NCJ Number
49834
Date Published
1977
Length
299 pages
Annotation
AN INDEPTH DESCRIPTION OF THE PROCEDURAL DUE PROCESS FROM THE TIME AN OFFENSE IS COMMITTED TO THE TIME A CONVICTED OFFENDER SERVES A SENTENCE AND REENTERS SOCIETY IS PRESENTED.
Abstract
THE OBJECTIVES OF THIS MATERIAL ARE TO REVEAL TO POLICE AND OTHER LAW ENFORCEMENT AGENTS THE DEVELOPMENTS OF TRIAL PRACTICE, THE LEGAL MOVES AVAILABLE TO THE PROSECUTOR AND THE DEFENSE, AND THE REASONS FOR PROCEDURES AND PROCESSES THAT CONSTITUTE A FAIR TRIAL FOR BOTH THE DEFENDANT AND PROSECUTION. THE RELATIONSHIP BETWEEN THE CLIENT AND THE ATTORNEYS IS REVIEWED, AND STEPS TO BE TAKEN TO PREVENT A MISCARRIAGE OF JUSTICE ARE OUTLINED. SECTIONS CONSIDER BOTH THE PROSECUTOR'S INVESTIGATION AND THE DEFENSE INVESTIGATION. PRETRIAL COURT APPEARANCES FOR BOTH THE PROSECUTION AND DEFENSE PARTIES ARE DISCUSSED, AND EMPHASIS IS ON INITIATIVES OPEN TO THE PARTIES IN ANSWER TO THE PROSECUTOR'S ACCUSATORY PLEADING. THE CORE OF THE TEXT DEALS WITH THE TRIAL; IT DESCRIBES THE ROLES OF THE JUDGE, JURY, WITNESSES, PROSECUTOR, DEFENDANTS, AND DEFENSE COUNSEL AND THEIR RELATIONSHIPS TO THE CRIMINAL PROCEEDING, FROM JURY SELECTION TO VERDICT. TRIAL TACTICS AND LEGAL ASPECTS OF EVIDENCE ARE CONSIDERED. SENTENCING AND POST-CONVICTION REVIEW IS DISCUSSED, AND POSSIBILITIES OPEN TO THE DEFENSE COUNSEL AND PROSECUTOR AFTER A GUILTY VERDICT ARE DESCRIBED. A CHAPTER FOCUSES ON JUVENILE PROCEEDINGS AND JUVENILE COURTS, AND THE CONCLUDING SECTION CONSIDERS PRISONER'S RIGHTS, SUMS UP THE CASE LAW THAT ENSURES THE RIGHTS OF PRISONERS, PAROLEES, AND PROBATIONERS, AND REVIEWS LEGAL REMEDIES AGAINST CRUEL AND UNUSUAL PUNISHMENT. APPENDIXES CONTAIN FEDERAL RULES OF CRIMINAL PROCEDURE, A GLOSSARY OF LEGAL TERMS, AND A LIST OF BIBLIOGRAPHICAL REFERENCES. AN INDEX IS INCLUDED. (DAG)