NCJ Number
61229
Date Published
1979
Length
1394 pages
Annotation
THE PRINCIPLES OF STATUTORY AND CASE LAW REGARDING THE CRIMINAL JUSTICE PROCESSES OF INVESTIGATION AND ADJUDICATION ARE PRESENTED IN THIS WORK INTENDED PRIMARILY FOR LAW STUDENTS.
Abstract
BOOK ONE OF THE TEXT FOCUSES ON INVESTIGATION. CONSEQUENCES OF ILLEGAL SEARCH AND SEIZURE, AGGRIEVED PERSONS, INDIRECT USE OF EXCLUDED EVIDENCE, THE CIVIL ALTERNATIVE, ARTICLES SUBJECT TO SEIZURE, AND SEARCHES UNDER VARIOUS CIRCUMSTANCES ARE DISCUSSED. ADDITIONAL TOPICS OF THE INVESTIGATION PROCESS INCLUDE COMPULSORY ACCOUNTS OF WITNESSES, EXTERNAL OBSERVATION AND SURREPTITIOUS SOLICITATION, AND ESPIONAGE. THE BOOK CONCLUDES WITH A DISCUSSION OF EXAMINING THE BODY AND MIND OF THE SUSPECT. THESE CHAPTERS FOCUS ON OBJECTIVE EVIDENCE FROM THE BODY, COMPELLED TESTIMONIAL EVIDENCE, LOCAL CONSIDERATIONS OF OTHER PROHIBITIONS ON INTERROGATION, VISUAL IDENTIFICATION OF THE DEFENDANT, AND ORAL EVIDENCE FROM THE DEFENDANT. BOOK TWO INVOLVES THE ADJUDICATION PROCESS. THE SOURCE AND NATURE OF THE ACCUSATION, DISCOVERY AND DISCLOSURE, BAIL AND PREVENTIVE DETENTION, AND EXTRADITION AND THE ATTENDANCE OF WITNESSES ARE EXPLAINED. BARS TO PROSECUTION SUCH AS IMMUNITY, MENTAL INCAPACITY, AND FORMER JEOPARDY ARE THEN HIGHLIGHTED. TRIAL TOPICS DESCRIBED INCLUDE PLEADING GUILTY, SPEEDY TRIAL, PUBLIC TRIAL, ORDERLY TRIAL, ASSISTANCE OF COUNSEL, AN IMPARTIAL JURY, AND CONFRONTATION. THE BOOK CONCLUDES WITH CHAPTERS DISCUSSING THE ROLE OF THE DEFENDANT, THE PROSECUTOR, AND THE JUDGE, AND MODERATION OF JUDGMENT. A TABLE OF CASES, FOOTNOTES, AND AN APPENDIX ARE INCLUDED IN THE TEXTBOOK. (LWM)