The Criminal Law Handbook: Know Your Rights, Survive the System

by Bergman, Paul

• ISBN13: 9781413303568
• ISBN10: 1413303560
• Edition: 7th
• Format: Paperback
• Copyright: 2005-09-30
• Publisher: Nolo

Summary

The criminal justice system is a complex maze of rules and procedures. The police and criminal courts confuse and intimidate people. And the media features plenty of conflicting images about what to expect if you're the victim of -- or accused of committing -- a crime.

Author Biography

Paul Bergman is the author of many legal books Sara J. Berman-Barrett is an attorney, bar review professor

Table of Contents

Introduction
How Can This Book Help You?	2	(5)
A Walk-Through of the Case of State v. Andrea Davidson, a Fictional Robbery Prosecution	7
Talking to the Police
Police Questioning of People Who Haven't Been Taken Into Custody	3	(8)
Police Questioning of Arrestees	11
Search and Seizure: When the Police Can Search for and Seize Evidence
The Constitutional Background	5	(5)
Search Warrants	10	(4)
Consent Searches	14	(4)
The Plain View Doctrine	18	(2)
Warrantless Searches That Are Incident to Arrest	20	(2)
``Stop and Frisk'' Searches	22	(3)
Searches of Car and Occupants	25	(5)
Warrantless Searches Under Emergency (Exigent) Circumstances	30	(1)
Miscellaneous Warrantless Searches	31
Arrest: When It Happens, What It Means
General Arrest Principles	3	(4)
Arrest Warrants	7	(1)
Warrantless Arrests	8	(3)
Use of Force When Making Arrests	11	(3)
Citizens' Arrests	14
Eyewitness Identification: Psychology and Procedures
An Overview of Eyewitness Identification Procedures	3	(3)
The Psychology of Eyewitness Identification	6	(2)
Lineups	8	(5)
Showups	13	(1)
Photo Identifications	14	(1)
Motions to Suppress Identifications	15
Booking and Bail: Checking In and Checking Out of Jail
The Booking Process	3	(3)
Arranging for Bail	6	(9)
Own Recognizance Release (Release O.R.)	15
From Suspect to Defendant: How Crimes Get Charged
Crime and Criminal Cases	3	(2)
To Charge or Not to Charge, That Is the Question	5	(8)
The Mechanics of Charging	13	(3)
Grand Juries	16	(2)
Diversion	18
Criminal Defense Lawyers: Who They Are, What They Do, How to Find One
Do I Need a Lawyer?	3	(3)
Court-Appointed Attorneys	6	(7)
Private Defense Attorneys	13	(9)
Self-Representation	22
Understanding the Attorney-Client Relationship in a Criminal Case
Confidentiality	3	(4)
Client-Centered Decision Making	7	(6)
Lawyer-Client Communication	13	(1)
Representing Guilty Defendants	14	(1)
Competent Clients	15
A Walk Through Criminal Court
The Courthouse	3	(1)
The Courtroom	4	(3)
The Courtroom Players	7	(7)
Courtroom Behavior	14
Arraignments
Timing of Arraignments	3	(8)
Self-Representation at Arraignment	11
Developing the Defense Strategy
Overview	3	(4)
How the Defendant's Version of Events May Limit Defense Strategies	7	(4)
When Attorneys Ignore a Defendant's Version of Events	11	(2)
The Importance of Honesty in Developing a Defense Strategy	13
Crimespeak: Understanding the Language of Criminal Laws
Mens Rea	5	(3)
The Meaning of Frequently Used Legal Language	8	(5)
Derivative Criminal Responsibility	13	(5)
Murder and Manlaughter	18	(4)
Rape	22	(2)
Burglary	24	(3)
Robbery	27	(1)
Theft	28	(3)
Hate Crimes	31	(2)
The Patriot Act	33	(3)
