Procedures in the Justice System

by Stuckey, Gilbert; Roberson, Clifford; Wallace, Paul; Wallace, Harvey

• ISBN13: 9780130165848
• ISBN10: 0130165840
• Edition: 6th
• Format: Hardcover
• Copyright: 2000-06-01
• Publisher: Prentice Hall

Summary

For undergraduate sophomore-level course in Administration of Justice, or junior-level course in American Criminal Courts. Providing readers with a thorough understanding of our justice system, this popular text 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 text helps students gain a deeper understanding of our justice system and of the role each member must play to achieve, through teamwork, law and order for all.

Table of Contents

Preface	ix
Historical Development of Laws and Crime Causation	1	(22)
The Cost of Crime	1	(2)
The Early Development of Laws	3	(3)
Classification of Crimes and Punishment	6	(1)
Crime Causation	7	(16)
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	(2)
The Bill of Rights	36	(1)
Due Process of Law	37	(1)
Court Structures	38	(12)
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)
The Initial Appearance	75	(24)
Purpose of the Initial Appearance	75	(4)
The Complaint	79	(1)
The Warrant of Arrest	79	(1)
Bail	80	(19)
Pretrial Proceedings	99	(28)
Arraignment	99	(9)
The Grand Jury	108	(7)
The Preliminary Hearing	115	(4)
The Coroner	119	(8)
Place and Time of the Trial	127	(16)
Pretrial Action	127	(1)
Place of the Trial	127	(2)
Time of the Trial	129	(14)
The Trial	143	(24)
Court Trial Versus Jury Trial	143	(7)
Public Trial	150	(17)
Confrontation and Assistance of Counsel	167	(26)
The Presence of the Defendant at a Trial	167	(5)
The Right to Counsel	172	(21)
Pretrial Motions, Hearings, and Plea Negotiations	193	(22)
Pretrial Right of Discovery	193	(5)
The Motion to Suppress Evidence	198	(1)
The Motion to Dismiss Charges	199	(2)
The Motion for Continuance	201	(1)
The Motion for Severance of Offenses	202	(1)
The Motion for Severance	203	(1)
The Motion to Determine Competency	204	(1)
Pretrial Conference	205	(1)
Plea Negotiation	205	(10)
The Trial: Roles of Major Participants	215	(14)
The Adversary System	215	(1)
The Judge	216	(4)
The Victim and the Perpetrator	220	(1)
The Prosecuting Attorney	221	(2)
The State Attorney General	223	(1)
The Defense Counsel	224	(2)
The Clerk of the Court	226	(1)
The Bailiff	226	(1)
The Court Reporter	227	(1)
The Court Commissioner	227	(2)
The Jury	229	(30)
A Jury of One's Peers	229	(3)
The Jury Panel or Jury List	232	(4)
Exemption from Jury Duty	236	(1)
Challenging the Jurors for Cause	237	(6)
Peremptory Challenge	243	(3)
Alternate Jurors	246	(2)
Sequestering the Jury	248	(4)
The Future of the Jury System	252	(7)
Trial Procedure	259	(38)
Opening Statements	259	(2)
Reasonable Doubt	261	(1)
Witnesses	262	(2)
The Subpoena	264	(1)
Examination of Witnesses	265	(7)
Introduction of Physical Evidence	272	(2)
Defense Presentation	274	(3)
Rebuttal by the Prosecution	277	(1)
Not Guilty by Reason of Insanity	278	(8)
Closing Arguments	286	(11)
The Jury: Instructions and Deliberation	297	(13)
Instructions to the Jury	297	(2)
Deliberation	299	(11)
The Verdict, Appeals, and Appellate Citations	310	(19)
The Verdict	310	(7)
Appeals	317	(4)
Appellate Court Citations	321	(8)
The Sentence and Correctional Procedures	329	(30)
History of Punishment	329	(4)
Present Sentencing Procedure	333	(2)
Types of Sentencing	335	(10)
Parole	345	(5)
The Fine	350	(9)
Sentencing Philosophy and Clemency	359	(27)
Punishment as a Deterrence	359	(1)
Rehabilitation	360	(7)
Correctional Facilities	367	(1)
The Correctional Officer	368	(3)
The Death Penalty	371	(10)
Executive Clemency	381	(5)
Extradition, Writs, and Juvenile Justice	386	(14)
Extradition	386	(4)
Writs	390	(3)
Juvenile Justice	393	(7)
Victims' Rights	400	(17)
The Historical Perspective	400	(3)
Restitution	403	(3)
Compensation	406	(3)
Victim Impact Statements	409	(1)
Constitutional Issues	409	(8)
Appendix A Outline of Trial Procedure	417	(2)
Appendix B Psychological Report on the Issue of Insanity	419	(2)
Appendix C Motion for the Production and Inspection of Evidence and Information That May Lead to Evidence	421	(2)
Subject Index	423	(12)
Case Index	435