Procedures in the Justice System

by Stuckey, Gilbert B.; Roberson, Cliff; Wallace, Harvey

• ISBN13: 9780131122956
• ISBN10: 0131122959
• Edition: 7th
• Format: Hardcover
• Copyright: 2004-01-01
• Publisher: Prentice Hall

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.