White Collar Crimes	36
Defensespeak: Common Defenses to Criminal Charges
Prosecutor's Failure to Prove Guilt	3	(3)
``Partial'' Defenses	6	(3)
Self-Defense	9	(3)
Alibi	12	(1)
Insanity	13	(4)
Intoxication (Under the Influence of Drugs or Alcohol)	17	(1)
Entrapment	18	(1)
Jury Nullification	19
Discovery: Exchanging Information With the Prosecution
Modern Discovery Policy	2	(1)
Discovery of Helpful Information	3	(3)
Discovery of Harmful Information	6	(3)
Reciprocal Discovery	9
Investigating the Facts
Interviewing Prosecution Witnesses	2	(3)
Finding and Interviewing Defense Witnesses	5	(1)
Other Investigation Tasks and Their Costs	6
Preliminary Hearings
What Preliminary Hearings Are and When They Are Held	2	(5)
Basic Rights During Preliminary Hearings	7	(3)
Common Defense and Prosecution Strategies at the Preliminary Hearing	10
Fundamental Trial Rights of the Defense
The Defendant's Right to Due Process of Law	3	(2)
The Prosecution's Burden of Proof	5	(3)
The Defendant's Right to Remain Silent	8	(3)
The Defendant's Right to Confront Witnesses	11	(2)
The Defendant's (and the Media's) Right to a Public Trial	13	(3)
A Defendant's Right to a Jury Trial	16	(2)
A Defendant's Right to Counsel	18	(2)
A Defendant's Right to a Speedy Trial	20	(2)
The Defendant's Right Not to Be Placed in Double Jeopardy	22
Basic Evidence Rules in Criminal Trials
Overview	3	(4)
Rules Regulating the Content of Testimony	7	(12)
Rules Regulating the Manner of Testimony	19	(3)
Scientific Evidence	22	(5)
Privileged (Confidential) Information	27
Motions and Their Role in Criminal Cases
The Basic Procedures	3	(3)
Common Pretrial Motions	6	(4)
Motions During Trial	10	(2)
Motions After Trial	12
Plea Bargains: How Most Criminal Cases End
Plea Bargaining--The Basics	3	(1)
The Pros and Cons of Plea Bargains	4	(4)
The Plea Bargaining Process	8	(5)
The Strategy of Negotiating Plea Bargains	13
The Trial Process
Summary of the Trial Process	4	(1)
Choosing a Judge or Jury Trial	5	(2)
Jury Voir Dire	7	(4)
Motions in Limine	11	(1)
Opening Statements	12	(2)
Prosecution's Case-in-Chief	14	(1)
Direct Examination of Witnesses	15	(3)
Cross-Examination	18	(1)
Defense Motion to Dismiss	19	(1)
Defendant's Case-in-Chief	19	(2)
Closing Argument	21	(2)
Instructing the Jury	23	(2)
Jury Deliberations and Verdict	25
Sentencing: How the Court Punishes Convicted Defendants
Overview of Sentencing	4	(7)
Sentencing Procedures	11	(6)
Sentence Options	17	(11)
The Death Penalty	28
References	22/34	(2)
Appeals: Seeking Review by a Higher Court
Appeals	2	(6)
Writs	8
How the Criminal Justice System Works: A Walk Through Two Drunk Driving Cases
Questions and Answers About DUI (Driving Under the Influence)	2	(9)
DUI Case Examples	11
Juvenile Courts and Procedures
A Brief History of U.S. Juvenile Courts	3	(1)
Juvenile Court Jurisdiction	4	(3)
Deciding Whether to File Charges	7	(3)
The Right to Counsel and Other Constitutional Rights	10	(4)
Trying Juveniles as Adults	14	(4)
Sentencing (Disposition) Options	18	(5)
Sealing Juvenile Court Records	23
Prisoners' Rights
Prisons and Prisoners' Rights	3	(10)
Legal Resources for Prisoners and Their Families	13	(4)
Parole	17	(2)
Pardons	19
Looking Up the Law
What to Research	2	(12)
Where to Do Research	14	(1)
Glossary	15
Index