The Criminal Law Handbook 5th edition pptx

[...]... trial, rather than argue that the police got it wrong d How knowledgeable am I about the law governing the events about which I’m being questioned? People sometimes unwittingly provide evidence of their own guilt because they inaccurately believe that their behavior does not amount to criminal conduct They may think they are explaining their innocence, while the police officers are using their explanation... in the criminal justice process are located at the end of the chapter in which they are discussed The examples are provided as illustrations only They are not designed to predict exactly what will happen in a particular case 4 How can this book help me understand the criminal rules and proceedings in my locality? This book describes the criminal justice system as it tends to operate throughout the. .. But each state, as well as the federal government, has its own set of criminal laws and procedures Thus, if you need to know the terms of a specific law, or the procedures your local court will follow, you will need to consult the rules for your jurisdiction Chapter 27 explains how to find such rules and other important information in a law library and on the Web Throughout the book, you will also find... Chapter 1, Talking to the Police 7 Officer Daniels asks Andrea to participate in a lineup to determine whether the store owner who was robbed at gunpoint, Hilary Julia, is able to identify Andrea as the robber • What happens at a lineup? • If Andrea is represented by a lawyer, does the lawyer make all the decisions? • Does Andrea have to participate in the lineup? • If Andrea talks to the lawyer while she’s... she’s in jail, is their conversation confidential? • Instead of conducting a lineup, could the police have shown the store owner a picture of Andrea? • What does it mean for the government to have to provide Andrea with “due process of law ? See Chapter 7, Criminal Defense Lawyers: Who They Are, What They Do, How to Find One, Chapter 8, Understanding the Attorney-Client Relationship in a Criminal Case,... can’t afford to hire one, so the judge appoints a lawyer to represent her • Will the attorney ask Andrea to tell her side of the story? • Does Officer Daniels make the decision about whether to charge Andrea with a crime? • Can the attorney do anything to help Andrea if she tells the attorney that she committed the robbery? • How long does the government have to decide whether to charge Andrea with a... Up the Law 14 At the conclusion of Andrea’s arraignment, the judge schedules a date for a preliminary hearing • What is the purpose of a preliminary hearing? • Do Andrea and her lawyer have a right to be present at the preliminary hearing? • How can a preliminary hearing benefit the defense? See Chapter 16, Preliminary Hearings 15 At the conclusion of Andrea’s preliminary hearing, the judge finds there... at the scene and leave the issue of whether the officer had a legal basis for detaining you for the courts to determine at a later time 1/5 about from place to place without apparent business, such that the person poses a threat to public safety.” Under these laws, if a police officer sees a person loitering, the officer can demand identification and an explanation of the person’s activities If the. .. ultimately decides to talk b Might the police learn about any unrelated crimes I have committed as a result of the interview? People may talk to police officers because they are confident that they can demonstrate that they are not involved in the crimes that the officers are investigating However, they may unwittingly disclose information implicating themselves in other criminal activity Case Example:... that the police will distort their statements should insist that the police officers tape record the conversation or prepare a written summary of it for the person to sign The tape or summary minimizes a police officer’s opportunity to distort at a later time But there is a potential downside to having the statement recorded Once the words are on tape, a defendant will have to live with them if the . knowledgeable lawyer. If you want the help of a trained professional, consult an attorney licensed to practice in your state . 5th edition The Criminal Law Handbook Know. benefit from the advice and counsel of attorneys knowledgeable about the law and the ins and outs of the particular court where the case will be heard. The reasons why