The Criminal Law Handbook 5th edition pptx

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The Criminal Law Handbook 5th edition pptx

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[...]... trial, rather than argue that the police got it wrong d How knowledgeable am I about the law governing the events about which I’m being questioned? People sometimes unwittingly provide evidence of their own guilt because they inaccurately believe that their behavior does not amount to criminal conduct They may think they are explaining their innocence, while the police officers are using their explanation... in the criminal justice process are located at the end of the chapter in which they are discussed The examples are provided as illustrations only They are not designed to predict exactly what will happen in a particular case 4 How can this book help me understand the criminal rules and proceedings in my locality? This book describes the criminal justice system as it tends to operate throughout the. .. But each state, as well as the federal government, has its own set of criminal laws and procedures Thus, if you need to know the terms of a specific law, or the procedures your local court will follow, you will need to consult the rules for your jurisdiction Chapter 27 explains how to find such rules and other important information in a law library and on the Web Throughout the book, you will also find... Chapter 1, Talking to the Police 7 Officer Daniels asks Andrea to participate in a lineup to determine whether the store owner who was robbed at gunpoint, Hilary Julia, is able to identify Andrea as the robber • What happens at a lineup? • If Andrea is represented by a lawyer, does the lawyer make all the decisions? • Does Andrea have to participate in the lineup? • If Andrea talks to the lawyer while she’s... she’s in jail, is their conversation confidential? • Instead of conducting a lineup, could the police have shown the store owner a picture of Andrea? • What does it mean for the government to have to provide Andrea with “due process of law ? See Chapter 7, Criminal Defense Lawyers: Who They Are, What They Do, How to Find One, Chapter 8, Understanding the Attorney-Client Relationship in a Criminal Case,... can’t afford to hire one, so the judge appoints a lawyer to represent her • Will the attorney ask Andrea to tell her side of the story? • Does Officer Daniels make the decision about whether to charge Andrea with a crime? • Can the attorney do anything to help Andrea if she tells the attorney that she committed the robbery? • How long does the government have to decide whether to charge Andrea with a... Up the Law 14 At the conclusion of Andrea’s arraignment, the judge schedules a date for a preliminary hearing • What is the purpose of a preliminary hearing? • Do Andrea and her lawyer have a right to be present at the preliminary hearing? • How can a preliminary hearing benefit the defense? See Chapter 16, Preliminary Hearings 15 At the conclusion of Andrea’s preliminary hearing, the judge finds there... at the scene and leave the issue of whether the officer had a legal basis for detaining you for the courts to determine at a later time 1/5 about from place to place without apparent business, such that the person poses a threat to public safety.” Under these laws, if a police officer sees a person loitering, the officer can demand identification and an explanation of the person’s activities If the. .. ultimately decides to talk b Might the police learn about any unrelated crimes I have committed as a result of the interview? People may talk to police officers because they are confident that they can demonstrate that they are not involved in the crimes that the officers are investigating However, they may unwittingly disclose information implicating themselves in other criminal activity Case Example:... that the police will distort their statements should insist that the police officers tape record the conversation or prepare a written summary of it for the person to sign The tape or summary minimizes a police officer’s opportunity to distort at a later time But there is a potential downside to having the statement recorded Once the words are on tape, a defendant will have to live with them if the . knowledgeable lawyer. If you want the help of a trained professional, consult an attorney licensed to practice in your state . 5th edition The Criminal Law Handbook Know. benefit from the advice and counsel of attorneys knowledgeable about the law and the ins and outs of the particular court where the case will be heard. The reasons why

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

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

      • Copyright

      • Dedication

      • Acknowledgments

      • Table of Contents

    • Introduction

      • Section I: How Can This Book Help You?

