The Criminal Law Handbook

Introduction: A Walk-Through of the Case of State v. Andrea Davidson, a Fictional Robbery Prosecution

1. Talking to the Police

• Police Questioning of People Who Haven’t Been Taken Into Custody
• Police Questioning of Arrestees

2. Search and Seizure

• The Constitutional Background
• Search Warrants
• Consent Searches
• The Plain View Doctrine
• Warrantless Searches Incident to Arrest
• “Stop and Frisk” Searches
• Searches of Cars and Occupants
• Warrantless Searches or Entries Under Emergency (Exigent) Circumstances
• Miscellaneous Warrantless Searches

3. Arrest: When It Happens, What It Means

• General Arrest Principles
• Arrest Warrants
• Warrantless Arrests
• Use of Force When Making Arrests
• Citizens’ Arrests

4. Eyewitness Identification: Psychology and Procedures

• An Overview of Eyewitness Identification Procedures
• The Psychology of Eyewitness Identification
• Lineups
• Showups
• Photo Identifications
• Motions to Suppress Identifications

5. Booking and Bail: Checking In and Out of Jail

• The Booking Process
• Arranging for Bail
• Own Recognizance Release (Release O.R.)

6. From Suspect to Defendant

• Crime and Criminal Cases
• To Charge or Not to Charge, That Is the Question
• The Mechanics of Charging
• Grand Juries
• Diversion

7. Criminal Defense Lawyers

• Do I Need a Lawyer?
• Court-Appointed Attorneys
• Private Defense Attorneys
• Self-Representation

8. Understanding the Attorney-Client Relationship in a Criminal Case

• Confidentiality
• Client-Centered Decision Making
• Lawyer-Client Communication
• Representing Guilty Defendants
• Competent Clients

9. A Walk Through Criminal Court

• The Courthouse
• The Courtroom
• The Courtroom Players
• Courtroom Behavior

10. Arraignments

• Arraignment Basics
• Self-Representation at Arraignment

11. Developing the Defense Strategy

• Overview
• How the Defendant’s Version of Events May Limit Defense Strategies
• When Attorneys Ignore a Defendant’s Version of Events
• The Importance of Honesty in Developing a Defense Strategy

12. Crimespeak: Understanding the Language of Criminal Laws

• Mens Rea
• The Meaning of Frequently Used Legal Language
• Derivative Criminal Responsibility
• Murder and Manslaughter
• Sexual Violence
• Burglary
• Robbery
• Theft
• Hate Crimes
• The Patriot Act
• White Collar Crimes

13. Defensespeak: Common Defenses to Criminal Charges

• Prosecutor’s Failure to Prove Guilt
• “Partial” Defenses
• Self-Defense
• Alibi
• Insanity
• Intoxication (Under the Influence of Drugs or Alcohol)
• Entrapment
• Jury Nullification

14. Discovery: Exchanging Information With the Prosecution

• Modern Discovery Policy
• Discovery of Information Helpful to the Defense
• Discovery of Harmful Information
• Reciprocal Discovery

15. Investigating the Facts

• Interviewing Prosecution Witnesses
• Finding and Interviewing Defense Witnesses
• Other Investigation Tasks and Their Costs

16. Preliminary Hearings

• What Preliminary Hearings Are and When They Are Held
• Basic Rights During Preliminary Hearings
• Common Defense and Prosecution Strategies

17. Fundamental Trial Rights of the Defense

• The Defendant’s Right to Due Process of Law
• The Prosecution’s Burden of Proof
• The Defendant’s Right to Remain Silent
• The Defendant’s Right to Confront Witnesses
• The Defendant’s (and the Media’s) Right to a Public Trial
• A Defendant’s Right to a Jury Trial
• A Defendant’s Right to Counsel
• A Defendant’s Right to a Speedy Trial
• The Defendant’s Right Not to Be Placed in Double Jeopardy

18. Basic Evidence Rules in Criminal Trials

• Overview
• Rules Regulating the Content of Testimony
• Rules Regulating the Manner of Testimony
• Scientific Evidence
• Privileged (Confidential) Information

19. Motions and Their Role in Criminal Cases

• Basic Procedures
• Common Pretrial Motions
• Motions During Trial
• Posttrial Motions

20. Plea Bargains: How Most Criminal Cases End

• Plea Bargaining—Terminology and Timing
• The Pros and Cons of Plea Bargains
• The Plea Bargaining Process
• The Strategy of Negotiating Plea Bargains

21. The Trial Process

• Summary of the Trial Process
• Choosing a Judge or Jury Trial
• Jury Voir Dire
• Motions in Limine
• Opening Statements
• Prosecution’s Case-in-Chief
• Direct Examination of Witnesses
• Cross-Examination
• Defense Motion to Dismiss
• Defendant’s Case-in-Chief
• Closing Argument
• Instructing the Jury
• Jury Deliberations and Verdict

22. Sentencing

• Overview of Sentencing
• Sentencing Procedures
• Sentence Options
• Community Service
• Miscellaneous Alternative Sentences
• The Death Penalty

23. Appeals

• Appeals
• Writs

24. How the Criminal Justice System Works

• Questions and Answers About DUI (Driving Under the Influence)
• DUI Case Examples

25. Juvenile Courts and Procedures

• A Brief History of U.S. Juvenile Courts
• Juvenile Court Jurisdiction
• Deciding Whether to File Charges
• The Right to Counsel and Other Constitutional Rights
• Trying Juveniles as Adults
• Sentencing (Disposition) Options
• Sealing Juvenile Court Records

26. Prisoners’ Rules

• Prisons and Prisoners’ Rights
• Legal Resources for Prisoners and Their Families
• Parole
• Pardons

27. Looking Up the Law

• What to Research
• Where to Do Research

Glossary

Index