The criminal law handbook : know your rights, survive the system

Select an Action

Title:

The criminal law handbook : know your rights, survive the system

Author:

Bergman, Paul, 1943- author.

ISBN:

9781413329391

Edition:

Seventeenth edition.

Physical Description:

642 pages : illustrations ; 23 cm.

Series:

Nolo Press self-help law books.

General Note:

Includes index.

Contents:

Introduction: a walk-through of the case of State v. Andrea Davidson, a fictional robbery prosecution -- Talking to the police -- Search and seizure -- Arrest: when it happens, what it means -- Eyewitness identification: psychology and procedures -- Booking and bail: checking in and out of jail -- From suspect to defendant -- Criminal defense lawyers -- Understanding the attorney-client relationship in a criminal case -- A walk through criminal court -- Arraignment -- Developing the defense strategy - Criminal laws and their language -- Common defenses to criminal charges -- Discovery: exchanging information with the prosecution -- Investigating the facts -- Preliminary hearings -- Fundamental trial rights of the defense -- Basic evidence rules in criminal trials -- Motions and their role in criminal cases -- Plea bargains: how most criminal cases end -- The trial process -- Sentencing -- Appeals and writs -- Victims and their rights -- The system at work: DUI laws and processes -- Juvenile courts and procedures -- Prison rules -- Glossary -- Index.

Subject Term:

Criminal procedure -- United States.

Genre:

Law for laypersons.

Added Author:

Berman, Sara J., 1964-

Added Corporate Author:

Nolo (Firm)

Summary:

"This book demystifies the complex rules and procedures of criminal law. It explains how the system works, why police, lawyers, and judges do what they do, and what suspects, defendants, and prisoners can expect. It also provides critical information on working with a lawyer." --

Holds:

Available:*

Library	Call Number	Status
Searching... Oakdale Library	345.7305 BER 2022	Searching... Unknown
Searching... R.H. Stafford Library (Woodbury)	345.7305 BER 2022	Searching... Unknown

Bound With These Titles

On Order

Summary

The criminal justice system is complicated.

Understand it and your rights.

This book demystifies the complex rules and procedures of criminal law. It explains how the system works, why police, lawyers, and judges do what they do, and what suspects, defendants, and prisoners can expect. It also provides critical information on working with a lawyer.

In plain English, The Criminal Law Handbook covers:

search and seizure arrest, booking, and bail Miranda rights arraignment plea bargains trials sentencing common defenses working with defense attorneys constitutional rights juvenile court legal terms and definitions appeals public defenders victims' rights

The 17th edition is completely updated, covering the latest in criminal law, including U.S. Supreme Court cases.

Author Notes

Paul Bergman is a professor of law emeritus at UCLA School of Law and recipient of two University Distinguished Teaching Awards. He has written many legal books, including Nolo's Represent Yourself in Court.
Sara J. Berman has served for decades in faculty and administrative leadership roles in law schools. She is the author of numerous articles and books and coauthor of Represent Yourself in Court.

Reviews (1)

Library Journal Review

An excellent and balanced guide to the state court criminal justice process, this book does not detail the differences of being charged in federal court, such as federal sentencing guidelines. Authors Bergman (Reel Justice, LJ 6/1/96) and Berman-Barrett, also a criminal attorney, use a question-and-answer format to cover cases from police investigations through appeals. The book is not intended to replace legal advice, and the authors stress the importance of obtaining representation, unlike Michael Saeger in Defend Yourself Against Criminal Charges (LJ 10/1/97), a recent, inferior guide. A worthy addition to all libraries that will instruct those interested in the criminal justice system.Harry Charles, St. Louis (c) Copyright 2010. Library Journals LLC, a wholly owned subsidiary of Media Source, Inc. No redistribution permitted.

