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 |
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ix | |
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Historical Development of Law and the Justice System |
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1 | (37) |
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The Early Development of Laws |
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1 | (3) |
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4 | (1) |
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4 | (1) |
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Classification of Crimes and Punishment |
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4 | (1) |
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5 | (1) |
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6 | (15) |
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21 | (4) |
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25 | (1) |
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26 | (2) |
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28 | (1) |
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29 | (9) |
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38 | (15) |
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History and Purpose of the Fourth Amendment |
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38 | (2) |
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40 | (1) |
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Fruits of the Poisonous Tree Doctrine |
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41 | (1) |
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Protected Areas and Interests |
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42 | (1) |
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Expectations of Privacy Zone |
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42 | (1) |
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Exceptions to the Fourth Amendment |
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43 | (4) |
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Inspections and Regulatory Searches |
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47 | (1) |
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48 | (1) |
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49 | (4) |
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53 | (25) |
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Arrest of the Law Violator |
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53 | (2) |
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55 | (1) |
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Stop and Frisk and Other Detentions |
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56 | (2) |
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Territorial Jurisdiction to Make an Arrest |
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58 | (3) |
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Force in Effecting an Arrest |
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61 | (4) |
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65 | (3) |
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68 | (1) |
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69 | (1) |
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70 | (2) |
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72 | (1) |
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72 | (6) |
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78 | (23) |
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Purpose of the Initial Appearance |
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78 | (4) |
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82 | (1) |
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83 | (6) |
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89 | (1) |
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90 | (11) |
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101 | (24) |
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101 | (8) |
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109 | (6) |
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115 | (3) |
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Grants of Immunity for Witnesses |
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118 | (1) |
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118 | (3) |
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121 | (4) |
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Place and Time of the Trial |
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125 | (15) |
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125 | (1) |
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125 | (2) |
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127 | (7) |
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134 | (6) |
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140 | (22) |
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Bench Trial versus Jury Trial |
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147 | (1) |
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147 | (8) |
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155 | (7) |
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Confrontation and Assistance of Counsel |
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162 | (24) |
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The Presence of the Defendant at a Trial |
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162 | (5) |
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167 | (12) |
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179 | (7) |
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Pretrial Motions, Hearings, and Plea Negotiations |
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186 | (21) |
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Pretrial Right of Discovery |
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186 | (4) |
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The Motion to Suppress Evidence |
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190 | (2) |
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The Motion to Dismiss Charges |
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192 | (1) |
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The Motion for Continuance |
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192 | (2) |
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The Motion for Severance of Offenses |
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194 | (1) |
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195 | (1) |
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The Motion to Determine Competency |
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196 | (1) |
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197 | (1) |
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197 | (5) |
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202 | (5) |
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The Trial: Roles of Major Participants |
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207 | (21) |
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207 | (2) |
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209 | (4) |
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The Victim and the Perpetrator |
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213 | (1) |
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213 | (3) |
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The State Attorney General |
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216 | (1) |
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216 | (2) |
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218 | (1) |
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219 | (1) |
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219 | (1) |
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219 | (1) |
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219 | (9) |
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228 | (26) |
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228 | (1) |
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228 | (3) |
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The Jury Panel or Jury List |
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231 | (4) |
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235 | (5) |
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Challenging the Jurors for Cause |
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240 | (1) |
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240 | (4) |
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244 | (1) |
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245 | (1) |
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The Future of the Jury System |
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246 | (1) |
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246 | (8) |
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254 | (33) |
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254 | (1) |
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255 | (2) |
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257 | (2) |
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259 | (1) |
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260 | (8) |
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268 | (2) |
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Rebuttal by the Prosecution |
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270 | (1) |
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Not Guilty by Reason of Insanity |
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271 | (7) |
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278 | (2) |
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280 | (7) |
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Instructions and Deliberation of the Jury |
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287 | (11) |
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287 | (2) |
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289 | (9) |
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298 | (17) |
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298 | (7) |
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305 | (3) |
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Appellate Court Citations |
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308 | (2) |
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310 | (5) |
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315 | (31) |
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315 | (5) |
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Types of Sentencing and Sentences |
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320 | (8) |
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328 | (10) |
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338 | (2) |
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340 | (6) |
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346 | (8) |
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346 | (4) |
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350 | (4) |
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354 | (16) |
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The Historical Perspective |
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354 | (4) |
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358 | (2) |
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360 | (3) |
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363 | (7) |
Appendix A Outline of Trial Procedure |
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370 | (2) |
Appendix B Psychological Report on the Issue of Insanity |
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372 | (2) |
Appendix C Motion for the Production and Inspection of Evidence and Information Which May Lead to Evidence |
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374 | (2) |
Appendix D The Judge's Instructions to the Jury in a Criminal Case |
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376 | (5) |
Subject Index |
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381 | (8) |
Case Index |
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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.