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Criminal Law and Procedure

by: Bacigal, Ronald J.

Criminal Law and Procedure

by: Bacigal, Ronald J.

ISBN 13:
9780766830837
ISBN 10:
0766830837
Edition: 2nd
Format: Paperback
Copyright: 08/27/2001
Publisher: Cengage Learning
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Summary

Criminal Law and Procedure: An Introduction, 2nd Edition is an excellent resource for anyone interested in the practice and theory of criminal law. Written primarily for paralegal, legal studies, and criminal justice students at the college level, this book also serves as an excellent introductory guide for anyone preparing for a career in law.

Table of Cases

xvii

Preface

xxix

Introduction

(1)

Overview of a Criminal Case

(3)

Pre-arrest Investigation

(1)

Arrest

(1)

Booking Process

(1)

First Appearance Before a Judicial Officer

(1)

Preliminary Hearing

(1)

Grand Jury Indictment

(1)

Arraignment and Plea

(1)

Pretrial Motions

(1)

Trial

(1)

Sentencing

(1)

Appeal and Habeas Corpus

(1)

Criminal Justice Professionals

(4)

Law Enforcement Agencies

(1)

Prosecutional Agencies

(1)

Defense Bar

(1)

Courts

(1)

Coroners

(1)

Magistrates

(1)

Court Clerks

(1)

Probation Officers

(1)

Paralegals

(1)

Summary

(2)

PART I Substantive Criminal Law

(132)

Defining and Proving Crimes

(16)

The Purposes of Criminal Law

(1)

Theories of Punishment

(1)

The Sources of Criminal Law

(8)

Common Law

(2)

Model Penal Code

(1)

Statutory Law

(3)

Administrative Regulations

(1)

Constitutional Limitations

(2)

Proving the Crime

(4)

Burden of Proof

(2)

Burden of Proof on Subordinate Issues

(1)

Presumptions and Permissible Inferences

(1)

Summary

(2)

Essential Elements of Crimes

(16)

A Definition of Crime

(2)

Social Harm

(2)

The Physical Act

(3)

Evil Thought

(1)

Express Thought

(1)

Request

(1)

Agreement

(1)

Attempt

(1)

Consummation

(1)

Summary

(1)

Mental State (Mens Rea)

(4)

An Example of Assessing Mens Rea

(3)

Summary

(1)

Causation

(2)

Factual Cause

(1)

Legal Cause

(1)

Summary

(2)

Parties to a Crime and Inchoate Offenses

(18)

Parties to a Crime

(6)

Perpetrators

(2)

Aiders and Abettors

(1)

Accessories Before the Fact

(2)

Accessories After the Fact

(1)

Inchoate Crimes

(7)

Solicitation

(1)

Attempt

(2)

Impossibility

(1)

Abandonment

(1)

Conspiracy

(3)

Liability of Conconspirators

(1)

Summary

(4)

Defenses

(20)

Compulsion, Necessity, and Duress

(4)

Necessity

(1)

Duress

(1)

Mistake as a Defense

(2)

Mistake of Fact

(1)

Mistake of Law

(1)

Intoxication

(1)

Insanity

(3)

Competency to Stand Trial

(1)

Mental Illness at the Time of Punishment

(1)

Insanity as a Defense

(2)

Guilty but Mentally Ill

(1)

Justifiable Use of Force

(5)

Self-Defense

(3)

Defense of Others

(1)

Defense of Property and Habitation

(1)

Forcible Arrest and Force Used to Resist Arrest

(1)

Entrapment

(2)

Summary

(3)

Crimes Against a Person

(27)

Criminal Homicide

(11)

Suicide

(1)

Murder

(4)

Manslaughter

(4)

Other Forms of Homicide

(1)

Assault and Battery

(3)

Battery

(1)

Assault

(1)

Aggravated Assault and Battery

(1)

Robbery

(2)

Violent Sex Crimes

(3)

Rape

(3)

Kidnapping and False Imprisonment

101

(1)

Civil Rights and Hate Crimes

102

(2)

Civil Rights Statutes

102

(1)

Hate Crimes

103

(1)

Summary

104

(4)

Crimes Against Property and Habitation

108

(17)

Theft of Private Property

109

(8)

Larceny

109

(3)

Embezzlement

112

(1)

False Pretenses

113

(2)

Receiving Stolen Property

115

(2)

Crimes Against Habitation

117

(5)

Burglary

117

(3)

Arson

120

(2)

Summary

122

(3)

Crimes Against Public Order and Public Morality

125

(16)

Disorderly Conduct

126

(3)

Unlawful Assembly and Riot

129

(1)

Public Intoxication

130

(2)

Driving Under the Influence

131

(1)

Drug Crimes

132

(2)

Nonviolent Sex Offenses

134

(3)

Summary

137

(4)

