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NCJRS Abstract

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NCJ Number: 72456 Find in a Library
Title: Criminal Procedure
Author(s): W A Rutter
Date Published: 1977
Page Count: 244
Sponsoring Agency: Harcourt Brace Jovanovich Legal and Professional Publications
Gardena, CA 90248
Sale Source: Harcourt Brace Jovanovich Legal and Professional Publications
14415 South Main Street
Gardena, CA 90248
United States of America
Type: Instructional Material
Language: English
Country: United States of America
Annotation: A student textbook is presented that covers criminal procedure regulating the obtaining of evidence, pretrial procedures, trial procedures, sentencing, offender treatment, and postconviction remedies.
Abstract: Based upon an examination of Federal and State constitutions, statutes, court rules, court decisions, and 'Minimum Standards for Criminal Justice' promulgated by the American Bar Association, the content and application of criminal procedures are examined. Legal limitations on obtaining evidence are explored under the topics of searches and seizures, interrogations and confessions, the use of informers (entrapment), and identification procedures. Procedures governing the pretrial processing of an accused are considered in discussions of arrest, appearance before a judicial officer after arrest, preliminary examination, accusatory pleadings, arrraignment, motions and pleadings by defendant, guilty pleas, disclosure obligations, and appellate review prior to trial. Constitutional rights associated with the trial are discussed as they bear upon counsel, a speedy trial, a fair and impartial trial, trial by jury, a public trial, the accused not testifying, and the confrontation of witnesses. Problems examined in the conduct of the proceedings include competency to stand trial, joint trials, juror selection, argument and instruction to the jury, insanity defense, and entrapment defense. Consideration of judgment, sentencing, and treatment of offenders includes conviction and sentencing, recidivist procedures, the death penalty, and youthful offenders. Legal parameters on post-conviction procedures and limitations on criminal prosecution are also treated. Review questions and answers are provided, along with a table of cases.
Index Term(s): Course materials; Police legal limitations; Post-conviction remedies; Pretrial procedures; Rules of evidence; Sentencing/Sanctions; Treatment; Trial procedures
Note: Gilbert Criminal Justice Series
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