Criminal Law and Procedure for the Paralegal / Edition 1

Criminal Law and Procedure for the Paralegal / Edition 1

by Neal R. Bevans
     
 

ISBN-10: 0766822796

ISBN-13: 9780766822795

Pub. Date: 08/19/2002

Publisher: Cengage Learning

Delving into one of the most fascinating areas of legal practice, this book shows the real world of prosecutors, defense attorneys and paralegals in criminal law. Drawing on his experience as a criminal defense attorney, an assistant district attorney, and as a college instructor, the author brings the study of criminal law alive. Actual examples of criminal cases…  See more details below

Overview

Delving into one of the most fascinating areas of legal practice, this book shows the real world of prosecutors, defense attorneys and paralegals in criminal law. Drawing on his experience as a criminal defense attorney, an assistant district attorney, and as a college instructor, the author brings the study of criminal law alive. Actual examples of criminal cases are investigated and explained, defenses are explored, and appellate processes are examined. In the initial chapters, readers are introduced to the foundations of criminal law and basic facts about three cases are presented. Each chapter then continues the account of the three prosecutions to illustrate chapter concepts. Significant supreme court case decisions and their applicability to criminal law are also analyzed in this intriguing read for paralegals.

Product Details

ISBN-13:
9780766822795
Publisher:
Cengage Learning
Publication date:
08/19/2002
Series:
The West Legal Studies
Edition description:
Older Edition
Pages:
500
Product dimensions:
8.10(w) x 9.22(h) x 0.61(d)

Related Subjects

Table of Contents

Preface
Ch. 1An Introduction to Criminal Law1
Introduction: The Drama of a Criminal Trial1
An Overview of a Criminal Case2
What Is Criminal Law and How Is It Different from Civil Law?3
The Federal and State Court Systems9
Common Law12
The Participants in the Criminal Justice System15
Ethical Consideration: Paralegals and Ethics19
Ch. 2Arrest, Search, and Seizure23
Introduction23
Arrest24
Probable Cause26
Arrest and Search Warrants36
Ethical Consideration: Special Issues for the Prosecution Paralegal46
Ch. 3Post Arrest and Grand Jury51
Introduction: After the Arrest52
Initial Appearance52
Preliminary Hearings54
The Prosecutor's Office57
Indictment61
The Grand Jury62
Ethical Consideration: How Ethical Rules Affect Attorneys and Paralegals71
Ch. 4Evidentiary Issues in Prosecution75
Sample Case Excerpt: The Kline Case76
Introduction76
Admissibility76
Classifying Evidence: Direct and Circumstantial76
Sample Case Excerpt: Fortner Case79
Other Evidentiary Issues82
Admitting Evidence: Foundation Questions88
Ethical Consideration: The Attorney-Client Privilege90
Ch. 5Interrogation, Confessions, and Miranda95
Sample Case Excerpt: The Kline Case95
Introduction95
Interrogation, Confessions, and Miranda96
Case Excerpt: The "Christian Burial" Case; Brewer v. Williams, 97 S. Ct. 1232 (1977)99
The Art of Interrogation103
Confessions105
Ethical Consideration: National Paralegal Associations108
Ch. 6Arraignment and Discovery111
The Arraignment111
Plea Bargaining115
Pre-Trial Motions and Discovery120
Pre-Trial Motions126
Ethical Consideration: When the Prosecutor Knows She Cannot Prove Her Case131
Ch. 7Principals, Accessories, and Attempt135
Introduction135
Principals and Accessories136
Conspiracy138
Solicitation143
Case Excerpt: Solicitation v. Conspiracy143
Attempt: When the Crime Is Not Completed144
Ethical Consideration: Unauthorized Practice of Law146
Ch. 8Crimes Against the Person151
Introduction151
Homicide151
Sample Case Excerpt: the Kline Case152
Suicide164
Assault and Related Offenses165
Mayhem170
Kidnapping170
False Imprisonment172
Stalking173
Ethical Consideration: Legal Assistants Who Can Appear in Court175
Ch. 9Sex-Related Crimes179
Introduction179
Rape180
Other Sexual Offenses187
Case Excerpt: Bowers v. Hardwick190
Child Molestation194
Ethical Consideration: Conflicts Check195
Ch. 10Crimes Against Property199
Introduction199
Burglary199
Arson201
Theft203
Robbery208
Fraud and False Pretenses210
Ethical Consideration: Contact with Witnesses - What You Should (and Should Not) Tell Them216
Ch. 11Crimes Against Public Order, Morality, and Health220
Crimes Against Public Health and Morality220
Constitutional Limits on Certain Crimes221
Drug Crimes223
Driving Under the Influence227
Crimes Against Administration of Justice228
Crimes Against Public Order231
Case Excerpt: Brandenburg v. Ohio, 89 S. Ct. 1827 (1969)234
Ethical Consideration: Freelance Paralegals239
Ch. 12Rights Associated with the Trial243
Introduction243
The Sixth Amendment and the Right to Attorney244
The Sixth Amendment and the Right to Trial by Jury244
The Sixth Amendment and the Right to a Public Trial246
Case Excerpt: Richmond Newspapers, Inc v. Virginia248
Case Excerpt: The Supreme Court Addresses the Issue of Nonunanimous Verdicts250
Other Rights Guaranteed in a Trial253
Other Rights: The Presumption of Innocence, etc256
The Right to be Represented by an Attorney at Trial259
Case Excerpt: U.S. Supreme Court on the Right of Representation259
Other Rights: The Right to Present Evidence and Witnesses262
Ethical Consideration: should You Ask the Defendant If He Committed the Crime?262
Ch. 13The Trial269
Introduction269
The Layout of the Courtroom269
Beginning the Trial272
The Case-In-Chief280
Ethical Consideration: Licensing and Certification of Paralegals295
Ch. 14Defenses300
Defenses300
Affirmative Defenses302
The Insanity Defense311
Case Excerpt: Medina v. California, 112 S. Ct. 2572 (1992)314
Constitutional and Statutory Defenses319
Ethical Consideration: Finding "Hired Guns"323
Ch. 15Sentencing and Appeal327
Sentencing327
Case Excerpt: Does the Jury Have to be Told About Life Without Parole329
Victim-Witness Programs332
The Death Penalty333
Probation and Parole336
Civil Remedies in Criminal Cases339
Alternative Punishment339
Appealing a Criminal Case340
Ethical Considerations: Paralegals and Claims of "Ineffective Counsel"345
App. AThe Kline Case350
App. BThe Marbles Case361
App. CThe Fortner Case364
Glossary367
Index377

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