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Justice - Due Process of Law

NCJ Number
96464
Author(s)
I Starr
Date Published
1981
Length
275 pages
Annotation
This text examines the rights considered essential by the U.S. Supreme Court for the accused in a criminal proceeding, a juvenile in a delinquency proceeding, and a student in a school or administrative hearing to be assured due process of law.
Abstract
Various courtroom settings -- local, State, and Federal trial courts and State and Federal appellate courts -- are described; the roles of the judge, the prosecutor, the defendant, and the defense attorney are identified. Further, the duties of the court reporter, bailiff, clerk, witnesses, and victim are identified. The audience at the trial is considered; the stages of the trial are explained; and attention is focused on lawyers' objections, admissibility of evidence and testimony, the Miranda rule, and the exclusionary rule. The duties of jurors are addressed, and the role of the grand jury and the petit jury are explored. The use of plea bargaining is considered and the types of punishment prohibited by the eighth amendment are noted. The constitutionality of capital punishment is analyzed, and due process guidelines for imposing the death penalty are presented. Juvenile due process rights are considered, and the transfer of juvenile cases to criminal courts is described. Finally, school suspensions and expulsions are explored, and the use of corporal punishment in the schools is considered. A glossary, table of cases, 44 references, and approximately 75 illustrations are included. Appendixes include constitutional amendments cited in the text and an analysis of the Mapp v. Ohio decision.

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