NCJ Number
62782
Date Published
1978
Length
296 pages
Annotation
FUNDAMENTAL PRINCIPLES AND RULES OF CRIMINAL PROCEDURE ARE PRESENTED, AS USED BY JUDGES, LAWYERS, PROFESSORS, AND STUDENTS; TOPICS OF THIS REFERENCE WORK INCLUDE DISMISSALS, EXTRADITION, APPEALS, AND MOTIONS.
Abstract
TOPICS PRESENTED ALSO INCLUDE THE CLIENT'S CALL FROM JAIL, JURISDICTION AND VENUE, STATUTES OF LIMITATIONS, ARRESTS, AND BAIL. DISCUSSION FOCUSES ON MAJOR POINTS RELATIVE TO THE SUBJECT AREA. FOR EXAMPLE, THE TEXT SPECIFIES THAT THE ATTORNEY IS NOT SUMMONED UNTIL AFTER AN ARREST TAKES PLACE. FREQUENTLY, THE SUMMONS IS A TELEPHONE CALL THAT THE CLIENT IS IN JAIL AND NEEDS ASSISTANCE. IT IS IMPORTANT THAT THE ATTORNEY ASCERTAINS WHICH JAIL IS HOLDING THE CLIENT, TALKS TO THE CLIENT IN PERSON, AND INSTRUCTS THE CLIENT NOT TO DISCUSS THE CASE WITH ANYONE. THE REQUIREMENT THAT A PRISONER BE ALLOWED TO CONFER WITH AN ATTORNEY MUST BE HONORED EVEN THOUGH A DEFENDANT HAS NOT BEEN BOOKED. BAIL SCHEDULES ARE SET BY A MAJORITY VOTE OF JUDGES IN EACH COUNTY. FOLLOWING THIS LEVEL OF DETAIL THROUGHOUT, THE DISCUSSION IS ILLUSTRATED BY CASE EXAMPLES AND APPROPRIATE CITATIONS TO THE PENAL CODE AND OTHER LAWS AND STATUTES. ALSO PRESENTED ARE DISCUSSIONS OF THE GRAND JURY, CRIMINAL PROCEEDINGS AGAINST CORPORATIONS, ACCUSATORY PLEADINGS, FELONY ARRAIGNMENTS AND PRELIMINARY HEARINGS, AND DISPOSITION OF CASES THROUGH METHODS OTHER THAN TRIAL. REMAINING CHAPTERS FOCUS ON PRETRIAL MOTIONS, NEW TRIALS, THE DEATH PENALTY, WRIT OF HABEAS CORPUS, JUVENILE PROCEDURES, PROBATION, AND PAROLE VIOLATIONS. AN INDEX AND FORMS ARE INCLUDED IN THE WORK. (LWM)