PART II Criminal Procedure

141

Introduction to Procedure and the Right to Counsel

143

The Purpose of Procedure

144

The Crime Control Model

144

The Due Process Model

145

Sources of Procedural Law

146

Stages of a Criminal Prosecution

147

Investigatory Stage

147

Adjudicatory Stage

148

The Right to Counsel

148

The Right to Counsel at Critical Stages

148

Indigents' Right to Counsel

149

Waiver of Counsel and the Right of Self-Representation

152

Standby Counsel

153

Withdrawal of Counsel

153

Effective Assistance of Counsel

154

Representation of Multiple Clients

155

Attorney-Client Communications

155

Attorney-Client Privilege

156

Contract to Retain Counsel

156

Summary

157

Seizures of a Person and Identification Procedures

160

Arrests

161

Arrest Warrants

161

Warrantless Arrests

164

Consequences of an Illegal Arrest

166

Temporary Detention

166

Definition of a Temporary Detention

168

Grounds for a Detention

170

Grounds for an Investigation

172

Scope of the Investigation

173

Identification Procedures

174

Lineups and Showups

175

Due Process and Impermissible Suggestiveness

176

Right to Counsel at Lineups

178

Excluding Identification Evidence at Trial

180

Voice Identification

180

Scientific Identifications

181

Summary

183

Search and Seizure of Property

186

Reasonable Search and Seizures

187

Definition of a Search

187

Probable Cause for a Search

191

Execution of a Search Warrant

198

Warrantless Searchs

199

Search Incident to Arrest

199

Automobile Searches

201

Consent Searches

204

Searches Under Exigent Circumstances

207

Administrative Searches

208

Summary

209

Government Monitoring of Communications and the Fourth Amendment Exclusionary Rule

213

Government Eavesdropping

214

Warrantless Eavesdropping

214

Warrantless Electronic Eavesdropping

215

Court-Ordered Electronic Eavesdropping

216

The Exclusionary Rule

218

The Purpose of the Exclusionary Rule

218

Government Participation in Illegal Searches

220

Standing to Invoke the Exclusionary Rule

221

Derivative Evidence: ``The Fruit of the Poisonous Tree''

222

Collateral Use of Illegally Seized Evidence

225

Good Faith Exception to the Exclusionary Rule

225

Disposition of Seized Property

226

Summary

227

Interrogation and Self-Incrimination

231

Confessions

232

Voluntariness of Confessions

232

The Miranda Decision

234

Custody for Purposes of Miranda

235

Interrogation Within the Meaning of Miranda

236

Waiver of Miranda Rights

239

Sixth Amendment Right to Counsel

240

Corroboration of Confessions

242

Suppression of Illegally Obtained Confessions

242

Third-Party Confessions

243

Self-Incrimination

244

The Privilege Against Self-Incrimination

244

Compulsion

244

Incrimination

246

Testimonial Communications

246

Invoking the Fifth Amendment Privilege

247

Waivers and Grants of Immunity

247

Consequences of Asserting the Privilege

248

Summary

249

Preliminary Stages of the Prosecution

253

Perterial Release and Bail

254

Bail Reform

255

Violation of Pretrial Release Conditions

259

Preliminary Hearing

260

Discovery

261

Future Impeachment of Witnesses

261

Preservation of Testimony

261

Grand Jury Review

262

Selection of the Grand Jury

263

Scope of Grand Jury Investigations

264

Witnesses' Rights Before a Grand Jury

265

Grand Jury Secrecy

266

Perfecting the Charge

266

Identifying the Accused

266

Describing the Offense Charged

267

Identifying the Place the Offense Was Committed

267

Stating the Time of the Offense

268

Duplicity, Joinder, and Charging in the Alternative

268

Amending the Indictment

269

Bill of Particulars

269

Summary

270

Pretrial Motions

273

Overview of Pretrial Motions

274

Discovery

274

Scope of Discovery

275

Constitutional Discovery

277

Discovery Orders Against the Victims or Third Parties

278

Prosecution's Right to Discovery

282

Remedies for Violation of Discovery Orders

283

Statutes of Limitations

284

Speedy Trial

284

Double Jeopardy

287

Legislative Intent

288

Separate Transactions

289

Separate Sovereigns

289

Collateral Estoppel

289

Severance of Offenses and/or Parties

290

Joinder and Severance of Offenses

290

Joinder and Severance of Defendants

292

Motion to Change Venue

292

Summary

294

Trial

297

Right to a Fair and Public Trial

298

Arraignment

300

Entry of the Plea and Plea Agreements

300

Amazon no longer offers textbook rentals. We do!

Criminal Law and Procedure

Criminal Law and Procedure

9780766830837

0766830837

Summary

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

Criminal Law and Procedure

Criminal Law and Procedure

9780766830837

0766830837

Summary

Table of Contents

Supplemental Materials

Write a Review

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