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

Cover
Title Page
Table of Contents
Your Legal Companion
Introduction: A Walk-Through of the Case of State v. Andrea Davidson, a Fictional Robbery Prosecution
1: Talking to the Police
	Police Questioning of People Who Haven’t Been Taken Into Custody
	Police Questioning of Arrestees
2: Search and Seizure
	The Constitutional Background
	Search Warrants
	Consent Searches
	The Plain View Doctrine
	Warrantless Searches Incident to Arrest
	“Stop and Frisk” Searches
	Searches of Cars and Occupants
	Warrantless Searches or Entries Under Emergency (Exigent) Circumstances
	Miscellaneous Warrantless Searches
3: Arrest: When It Happens, What It Means
	General Arrest Principles
	Arrest Warrants
	Warrantless Arrests
	Use of Force When Making Arrests
	Citizens’ Arrests
4: Eyewitness Identification: Psychology and Procedures
	An Overview of Eyewitness Identification Procedures
	The Psychology of Eyewitness Identification
	Lineups
	Showups
	Photo (Mug Shot) Identifications
	Motions to Suppress Identifications
5: Booking and Bail: Checking In and Out of Jail
	The Booking Process
	Arranging for Bail
	Own Recognizance Release (Release O.R.)
6: From Suspect to Defendant
	Crime and Criminal Cases
	To Charge or Not to Charge, That Is the Question
	The Mechanics of Charging
	Grand Juries
	Diversion
7: Criminal Defense Lawyers
	Should a Defendant Have a Lawyer?
	Court-Appointed Defense Attorneys
	Private Defense Attorneys
	Self-Representation
8: Understanding the Attorney-Client Relationship in a Criminal Case
	Confidentiality
	Client-Centered Decision Making
	Keeping Clients “In the Know”
	Representing Guilty Defendants
	Competent Clients
9: A Walk Through Criminal Court
	The Courthouse
	The Courtroom
	The Courtroom Players
	Courtroom Behavior
10: Arraignment
	Arraignment Basics
	Self-Representation at Arraignment
11: Developing the Defense Strategy
	Overview
	How the Defendant’s Version of Events May Limit Defense Strategies
	When Attorneys Ignore a Defendant’s Version of Events
	The Importance of Honesty in Developing a Defense Strategy
12: Criminal Laws and Their Language
	Mens Rea
	The Meaning of Frequently Used Legal Language
	Derivative Criminal Responsibility
	Murder and Manslaughter
	Sexual Violence
	Assault and Battery
	Motor Vehicle Crimes
	Narcotics Offenses
	Burglary
	Robbery
	Theft
	Hate Crimes
	White-Collar Crimes
13: Common Defenses to Criminal Charges
	Prosecutor’s Failure to Prove Guilt
	“Partial” Defenses
	Self-Defense
	Alibi
	Insanity
	Duress
	Necessity
	Intoxication (Under the Influence of Drugs or Alcohol)
	Entrapment
	Jury Nullification
14: Discovery: Exchanging Information With the Prosecution
	Modern Discovery Policy
	Discovery of Information Helpful to the Defense
	Discovery of Harmful Information
	Reciprocal Discovery
15: Investigating the Facts
	Interviewing Prosecution Witnesses
	Finding and Interviewing Defense Witnesses
16: Preliminary Hearings
	An Overview of Preliminary Hearings
	Defense Rights During Preliminary Hearings
	Common Defense and Prosecution Strategies
17: Fundamental Trial Rights of the Defense
	The Defendant’s Right to Due Process of Law
	The Prosecution’s Burden of Proof
	The Defendant’s Right to Remain Silent
	The Defendant’s Right to Confront Witnesses
	The Defendant’s (and the Media’s) Right to a Public Trial
	A Defendant’s Right to a Jury Trial
	A Defendant’s Right to Counsel
	A Defendant’s Right to a Speedy Trial
	The Defendant’s Right Not to Be Placed in Double Jeopardy
18: Basic Evidence Rules in Criminal Trials
	Overview
	Rules Regulating the Content of Testimony
	Rules Regulating the Manner of Testimony
	Expert Witnesses, Scientific Evidence, and Specialized Knowledge
	Privileged (Confidential) Information
19: Motions and Their Role in Criminal Cases
	Basic Procedures
	Pretrial Motions
	Motions During Trial
	Posttrial Motions
20: Plea Bargains: How Most Criminal Cases End
	Plea Bargaining—Terminology and Timing
	The Pros and Cons of Plea Bargains
	The Plea Bargaining Process
	The Strategy of Negotiating Plea Bargains
21: The Trial Process
	Summary of the Trial Process
	Choosing a Judge or Jury Trial
	Jury Voir Dire
	Motions in Limine
	Opening Statements
	Prosecution’s Case-in-Chief
	Direct Examination of Witnesses
	Cross-Examination
	Defense Motion to Dismiss
	Defendant’s Case-in-Chief
	Closing Argument
	Instructing the Jury
	Jury Deliberations and Verdict
22: Sentencing
	Overview of Sentencing
	Sentencing Procedures
	Sentence Options
	Community Service
	Miscellaneous Alternative Sentences
	The Death Penalty
23: Appeals and Writs
	The Appeal Process
	Writs
24: Victims and Their Rights
	Victims and the Criminal Justice System
	Pretrial Processes
	The Trial-and-Sentencing Process
	Posttrial Processes
25: The System at Work: DUI Laws and Processes
	DUI (Driving Under the Influence)
	DUI Case Examples
26: Juvenile Courts and Procedures
	A Brief History of U.S. Juvenile Courts
	Juvenile Court Jurisdiction
	Deciding Whether to File Charges
	The Right to Counsel and Other Constitutional Rights
	Trying Juveniles as Adults
	Sentencing (Disposition) Options
	Sealing Juvenile Court Records
27: Prison Rules
	A System of Limited Rights
	Legal Resources for Prisoners and Their Families
	Parole
	Pardons
Glossary
Index
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