      • Section II: A Walk-Through of the Case of State v. Andrea Davidson, a Fictional obbery Prosecution

    • Chapter 1 Talking to the Police

      • Section I: Police Questioning of People Who Haven’t Been Taken Into Custody

      • Section II: Police Questioning of Arrestees

    • Chapter 2 Search and Seizure: When the Police Can Search for and Seize Evidence

      • Section I: The Constitutional Background

      • Section II: Search Warrants

      • Section III: Warrantless and Consent Searches

      • Section IV: Warrantless Searches and the Plain View Doctrine

      • Section V: Warrantless Searches That Are Incident to Arrest

      • Section VI: ¡° Stop and Frisk¡± Searches

      • Section VII: Searches of Car and Occupants

      • Section VIII: Warrantless Searches Under Emergency (Exigent) Circumstances

      • Section IX: Miscellaneous Warrantless Searches

    • Chapter 3 Arrest: When It Happens, What It Means

      • Section I: General Arrest Principles

      • Section II: Arrest Warrants

      • Section III: Warrantless Arrests

      • Section IV: Use of Force When Making Arrests

      • Section V: Citizens¡¯ Arrests

    • Chapter 4 Police Procedures to Help Eyewitnesses Identify Suspects

      • Section I: An Overview of Eyewitness Identification Procedures

      • Section II: Lineups

      • Section III: Showups

      • Section IV: Photo IDs

      • Section V: Motions to Suppress Identifications

    • Chapter 5 Booking and Bail: Checking In and Checking Out of Jail

      • Section I: The Booking Process

      • Section II: Arranging for Bail

      • Section III: Own

    • Chapter 6 From Suspect to Defendant: How Crimes Get Charged

      • Section I: Crime and Criminal Cases

      • Section II: To Charge or Not to Charge, That Is the Question

      • Section III: The Mechanics of Charging

      • Section IV: Grand Juries

      • Section V: Diversion

    • Chapter 7 Criminal Defense Lawyers: Who They Are, What They Do, How to Find One

      • Section I: Do I Need a Lawyer?

      • Section II: Court- Appointed Attorneys

      • Section III: Private Defense Attorneys

      • Section IV: Self- Representation

    • Chapter 8 Understanding the Attorney-Client Relationship in a Criminal Case

      • Section I: Confidentiality

      • Section II: Client- Centered Decision-Making

      • Section III: Lawyer- Client Communication

      • Section IV: Representing Guilty Defendants

      • Section V: Competent Clients

    • Chapter 9 A Walk Through Criminal Court

      • Section I: The Courthouse

      • Section II: The Courtroom

      • Section III: The Courtroom Players

      • Section IV: Courtroom Behavior

    • Chapter 10 Arraignments

      • Section I: Timing of Arraignments

      • Section II: Self- Representation at Arraignment

    • Chapter 11 Developing the Defense Strategy

      • Section I: Overview

      • Section II: How the Defendant’s Version of Events May Limit Defense Strategies

      • Section III: When Attorneys Ignore a Defendant’s Version of Events

      • Section IV: The Importance of Honesty in Developing a Defense Strategy

    • Chapter 12 Crimespeak: Understanding the Language of Criminal Laws

      • Section 1: Mens Rea

      • Section II: The Meaning of Frequently Used Legal Language

      • Section III: Derivative Criminal Responsibility

      • Section IV: 0Murder and Manslaughter

      • Section V: Rape

      • Section VI: Burglary

      • Section VII: Robbery

      • Section VIII: Theft

      • Section IX: Hate Crimes

      • Section X: The Patriot Act

    • Chapter 13 Defensespeak: Common Defenses to Criminal Charges

      • Section I: Prosecutor¡¯s Failure to Prove Guilt

      • Section II: ¡° Partial¡± Defenses

      • Section III: Self- Defense

      • Section IV: Alibi

      • Section V: Insanity

      • Section VI: Intoxication (Under the Influence of Drugs or Alcohol)

      • Section VII: Entrapment Question:

