Do you know what happens when you are accused of a crime? How you are charged? How plea bargains work? What happens in court? Anyone who needs answers to these questions -- people accused of a crime, victims of crime, their families and friends, witnesses and those who want to know how the system works -- can turn to a plain-English legal book for the information they need. With The Criminal Law Handbook, you can learn exactly what goes on in a criminal case. The easy-to-follow, question-and-answer format covers: arrests booking preliminary hearings charges bail courts arraignment search and seizure defenses evidence trials plea bargains sentencing juveniles "crimespeak," the language commonly used in criminal statutes and much more The 6th edition covers all of the latest changes in criminal law and Supreme Court cases, including a new section on white-collar crime. It also includes new information about capital punishment, imprisonment data and bail.

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Introduction The overbearing police interrogation designed to wrench a confession from a quivering suspect is an enduring dramatic image. Though the image is largely a relic of the past, police officers do question individuals in a variety of circumstances. For example, aside from seeking a confession, police officers may question an arrestee to uncover information about additional suspects, or officers may simply seek information from people they have no intention of arresting. This chapter examines common situations in which police officers are likely to ask questions, and describes the typical legal consequences both of talking and of remaining silent. Prosecutors can be counted on to use your words against you. Even a seemingly innocuous or innocent explanation may appear to link you to a crime when your words are recounted by a police officer. Your statements to a police officer may return to haunt you throughout your entire case, from the charges, to the amount of bail, to the trial itself. People who have even a remote suspicion that they may be accused of a crime should never talk to police officers before first talking to a lawyer. A. Police Questioning of People Who Haven't Been Taken Into Custody This section deals with police attempts to question you in situations where you have not yet been placed in custody. These commonly include: on-the-street, in-your-face questioning car stops for traffic violations investigatory visits to homes or offices, and telephone conversations. (See II for police questioning after you have been taken into custody.) 1. Can a police officer stop me on the street and question me even if I have done nothing wrong? Yes. Even if an officer has no reason to suspect that you have done anything wrong, the officer can approach you to ask questions, ask to search you or ask to search any objects in your possession (such as luggage). As long as the officer doesn't say or do anything to suggest that you are legally compelled to answer questions or consent to a search, the officer hasn't done anything wrong. (U.S. v. Drayton, U.S. Sup. Ct. 2002.) However, as explained in the next question, you usually don't have a legal obligation to answer police officers' questions and you have a right to refuse officers' requests to conduct searches. 2. Am I legally obligated to answer a police officer's questions? No. Refusing to answer a police officer's questions is not a crime. Of course, people often do voluntarily assist the police by supplying information that might help the police make an arrest. But the Fifth Amendment to the U.S. Constitution guarantees the right to silence. A police officer generally cannot arrest a person simply for failing to respond to questions. Do You Have to Report a Crime to the Police? Generally, neither a crime victim nor a witness who sees a crime take place has a legal obligation to report the crime to the police. Though a crime is an offense to the public as a whole, reporting is usually a matter for people's individual consciences and circumstances. However, you should be aware of the following: Laws in many states do require some individuals to report particular types of crimes. For example, teachers, social workers and medical professionals may have to report suspected child abuse. You may be guilty of a crime as an "accessory after the fact" if you take active steps to conceal either the crime or the perpetrator. For more information about this, see Chapter 12, Section III. more.....

 

Introduction 1: Talking to the Police 2: Search and Seizure: When the Police Can Search for and Seize Evidence 3: Arrest: When It Happens, What It Means 4: Police Procedures to Help Eyewitnesses Identify Suspects 5: Booking and Bail: Checking In and Checking Out of Jail 6: From Suspect to Defendant: How Crimes Get Charged 7: Criminal Defense Lawyers: Who They Are, What They Do, How to Find One 8: Understanding the Attorney-Client Relationship in a Criminal Case 9: A Walk Through Criminal Court 10: Arraignments 11: Developing the Defense Strategy 12: Crimespeak: Understanding the Language of Criminal Laws 13: Defensespeak: Common Defenses to Criminal Charges 14: Discovery: Exchanging Information With the Prosecution 15: Investigating the Facts 16: Preliminary Hearings 17: Fundamental Trial Rights of the Defense 18: Basic Evidence Rules in Criminal Trials 19: Motions and Their Role in Criminal Cases 20: Plea Bargains: How Most Criminal Cases End 21: The Trial Process 22: Sentencing: How the Court Punishes Convicted Defendants 23: Appeals: Seeking Review by a Higher Court 24: How the Criminal Justice System Works: A Walk Through Two Drunk Driving Cases 25: Juvenile Courts and Procedures 26: Prisoner's Rights 27: Looking Up the Law

This easy-to-understand book contains everything you need to know about criminal law. Indispensable for anyone who wants to understand exactly what goes on in a criminal case.

 

An excellent and balanced guide to the state court criminal justice process...

 

Paul Bergman is a Professor of Law at the UCLA School of Law and a recipient of a University Distinguished Teaching Award. His recent books include Reel Justice: The Courtroom Goes to the Movies (Andrews & McMeel); Trial Advocacy: Inferences, Arguments, Techniques (with Moore and Binder, West Publishing Co.); and Represent Yourself In Court and The Criminal Law Handbook (both with Berman-Barrett, Nolo). He has also published numerous articles in law journals.

 

The Criminal Law Handbook by Paul Bergman
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