CRIMINAL JUSTICE PROCEDURE - TEXT DISCUSSION, 2D ED.

• NCJ Number: 48375
• Author(s): R L CARLSON
• Date Published: 1978
• Length: 382 pages
• Corporate Author: Anderson Publishing Co
• Sale Source: Anderson Publishing Co
• Language: English
• Country: United States of America
• Note: CRIMINAL JUSTICE STUDIES

Annotation

THIS TEXT EXPLORES THE ADVERSARY SYSTEM OF CRIMINAL JUSTICE -- THE VARIOUS STEPS WHICH PRECEDE TRIAL, THE TRIAL PROCESS ITSELF, RULES CONTROLLING POSTTRIAL PROCEEDINGS, AND THE PROBATION AND PAROLE PROCESS.

Abstract

THE BOOK IS INTENDED PRIMARILY TO PROVIDE USEFUL GUIDELINES FOR POLICE, PROSECUTORS, PROBATION OFFICERS, AND OTHER LAW ENFORCEMENT OFFICIALS. AN OVERVIEW OF THE U.S. CRIMINAL JUSTICE SYSTEM AND AN OUTLINE OF THE MANY STEPS IN A CRIMINAL PROSECUTION PROVIDE A FRAMEWORK FOR FURTHER DISCUSSION. THE PRELIMINARY HANDLING OF A CRIMINAL CASE, FROM ARREST AND SEARCH THROUGH THE PRELIMINARY HEARING, IS REVIEWED; LEGAL CONSIDERATIONS INVOLVED IN SETTING THE HEARING, ADMITTING EVIDENCE, AND APPOINTING COUNSEL ARE POINTED OUT. BAIL AND PRETRIAL RELEASE, TYPES OF BAIL, AND FACTORS IN SETTING BAIL ARE EXAMINED SEPARATELY. THE FINAL PRETRIAL STEPS -- INDICTMENT, ARRAIGNMENT, AND THE GUILTY PLEA (IN SOME CASES), AS WELL AS THE CONTROVERSY SURROUNDING PLEA BARGAINING -- ARE DISCUSSED. THE ACTUAL CRIMINAL TRIAL PROCESS IS TRACED STEP BY STEP; THE DISCUSSION INCLUDES SUCH POINTS AS RULES OF EVIDENCE, CONSTITUTIONAL PRIVILEGE, INSTRUCTIONS TO THE JURY, AND VARIOUS MOTIONS. SUGGESTIONS AND RULES OF CONDUCT ARE ALSO GIVEN FOR LAW ENFORCEMENT OFFICERS WHO APPEAR AS WITNESSES. THE LATEST THINKING ON SENTENCING AND CORRECTIONS (AS OF 1978) IS DISCUSSED, INCLUDING SUCH AREAS AS SENTENCING REFORMS, CAPITAL PUNISHMENT DECISIONS, VICTIM COMPENSATION, AND RIGHTS OF THE ACCUSED. THE APPEALS PROCESS, THE APPELLATE COURT STRUCTURE AND FUNCTION, AND THE WORKING OF THE U.S. SUPREME COURT ARE EXAMINED, AS WELL AS THE PETITION FOR A WRIT OF HABEAS CORPUS AND OTHER SPECIAL POSTTRIAL REMEDIES. SPECIAL PROBLEMS WHICH MAY ARISE IN TRYING A CRIMINAL CASE, SPECIFICALLY THOSE OF TRIAL LOCATION, EXTRADITION OF THE DEFENDANT, AND THE PROTECTION AGAINST DOUBLE JEOPARDY, ARE ANALYZED. FINALLY, SPECIAL MISCELLANEOUS PROCEEDINGS -- JUVENILE PROCEEDINGS, MISDEMEANOR TRIALS, DAMAGE SUITS AGAINST POLICE, AND SUITS INVOLVING PRISONER' RIGHTS -- ARE DISCUSSED ALONG WITH THEIR UNIQUE CONSIDERATIONS. RECENT APPROPRIATE U.S. SUPREME COURT CASES ARE CITED THROUGHOUT THE TEXT. A TOPICAL INDEX IS PROVIDED. FOR A SECOND VOLUME ON JUDICIAL DECISIONS, SEE NCJ-48338. (VDA)