Preface
Ch. 1 An Introduction to Criminal Law 1
Introduction: The Drama of a Criminal Trial 1
An Overview of a Criminal Case 2
What Is Criminal Law and How Is It Different from Civil Law? 3
The Federal and State Court Systems 9
Common Law 12
The Participants in the Criminal Justice System 15
Ethical Consideration: Paralegals and Ethics 19
Ch. 2 Arrest, Search, and Seizure 23
Introduction 23
Arrest 24
Probable Cause 26
Arrest and Search Warrants 36
Ethical Consideration: Special Issues for the Prosecution Paralegal 46
Ch. 3 Post Arrest and Grand Jury 51
Introduction: After the Arrest 52
Initial Appearance 52
Preliminary Hearings 54
The Prosecutor's Office 57
Indictment 61
The Grand Jury 62
Ethical Consideration: How Ethical Rules Affect Attorneys and Paralegals 71
Ch. 4 Evidentiary Issues in Prosecution 75
Sample Case Excerpt: The Kline Case 76
Introduction 76
Admissibility 76
Classifying Evidence: Direct and Circumstantial 76
Sample Case Excerpt: Fortner Case 79
Other Evidentiary Issues 82
Admitting Evidence: Foundation Questions 88
Ethical Consideration: The Attorney-Client Privilege 90
Ch. 5 Interrogation, Confessions, and Miranda 95
Sample Case Excerpt: The Kline Case 95
Introduction 95
Interrogation, Confessions, and Miranda 96
Case Excerpt: The "Christian Burial" Case; Brewer v. Williams, 97 S. Ct. 1232 (1977) 99
The Art of Interrogation 103
Confessions 105
Ethical Consideration: National Paralegal Associations 108
Ch. 6 Arraignment and Discovery 111
The Arraignment 111
Plea Bargaining 115
Pre-Trial Motions and Discovery 120
Pre-Trial Motions 126
Ethical Consideration: When the Prosecutor Knows She Cannot Prove Her Case 131
Ch. 7 Principals, Accessories, and Attempt 135
Introduction 135
Principals and Accessories 136
Conspiracy 138
Solicitation 143
Case Excerpt: Solicitation v. Conspiracy 143
Attempt: When the Crime Is Not Completed 144
Ethical Consideration: Unauthorized Practice of Law 146
Ch. 8 Crimes Against the Person 151
Introduction 151
Homicide 151
Sample Case Excerpt: the Kline Case 152
Suicide 164
Assault and Related Offenses 165
Mayhem 170
Kidnapping 170
False Imprisonment 172
Stalking 173
Ethical Consideration: Legal Assistants Who Can Appear in Court 175
Ch. 9 Sex-Related Crimes 179
Introduction 179
Rape 180
Other Sexual Offenses 187
Case Excerpt: Bowers v. Hardwick 190
Child Molestation 194
Ethical Consideration: Conflicts Check 195
Ch. 10 Crimes Against Property 199
Introduction 199
Burglary 199
Arson 201
Theft 203
Robbery 208
Fraud and False Pretenses 210
Ethical Consideration: Contact with Witnesses - What You Should (and Should Not) Tell Them 216
Ch. 11 Crimes Against Public Order, Morality, and Health 220
Crimes Against Public Health and Morality 220
Constitutional Limits on Certain Crimes 221
Drug Crimes 223
Driving Under the Influence 227
Crimes Against Administration of Justice 228
Crimes Against Public Order 231
Case Excerpt: Brandenburg v. Ohio, 89 S. Ct. 1827 (1969) 234
Ethical Consideration: Freelance Paralegals 239
Ch. 12 Rights Associated with the Trial 243
Introduction 243
The Sixth Amendment and the Right to Attorney 244
The Sixth Amendment and the Right to Trial by Jury 244
The Sixth Amendment and the Right to a Public Trial 246
Case Excerpt: Richmond Newspapers, Inc v. Virginia 248
Case Excerpt: The Supreme Court Addresses the Issue of Nonunanimous Verdicts 250
Other Rights Guaranteed in a Trial 253
Other Rights: The Presumption of Innocence, etc 256
The Right to be Represented by an Attorney at Trial 259
Case Excerpt: U.S. Supreme Court on the Right of Representation 259
Other Rights: The Right to Present Evidence and Witnesses 262
Ethical Consideration: should You Ask the Defendant If He Committed the Crime? 262
Ch. 13 The Trial 269
Introduction 269
The Layout of the Courtroom 269
Beginning the Trial 272
The Case-In-Chief 280
Ethical Consideration: Licensing and Certification of Paralegals 295
Ch. 14 Defenses 300
Defenses 300
Affirmative Defenses 302
The Insanity Defense 311
Case Excerpt: Medina v. California, 112 S. Ct. 2572 (1992) 314
Constitutional and Statutory Defenses 319
Ethical Consideration: Finding "Hired Guns" 323
Ch. 15 Sentencing and Appeal 327
Sentencing 327
Case Excerpt: Does the Jury Have to be Told About Life Without Parole 329
Victim-Witness Programs 332
The Death Penalty 333
Probation and Parole 336
Civil Remedies in Criminal Cases 339
Alternative Punishment 339
Appealing a Criminal Case 340
Ethical Considerations: Paralegals and Claims of "Ineffective Counsel" 345
App. A The Kline Case 350
App. B The Marbles Case 361
App. C The Fortner Case 364
Glossary 367
Index 377