Your Legal Companion	p. 1
Introduction: A Walk-Through of the Case of State v. Andrea Davidson, a Fictional Robbery Prosecution	p. 3
1 Talking to the Police	p. 11
Police Questioning of People Who Haven't Been Taken Into Custody	p. 13
Police Questioning of Arrestees	p. 20
2 Search and Seizure	p. 35
The Constitutional Background	p. 40
Search Warrants	p. 46
Exceptions to the Search Warrant Requirement	p. 51
Consent Searches	p. 51
The Plain View Doctrine	p. 56
Searches Incident to Arrest	p. 57
"Stop and Frisk" Searches	p. 61
Searches of Cars and Occupants	p. 63
Searches or Entries Under Emergency (Exigent) Circumstances	p. 70
Miscellaneous Warrantless Searches	p. 72
3 Arrest: When It Happens, What It Means	p. 81
General Arrest Principles	p. 83
Arrest Warrants	p. 89
Warrantless Arrests	p. 90
Use of Force When Making Arrests	p. 93
Citizens' Arrests	p. 97
4 Eyewitness Identification: Psychology and Procedures	p. 101
An Overview of Eyewitness Identification Procedures	p. 103
The Psychology of Eyewitness Identification	p. 105
Lineups	p. 107
Showups	p. 113
Photo (Mug Shot) Identifications	p. 114
Motions to Suppress Identifications	p. 115
5 Booking and Bail: Checking In and Out of Jail	p. 117
The Booking Process	p. 119
Arranging for Bail	p. 124
Own Recognizance Release (Release O.R.)	p. 135
6 From Suspect to Defendant	p. 137
Crime and Criminal Cases	p. 139
To Charge or Not to Charge, That Is the Question	p. 142
The Mechanics of Charging	p. 148
Grand Juries	p. 150
Diversion	p. 153
7 Criminal Defense Lawyers	p. 159
Should a Defendant Have a Lawyer?	p. 161
Court-Appointed Defense Attorneys	p. 164
Private Defense Attorneys	p. 170
Self-Representation	p. 180
8 Understanding the Attorney-Client Relationship in a Criminal Case	p. 189
Confidentiality	p. 191
Client-Centered Decision-Making	p. 195
Keeping Clients "In the Know"	p. 201
Representing Guilty Defendants	p. 203
Competent Clients	p. 204
9 A Walk Through Criminal Court	p. 207
The Courthouse	p. 209
The Courtroom	p. 210
The Courtroom Players	p. 212
Courtroom Behavior	p. 217
10 Arraignment	p. 221
Arraignment Basics	p. 222
Self-Representation at Arraignment	p. 229
11 Developing the Defense Strategy	p. 233
Overview	p. 235
How the Defendant's Version of Events May Limit Defense Strategies	p. 239
When Attorneys Ignore a Defendant's Version of Events	p. 243
The Importance of Honesty in Developing a Defense Strategy	p. 244
12 Criminal Laws and Their Language	p. 247
Mens Rea	p. 251
The Meaning of Frequently Used Legal Language	p. 255
Derivative Criminal Responsibility	p. 261
Murder and Manslaughter	p. 267
Sexual Violence	p. 272
Assault and Battery	p. 277
Motor Vehicle Crimes	p. 278
Drug Offenses	p. 280
Arson	p. 281
Burglary	p. 282
Robbery	p. 284
Theft	p. 285
Hate Crimes	p. 289
White-Collar Crimes	p. 291
13 Common Defenses to Criminal Charges	p. 299
Prosecutor's Failure to Prove Guilt	p. 302
"Partial" Defenses	p. 306
Self-Defense	p. 309
Alibi	p. 312
Insanity	p. 314
Duress	p. 319
Necessity	p. 320
Intoxication (Under the Influence of Drugs or Alcohol)	p. 320
Entrapment	p. 322
Jury Nullification	p. 323
14 Discovery: Exchanging Information With the Prosecution	p. 325
Modern Discovery Policy	p. 326
Discovery of Information Helpful to the Defense	p. 327
