immunity for Witnesses
118(1)
The Medical Examiner
118(3)
Capstone Case
121(4)
Place and Time of the Trial
125(15)
Pretrial Action
125(1)
Place of the Trial
125(2)
Time of the Trial
127(7)
Capstone Case
134(6)
The Trial
140(22)
Bench Trial versus Jury Trial
147(1)
Public Trial
147(8)
Capstone Case
155(7)
Confrontation and Assistance of Counsel
162(24)
The Presence of the Defendant at a Trial
162(5)
The Right to Counsel
167(12)
Capstone Case
179(7)
Pretrial Motions, Hearings, and Plea Negotiations
186(21)
Pretrial Right of Discovery
186(4)
The Motion to Suppress Evidence
190(2)
The Motion to Dismiss Charges
192(1)
The Motion for Continuance
192(2)
The Motion for Severance of Offenses
194(1)
The Motion for Severance
195(1)
The Motion to Determine Competency
196(1)
Pretrial Conference
197(1)
Plea Negotiation
197(5)
Capstone Case
202(5)
The Trial: Roles of Major Participants
207(21)
The Adversary System
207(2)
The Judge
209(4)
The Victim and the Perpetrator
213(1)
The Prosecutor
213(3)
The State Attorney General
216(1)
The Defense Counsel
216(2)
The Clerk of the Court
218(1)
The Bailiff
219(1)
The Court Reporter
219(1)
The Court Commissioner
219(1)
Capstone Case
219(9)
The Jury
228(26)
Introduction
228(1)
A Jury of One's Peers
228(3)
The Jury Panel or Jury List
231(4)
Exemption from Jury Duty
235(5)
Challenging the Jurors for Cause
240(1)
Peremptory Challenge
240(4)
Alternate Jurors
244(1)
Sequestering the Jury
245(1)
The Future of the Jury System
246(1)
Capstone Case
246(8)
Trial Procedure
254(33)
Opening Statements
254(1)
Reasonable Doubt
255(2)
Witnesses
257(2)
The Subpoena
259(1)
Examination of Witnesses
260(8)
Defense Presentation
268(2)
Rebuttal by the Prosecution
270(1)
Not Guilty by Reason of Insanity
271(7)
Closing Arguments
278(2)
Capstone Case
280(7)
Instructions and Deliberation of the Jury
287(11)
Instructions to the Jury
287(2)
Deliberations
289(9)
The Verdict and Appeals
298(17)
The Verdict
298(7)
Appeals
305(3)
Appellate Court Citations
308(2)
Capstone Case
310(5)
Sentencing
315(31)
History of Punishment
315(5)
Types of Sentencing and Sentences
320(8)
Death Penalty
328(10)
Fines
338(2)
Capstone Case
340(6)
Collateral Proceedings
346(8)
Extradition
346(4)
Writs
350(4)
Victims' Rights
354(16)
The Historical Perspective
354(4)
Restitution
358(2)
Compensation
360(3)
Victim Impact Statements
363(7)
Appendix A Outline of Trial Procedure 370(2)
Appendix B Psychological Report on the Issue of Insanity 372(2)
Appendix C Motion for the Production and Inspection of Evidence and Information Which May Lead to Evidence 374(2)
Appendix D The Judge's Instructions to the Jury in a Criminal Case 376(5)
Subject Index 381(8)
Case Index 389

Excerpts

This edition, like the three previous editions, is dedicated to our colleague, the late Gilbert B. Stuckey. The seventh edition ofProcedures in the Justice Systemcontinues the tradition of providing the reader with a thorough understanding of our justice system from the time of arrest through the sentencing of the criminal offender. Legal rules of procedure are presented in language that is easy to understand. The crime rate continues as one of society's major problems, not only in the United States but also throughout the world. It is the primary responsibility of those directly connected with the justice system, such as members of law enforcement agencies, the courts, and correctional officers, to fight crime. Yet to effectively curb crime, society needs the assistance of every law-abiding person. By studying history, we often see the mistakes of the past and thus can make efforts not to repeat those mistakes in the future. One past mistake was the failure to recognize that the members of the justice system are a team who must work together. Yet, to work as a team, it is necessary for each member to understand his or her own responsibility as well as that of each of the other members. In this seventh edition, the coverage of victims' rights and of the effects of gangs on the crime problem has been expanded. The discussions of constitutional and civil rights of an accused, of the laws of arrest, and of search and seizure have also been expanded. In addition, we have included selected court cases to provide the reader with experience in reading court decisions and to assist the reader in understanding the legal issues involved. Also included in the seventh edition are motions and reports taken from actual trial records and other supplemental material. These are submitted to provide the reader with a better idea of the practical issues involved in trying criminal cases. This book was written for those interested in our justice system, particularly for police and correctional science students. It explains the duties and responsibilities of the law enforcement agencies, courts, and correctional departments, in relation to law violators, from the time of accusation until completion of sentence. Criminal justice students should, however, study more than just judicial procedures. The student should have some knowledge of why we have laws and why those laws are broken, should be cognizant of the constitutional rights of an accused, and should have a better understanding of the philosophy of correctional endeavors. Thus, material on these subjects is incorporated into this text. The information in this text will help the student, as well as others, attain a more thorough knowledge of our justice system and of the role that each member must play to achieve, through teamwork, law and order for all. Special thanks goes out to the following reviewers for their hard work and assistance on this edition; Wojciech Cebulak, Minot State University, Minot, N.D.; Mark Stetler, Montgomery College, Spring, TX; Chris Delay, University of Louisiana, Lafayette, LA. To assist the instructor in presenting the material in this edition, an Instructor's Manual contains objectives, chapter outlines, teaching aids, and examination questions and answers, including true-false, multiple-choice, and fill-in questions. A selection of federal forms and a powerpoint presentation for each chapter will also be included.


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