Table of Contents for Complete Idiot's Guide to the Criminal Justice System

Part 1: The Criminal Justice System and Its Classifications of Crime

(26)

Defining Crime

(14)

History of the Criminal Justice System

(1)

Criminal vs. Civil Law

(3)

Keeping Things Civil

(1)

The Impact of the U.S. Constitution

(1)

Prove It

(1)

The Origins of Our Definitions of Specific Crimes

(2)

Case Law

(1)

Statutory Law

(1)

Applying Federal vs. State Laws

(1)

The Courts of the Criminal Justice System

(4)

State Courts

(2)

Federal Courts

(1)

Special State Criminal Courts

(1)

The Three Basic Elements of Every Crime

(3)

Categories and Classifications of Crimes

(10)

Classification by the Severity of the Crime

(1)

Classification by the Nature of the Crime

(4)

Crimes Against Persons

(1)

Crimes Against Property

(1)

Crimes Against Habitation

(1)

Crimes Against Society

(1)

Crimes Against Justice

(1)

Victimless Crimes

(1)

Classifications of the Criminal Actor

(1)

Classification by Intent: Mens Rea

(3)

Part 2: Elements of Specific Crimes

(88)

Crimes Against Persons: Homicide

(10)

The Difference Between Murder and Manslaughter

(1)

Murder by the Numbers

(2)

First-Degree Murder

(1)

Second-Degree Murder

(1)

Felony Murder

(1)

Voluntary, Involuntary, and Vehicular Manslaughter

(3)

Voluntary Manslaughter

(2)

Involuntary Manslaughter

(1)

Vehicular Manslaughter

(1)

The Definition of Life and Death

(3)

Assault and Battery

(10)

Battery

(1)

Assault

(1)

Aggravated Assault and Battery

(1)

Hate Crimes

(2)

Gang Crimes

(4)

Sex Crimes

(8)

Sex Crimes Against Adults

(2)

Sex Crimes Against Children

(6)

Sexual Assault

(1)

Sexual Molestation

(1)

Sexual Exploitation

(1)

The Role of Consent in Child Sexual Assault

(3)

Abuse and Beyond

(10)

Domestic Abuse

(2)

Child Abuse

(1)

Elder Abuse

(1)

Kidnapping and False Imprisonment

(2)

Stalking

(2)

Threats

(1)

Crimes Against Property: Larceny

(10)

Larceny

(6)

Trespassory

(1)

Taking and Carrying Away

(1)

Valuable Personal Property

(1)

Property of Another

(1)

Intent to Permanently Deprive

(3)

Receiving Stolen Property

(3)

Crimes Against Property: Deceit

(14)

Embezzlement

(3)

Lawful Possession

(1)

Conversion

(1)

Property of Another

(1)

Intent to Defraud

(1)

False Pretenses

(3)

Knowing or Reckless

(1)

Misrepresentation of Fact

(1)

Mail Fraud/Wire Fraud

(1)

Securities Fraud

(1)

Identity Theft

(5)

Crimes Against Property: Using Force

(10)

Burglary

(3)

Breaking

(1)

Entering

(1)

Dwelling Place of Another

(1)

``At Night''

(1)

Intent to Commit a Felony in the Dwelling

(1)

Doing the Time for a Burglary Crime

(1)

Trespass

(1)

Arson

(2)

Disorderly Conduct and Rioting

(1)

Vandalism

(2)

Crimes Against Society and Justice

101

(14)

Crimes Against Society

102

(6)

Driving Under the Influence

102

(3)

Possession of Drugs

105

(2)

Terrorism

107

(1)

Crimes Against Justice

108

(7)

Bribery

108

(1)

Extortion

109

(1)

Perjury

110

(1)

Resisting Arrest

111

(1)

Failure to Comply with Court Order

111

(1)

Obstructing Justice

112

(3)

Part 3: From Crime to Trial

115

(40)

How a Case Gets Into the System

117

(10)

How the Criminal Justice System Learns of a Crime

118

(1)

The Investigation of the Crime

118

(1)

The Suspect's Rights During Investigation

119

(3)

Search and Seizure

119

(2)

Miranda Rights

121

(1)

The Arrest of a Suspect

122

(2)

Use of Force During an Arrest

123

(1)

Deciding What Crimes Will Be Charged

124

(1)

The Formal Charging Process

125

(2)

Defenses, Justification, and Excuses

127

(14)

The Defense of Challenging the Prosecution's Case

128

(1)

Self-Defense

129

(2)

Defense of Others

131

(1)