Discovery of Harmful Information	p. 330
Reciprocal Discovery	p. 333
15 Investigating the Facts	p. 335
Interviewing Prosecution Witnesses	p. 336
Finding and Interviewing Defense Witnesses	p. 338
16 Preliminary Hearings	p. 341
An Overview of Preliminary Hearings	p. 342
Defense Rights During Preliminary Hearings	p. 346
Common Defense and Prosecution Strategies	p. 348
17 Fundamental Trial Rights of the Defense	p. 353
The Defendant's Right to Due Process of Law	p. 356
The Prosecution's Burden of Proof	p. 359
The Defendant's Right to Remain Silent	p. 361
The Defendant's Right to Confront Witnesses	p. 364
The Defendant's (and the Media's) Right to a Public Trial	p. 367
A Defendant's Right to a Jury Trial	p. 370
A Defendant's Right to Counsel	p. 372
A Defendant's Right to a Speedy Trial	p. 375
The Defendant's Right Not to Be Placed in Double Jeopardy	p. 376
18 Basic Evidence Rules in Criminal Trials	p. 381
Overview	p. 384
Rules Regulating the Content of Testimony	p. 387
Rules Regulating the Manner of Testimony	p. 400
Expert Witnesses, Scientific Evidence, and Specialized Knowledge	p. 403
Privileged (Confidential) Information	p. 410
19 Motions and Their Role in Criminal Cases	p. 413
Basic Procedures	p. 415
Pretrial Motions	p. 417
Motions During Trial	p. 421
Post-Trial Motions	p. 422
20 Plea Bargains: How Most Criminal Cases End	p. 427
Plea Bargaining-Terminology and Timing	p. 429
The Pros and Cons of Plea Bargains	p. 430
The Plea Bargaining Process	p. 434
The Strategy of Negotiating Plea Bargains	p. 440
21 The Trial Process	p. 445
Summary of the Trial Process	p. 448
Choosing a Judge or Jury Trial	p. 449
Jury Voir Dire	p. 451
Motions in Limine	p. 455
Opening Statements	p. 456
Prosecution's Case-in-Chief	p. 457
Direct Examination of Witnesses	p. 458
Cross-Examination of Witnesses	p. 459
Defense Motion to Dismiss	p. 461
Defendant's Case-in-Chief	p. 462
Closing Argument	p. 463
Instructing the Jury	p. 465
Jury Deliberations and Verdict	p. 468
22 Sentencing	p. 475
Overview of Sentencing	p. 478
Sentencing Procedures	p. 486
Sentence Options	p. 492
Community Service	p. 500
Miscellaneous Alternative Sentences	p. 500
The Death Penalty	p. 503
23 Appeals and Writs	p. 511
The Appeal Process	p. 513
Writs	p. 519
24 Victims and Their Rights	p. 525
Victims and the Criminal Justice System	p. 526
Pretrial Processes	p. 527
The Trial-and-Sentencing Process	p. 530
Post-Trial Processes	p. 531
25 The System at Work: DUI Laws and Processes	p. 533
DUI (Driving Under the Influence)	p. 534
DUI Case Examples	p. 540
26 Juvenile Courts and Procedures	p. 549
A Brief History of U.S. Juvenile Courts	p. 552
Juvenile Court Jurisdiction	p. 553
Deciding Whether to File Charges	p. 554
The Right to Counsel and Other Constitutional Rights	p. 558
Trying Juveniles as Adults	p. 561
Sentencing (Disposition) Options	p. 565
Sealing Juvenile Court Records	p. 570
27 Prison Rules	p. 573
A System of Limited Rights	p. 575
Legal Resources for Prisoners and Their Families	p. 585
Parole	p. 590
Pardons	p. 593
Glossary	p. 595
Index	p. 611

Available:*

Bound With These Titles

On Order

Summary

Summary

Author Notes

Reviews (1)

Library Journal Review

Table of Contents

Helpful Links

Research Links

Contact

Events and Rooms

Follow Us

Today's Hours