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Procedures in the Justice System,9780136335207
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Procedures in the Justice System

by Stuckey, Gilbert B.; Roberson, Cliff; Wallace, Harvey
ISBN13:

9780136335207

ISBN10:
0136335209
Format:
Hardcover
Pub. Date:
8/1/1997
Publisher(s):
Prentice Hall
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This is the edition with a publication date of 8/1/1997.
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Summary

Providing readers with a thorough understanding of our justice system, this 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. Explains the need for laws and the necessity of prosecuting criminals. Describes the entire legal process from jury selection to sentencing and examines the rights of the accused. Offers in-depth discussions of victims rights in the court system, the effects of gangs on the crime problems, constitutional and civil rights of an accused, the laws of arrest, and juvenile procedures. Includes selected court cases to provide readers with experience in reading court decisions and assist them in understanding the legal issues involved. Integrates motions and reports taken from actual trial records and provides a graph in the appendix that follows a criminal offender through arrest, sentencing, incarceration, parole, and pardon.

Table of Contents

Preface vii
1 Historical Development of Laws and Crime Causation
1(22)
The Early Development of Laws
1(5)
Classification of Crimes and Punishment
6(1)
Crime Causation
7(16)
2 Historical Development of the Justice System
23(27)
The Invasion of England
24(1)
The Magna Charta
25(1)
Early Treatment of Offenders
26(4)
The Establishment of Juries
30(4)
Historical Development of the Bill of Rights
34(1)
The Bill of Rights
35(2)
Due Process of Law
37(1)
Court Structures
38(12)
3 The Arrest
50(25)
Arrest of the Law Violator
50(2)
Arrests and Warrants
52(1)
Territorial Jurisdiction to Make an Arrest
53(4)
Force in Effecting an Arrest
57(3)
Miranda and Its Effect
60(3)
Immunity from Arrest
63(2)
Booking
65(1)
Issuance of a Citation
66(1)
The Summons
67(8)
4 The Initial Appearance
75(25)
Purpose of the Initial Appearance
75(4)
The Complaint
79(1)
The Warrant of Arrest
79(1)
Bail
80(20)
5 Pretrail Proceedings
100(27)
Arraignment
100(9)
The Grand Jury
109(7)
The Preliminary Hearing
116(3)
The Coroner
119(8)
6 Place and Time of the Trial
127(17)
Pretrial Action
127(1)
Place of the Trial
127(2)
Time of the Trial
129(15)
7 The Trial
144(25)
Court Trial Versus Jury Trial
144(8)
Public Trial
152(17)
8 Confrontation and Assistance of Counsel
169(27)
The Presence of the Defendant at a Trial
169(5)
The Right to Counsel
174(22)
9 Pretrial Motions, Hearings, and Plea Negotiations
196(23)
Pretrial Right of Discovery
196(4)
The Motion to Suppress Evidence
200(2)
The Motion to Dismiss Charges
202(2)
The Motion for Continuance
204(1)
The Motion for Severance of Offenses
205(1)
The Motion for Severance
206(1)
The Motion to Determine Competency
207(1)
Pretrial Conference
208(1)
Plea Negotiation
208(11)
10 The Trial: Roles of Major Participants
219(14)
The Adversary System
219(1)
The Judge
220(4)
The Victim and the Perpetrator
224(1)
The Prosecuting Attorney
225(2)
The State Attorney General
227(1)
The Defence Counsel
228(2)
The Clerk of the Court
230(1)
The Bailiff
231(1)
The Court Reporter
231(1)
The Court Commissioner
231(2)
11 The Jury
233(27)
A Jury of One's Peers
233(3)
The Jury Panel or Jury List
236(4)
Exemption from Jury Duty
240(1)
Challenging the Jurors for Cause
241(6)
Peremptory Challenge
247(3)
Alternate Jurors
250(1)
Sequestering the Jury
251(2)
The Future of the Jury System
253(7)
12 Trial Procedure
260(38)
Opening Statements
260(2)
Reasonable Doubt
262(1)
Witnesses
263(2)
The Subpoena
265(1)
Examination of Witnesses
266(8)
Introduction of Physical Evidence
274(1)
Defense Presentation
275(3)
Rebuttal by the Prosecution
278(1)
Not Guilty by Reason of Insanity
279(8)
Closing Arguments
287(11)
13 The Jury: Instructions and Deliberation
298(13)
Instructions to the Jury
298(2)
Deliberation
300(11)
14 The Verdict, Appeals, and Appellate Citations
311(20)
The Verdict
311(7)
Appeals
318(4)
Appellate Court Citations
322(9)
15 The Sentence and Correctional Procedures
331(30)
History of Punishment
331(3)
Present Sentencing Procedure
334(3)
Types of Sentencing
337(9)
Parole
346(5)
The Fine
351(10)
16 Sentencing Philosophy and Clemency
361(26)
Punishment as a Deterrence
361(1)
Rehabilitation
362(6)
Correctional Facilities
368(2)
The Correctional Officer
370(2)
The Death Penalty
372(10)
Executive Clemency
382(5)
17 Extradition, Writs, and Juvenile Justice
387(14)
Extradition
387(4)
Writs
391(3)
Juvenile Justice
394(7)
18 Victims' Rights
401(17)
The Historical Perspective
401(3)
Restitution
404(3)
Compensation
407(3)
Victim Impact Statements
410(1)
Constitutional Issues
411(7)
Appendix A Outline of Trial Procedure 418(2)
Appendix B Psychological Report on the Issue of Insanity 420(2)
Appendix C Motion for the Production and Inspection of Evidence and Information That May Lead to Evidence 422


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