NCJ Number
61731
Date Published
1978
Length
134 pages
Annotation
RIGHTS OF THE INDIVIDUAL IN RELATION TO THE AMERICAN CRIMINAL JUSTICE SYSTEM ARE SURVEYED IN THIS HANDBOOK FOR THE NONLAWYER. DISCUSSION COVERS STATE AND FEDERAL LAWS AS THEY APPLY IN REAL SITUATIONS.
Abstract
PERTINENT INFORMATION IN 14 MAJOR CATEGORIES IS PRESENTED IN A QUESTION-AND-ANSWER FORMAT. IN THE AREA OF SEARCH AND SEIZURE, THE POLICE GENERALLY HAVE NO RIGHT TO MAKE UNREASONABLE SEARCHES OF CITIZENS AND THEIR PROPERTY OR TO SEIZE THEIR PROPERTY. WHEN POLICE OFFICERS PLAN A SEARCH, THEY MUST GET A SEARCH WARRANT ISSUED BY A JUDGE. HOWEVER, AS POINTED OUT, THERE ARE EXCEPTIONS TO THIS RULE. THE ILLEGAL POSSESSION AND DISTRIBUTION OF NARCOTICS ARE TWO OF THE CRIMES MOST COMMONLY COMMITTED IN AMERICA. FEDERAL AND STATE LAWS ARE DESIGNED TO CONTROL SEVERAL CATEGORIES OF DRUGS: CATEGORY 1, HARD DRUGS; CATEGORY 2, NARCOTIC DRUGS AVAILABLE FROM PHARMACIES; CATEGORY 3, STIMULANTS AND COMMONLY PRESECRIBED NARCOTICS; CATEGORY 4, DEPRESSANTS, SUCH AS TRANQUILIZERS AND BARBITURATES; AND CATEGORY 5, MILDLY NARCOTIC DRUGS. LAWS CONCERNING ALL THESE CATEGORIES ARE DISCUSSED. WEAPONS LAWS ARE EXAMINED, BOTH ON THE FEDERAL AND STATE LEVELS, AND THE DISCUSSION EMPHASIZES THAT, CONTRARY TO POPULAR BELIEF, NO ABSOLUTE RIGHT EXISTS TO KEEP AND BEAR ARMS. LEGAL AND ILLEGAL ARRESTS, THE CITIZEN'S ARREST, THE EFFECTS OF AN UNLAWFUL ARREST, AND SUMMARY PROCEEDINGS ARE EXPLAINED. ALSO DISCUSSED ARE 'VOLUNTARY' STATEMENTS, INCLUDING 'MIRANDA' RIGHTS, THE FIFTH AMENDMENT, THE RIGHT TO REMAIN SILENT, AND GRANTS OF IMMUNITY. THE RELATIONSHIP OF A CLIENT AND LAWYER IN A CRIMINAL ACTION IS EXPLAINED. AN INDIVIDUAL'S RIGHTS DURING THE PROCESS OF BEING BOOKED, FINGERPRINTED, AND PHOTOGRAPHED, AS WELL AS CAUTIONS ABOUT WHAT TO AVOID DOING, ARE PRESENTED. QUESTIONS CONCERNING BAIL, SUCH AS HOW BAIL IS DETERMINED, HOW MUCH CASH MUST BE POSTED, AND WHAT HAPPENS IF A PERSON SKIPS BAIL, ARE COVERED. THE PROCEDURES BEFORE AND DURING A TRIAL, AS WELL AS THE PERSON'S CONSTITUTIONAL RIGHTS AT THIS TIME, ARE DISCUSSED IN DETAIL. THE SENTENCING PROCESS IS EXPLAINED, WITH MAJOR AREAS OF CONCERN HIGHLIGHTED, INCLUDING PRESENTENCE INVESTIGATIONS, THE JUDICIAL DECISIONMAKING PROCESS, PROBATION, RESTITUTION AND IMPRISONMENT, AND ETIQUETTE AT THE HEARING. ALSO EXAMINED ARE LAWS APPLYING TO THE JUVENILE OFFENDER, THE DISADVANTAGES OF HAVING A PRIOR CRIMINAL RECORD, AND CIVIL AND CRIMINAL COMPLAINTS AGAINST THE POLICE. TWO SAMPLE AFFIDAVITS AND APPENDIXES CONTAINING THE CONSTITUTION, WEAPONS LAWS, AND MARIHUANA LAWS ARE PROVIDED. (PRG)