Defense of Property

132

(2)

Insanity

134

(2)

Infancy

136

(1)

Intoxication

136

(1)

Mistake of Fact or Law

137

(2)

Duress

139

(1)

Entrapment

139

(2)

The Rights of the Accused After Arrest

141

(14)

Exclusionary Rule

142

(2)

Lineups and Identification

144

(1)

Against Self-Incrimination

145

(1)

Against Double Jeopardy

146

(2)

To a Speedy and Public Trial

148

(1)

To an Attorney

149

(2)

To an Impartial Jury

151

(1)

To Confront Accusers

151

(4)

Part 4: The Trial Process

155

(58)

The Court Is in Session

157

(14)

The Courtroom Cast

158

(5)

Judges

158

(2)

Attorneys

160

(2)

The Other Courtroom Players

162

(1)

Arraignment

163

(1)

Setting and Making Bail

164

(1)

Preliminary Hearing

165

(1)

Pretrial Motions

166

(1)

Jury of Your Peers

167

(4)

Being Called to Jury Duty

168

(1)

Voir Dire

168

(1)

Preemptory Challenges

169

(2)

Evidence of a Crime

171

(14)

Evidence 101

172

(6)

Relevance: What Does It Prove?

173

(1)

Character Evidence

174

(1)

Prior Convictions and Bad Acts

175

(2)

Prior Bad Acts Evidence in Sexual and Domestic Abuse Cases

177

(1)

Rape Shield Laws

177

(1)

Testimonial Evidence

178

(1)

Hearsay

179

(2)

Privileges Against Testifying

181

(4)

Opening Statements, Witnesses, Objections, and Closing Arguments

185

(16)

Opening Statements

186

(1)

The Witnesses

187

(6)

Fact Witnesses

188

(2)

Expert Witnesses and Scientific Evidence

190

(3)

Direct Examination and Cross-Examination

193

(1)

Making Objections

194

(3)

Evidence Objections

195

(1)

Objections to the Lawyers' Questions

196

(1)

Judge and Counsel Conferences Without the Jury

197

(1)

Closing Arguments

198

(3)

Jury Instruction, Deliberation, and Verdict

201

(12)

The Judge Instructs the Jury

202

(4)

How the Instructions Are Worded

202

(2)

Explaining ``Beyond a Reasonable Doubt''

204

(1)

Instructing on Lesser Included Crimes

205

(1)

Jury Deliberations

206

(1)

Handling Jury Questions

207

(1)

Discharging a Juror

208

(1)

Handling Juror Misconduct

208

(1)

The Verdict

209

(4)

The Vote to Convict or Acquit

209

(1)

Hung Jury

210

(1)

Need for a New Trial

210

(3)

Part 5: The Post-Trial Criminal Justice System

213

(84)

Conviction and Sentencing

215

(18)

The Purposes of Sentencing

216

(3)

Retribution

216

(1)

Incapacitation

217

(1)

Deterrence

217

(1)

Rehabilitation

218

(1)

Restoration

218

(1)

Cruel and Unusual Punishment

219

(1)

The Sentencing Hearing

220

(1)

Sentencing Options

221

(2)

Setting the Terms of the Sentence

223

(1)

Plea Bargaining

224

(4)

The Pros and Cons of Plea Bargaining

225

(2)

The Consequences of a Plea Bargain

227

(1)

The Ultimate Punishment: Death

228

(5)

The Juvenile Criminal Justice System

233

(10)

Why We Have a Juvenile Justice System

234

(1)

Who Is a Juvenile?

235

(1)

Differences in Juvenile Justice

235

(3)

Status Offenses

236

(1)

Public vs. Private Proceedings

236

(1)

Juvenile Justice Terminology

236

(2)

Similarities in Juvenile Justice

238

(1)

Pros and Cons of the Juvenile System

239

(1)

Juvenile Corrections and Placement

239

(1)

Transfer to Adult Court

240

(3)

Victim's Rights

243

(54)

The Victim's Bill of Rights

244

(1)

The Victim's Right to Be Present

244

(1)

The Victims Right to Be Informed

244

(1)

The Victim's Right to Be Heard

245

(1)

Victim Impact Statements

245

(4)

Restitution

249

(3)

Losses or Damages That Qualify

249

(1)

Collecting Restitution

250

(2)

Victim- and Witness-Protection Programs

252

(3)

Appendixes

Glossary

255

(18)

Sample Felony Plea Script

273

(6)

Online Resources

279

(14)

Common Objections in Criminal Trials

293

(4)

Index

297