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NCJRS Abstract

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NCJ Number: 72910 Find in a Library
Title: Criminal Law - History, Philosophy, Enforcement
Author(s): E Eldefonso; A R Coffey
Date Published: 1981
Page Count: 316
Sponsoring Agency: Harper and Row
New York, NY 10022
Sale Source: Harper and Row
10 East 53rd Street
New York, NY 10022
United States of America
Type: Historical Overview
Language: English
Country: United States of America
Annotation: This textbook attempts to clarify some aspects of criminal law as they relate to law enforcement and presents an overview of the entire complex of criminal law and its impact on law enforcement agencies and individual police officers.
Abstract: It gives the historical development of law enforcement from prehistoric through 20th century societies. The influence of the ancient Middle East, the Roman Empire, and the feudal era are the background for the British impact on American law enforcement in general, and of Sir Robert Peel (1788-1850) in particular. Crime and its essential elements are defined, and the legal arrest procedures and the various techniques of taking a suspect into custody are discussed. The constitutional rights underscored by recent Supreme Court rulings that affect police work relating to search and seizure are analyzed, and the areas of evidence, logical evidence and proof, enough evidence for a particular proof, and circumstantial evidence are explored. The Supreme Court decisions relating to Gideon, Escobedo, and Miranda are examined as to the impact on police practices in interrogation. In addition, the right to counsel is discussed along with the due process clause of the 14th amendment, and demonstrative evidence and entrapment are covered in view of past court decisions. Criminal law and the judiciary process are also dealt with in terms of the process after arrest and the role and powers of the judge. In a more detailed exploration of specific crimes and of what constitutes a crime, the text analyzes, interprets, and intertwines the concept of intent as a method of narrowing the definitions of crime. In discussing crimes against the person and crimes against property, the comments depend heavily on the concepts of intent and of public tolerance. Other crimes discussed are arson, public order offenses, and juvenile offenses. Examinations of the criminal process, the criminal court structure, and the district attorney's office are appended. A general index of legal cases, a glossary of legal terms, chapter notes and references, practical exercises, and a few footnotes are supplied.
Index Term(s): Arson; Common law; Constitutional Rights/Civil Liberties; Crimes against persons; Criminal codes; Criminal intent; Criminal proceedings; Criminal responsibility; Entrapment; Exclusionary rule; Judicial decisions; Judicial discretion; Juvenile codes; Juvenile processing; Laws and Statutes; Police discretion; Police legal limitations; Police responsibilities; Property crimes; Public order offenses; Right to counsel; Rights of the accused; Rules of evidence; Search and seizure
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