      • Section VIII: Jury Nullification

    • Chapter 14 Discovery: Exchanging Information With the Prosecution

      • Section I: Modern Discovery Policy

      • Section II: Discovery of Helpful Information

      • Section III: Discovery of Harmful Information

      • Section IV: Reciprocal Discovery

    • Chapter 15 Investigating the Facts

      • Section I: Interviewing Prosecution Witnesses

      • Section II: Finding and Prosecution Witnesses

      • Section III: Other Investigation Tasks and Their Costs

    • Chapter 16 Preliminary Hearings

      • Section I: What Preliminary Hearings Are and When They Are Held

      • Section II: Basic Rights During Preliminary Hearings

      • Section III: Common Defense and Prosecution Strategies at the Preliminary Hearing

    • Chapter 17 Fundamental Trial Rights of the Defense

      • Section I: The Defendant¡¯s Right to Due Process of Law

      • Section II: The Prosecution¡¯s Burden of Proof

      • Section III: The Defendant¡¯s Right to Remain Silent

      • Section IV: The Defendant’s Right to Confront Witnesses

      • Section V: The Defendant¡¯s (and the Media’s) Right to a Public Trial

      • Section VI: A Defendant¡¯s Right to a Jury Trial

      • Section VII: A Defendant¡¯s Right to Counsel

      • Section VIII: A Defendant¡¯s Right to a Speedy Trial

      • Section IX: The Defendant¡¯s Right Not to Be Placed in Double Jeopardy

    • Chapter 18 Basic Evidence Rules in Criminal Trials

      • Section I: Overview

      • Section II: Rules Regulating the Content of Testimony

      • Section III: Rules Regulating the Manner of Testimony

      • Section IV: Scientific Evidence

      • Section V: Privileged (Confidential) Information

    • Chapter 19 Motions and Their Role in Criminal Cases

      • Section I: The Basic Procedures

      • Section II: Common Pretrial Motions

      • Section III: Motions During Trial

      • Section IV: Motions After Trial

    • Chapter 20 Plea Bargains: How Most Criminal Cases End

      • Section I: Plea Bargaining— The Basics

      • Section II: The Pros and Cons of Plea Bargains

      • Section III: The Plea Bargaining Process

      • Section IV: The Strategy of Negotiating Plea Bargains

    • Chapter 21 The Trial Process

      • Section I: Summary of the Trial Process

      • Section II: Choosing a Judge or Jury Trial

      • Section III: Jury Voir Dire

      • Section IV: Motions in Limine

      • Section V: Opening Statements

      • Section VI: Prosecution¡¯s Case-in-Chief

      • Section VII: Direct Examination of Witnesses

      • Section VIII: Cross-Examination

      • Section IX: Defense Motion to Dismiss

      • Section X: Defendant¡¯s Case-in-Chief

      • Section XI: Closing Argument

      • Section XII: Instructing the Jury

      • Section XIII: Jury Deliberations and Verdict

    • Chapter 22 Sentencing: How the Court Punishes Convicted Defendants

      • Section I: Overview of Sentencing

      • Section II: Sentencing Procedures

      • Section III: Sentence Options

      • Section IV: The Death Penalty

    • Chapter 23 Appeals: Seeking Review by a Higher Court

      • Section I: Appeals

      • Section II: Writs

    • Chapter 24 How the Criminal Justice System Works: A Walk Through Two Drunk Driving Cases

      • Section I: Questions and Answers About DUI (Driving Under the Influence)

      • Section II: DUI Case Examples

    • Chapter 25 Juvenile Courts and Procedures

      • Section I: A Brief History of U.S. Juvenile Courts

      • Section II: Juvenile Court Jurisdiction

      • Section III: Deciding Whether to File Charges

      • Section IV: The Right to Counsel and Other Constitutional Rights

      • Section V: Trying Juveniles As Adults

      • Section VI: Sentencing (Disposition) Options

      • Section VII: Sealing Juvenile Court Records

    • Chapter 26 Prisoners¡¯ Rights

      • Section I: Prisons and Prisoners’ Rights

      • Section II: Legal Resources for Prisoners and Their Families

      • Section III: Parole

      • Section IV: Pardons

    • Chapter 27 Looking Up the Law

      • Section I: What to Research

      • Section II: Where to Do Research

      • Section III: Glossary

    • Index

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