YOU'RE UNDER ARREST!
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NEW TITLE FOR 2018
"YOU'RE UNDER ARREST! UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM"
By Margaret C. Jasper, Esq.
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- “You’re Under Arrest”—words that nobody ever wants to hear. This book is designed to help the reader who is facing their first brush with the law by providing an overview of the criminal justice system and the people and procedures one may encounter along the way.
- As discussed in this book, the complexity of your unfortunate journey depends, in large part, upon the type and degree of the crime you are accused of committing. It is important to understand what you are facing as a defendant. This book sets forth an overview of the American criminal justice system, including the role of law enforcement and the criminal court system. The unique jurisdiction of the family court over juvenile delinquents and minors in need of supervision is also discussed.
- This book also explores the constitutional rights of the accused, and describes the criminal trial, including the role of the prosecutor, criminal defense attorney, judge, jury, the offender and the victim. In addition, the criminal appeal process is also examined.
- The Appendix provides arrest statistics, sample forms, and other pertinent information and data. The Glossary contains definitions of many of the terms used throughout the book.
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ISBN: 978-0-9841404-0-4 Hardcover, 144 Pages List Price: $29.99
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TABLE OF CONTENTS
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INTRODUCTION
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CHAPTER 1: YOU’RE UNDER ARREST!
In General
Arrest Statistics
Stop and Frisk
Maintain Your Composure
Traffic Stop
Search Warrant
Reasonableness Requirement
Application for a Search Warrant
Arrest Warrant
Arrest Without a Warrant
The Citation
The Charges
Misdemeanor Charges
Felony Charges
The Miranda Rule – Your Right to Remain Silent
Miranda v. Arizona
The Miranda Warnings
Driving Under the Influence (DUI)
Vision Test
Motor Function and Balance Tests
Breathalyzer Test
Blood Test
DUI and Marijuana Legalization
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CHAPTER 2: BOOKING, ARRAIGNMENT AND BAIL
Booking
Arraignment
Plea Bargaining
Negotiating a Plea
Diversion Programs
Bail
Bail Bond Agent
Order of Protection
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CHAPTER 3: THE GRAND JURY
In General
Eligibility
The Proceedings
Grand Jury Secrecy
Presentation of Evidence
Deliberations
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CHAPTER 4: PRE-TRIAL MOTIONS
In General
Types of Motions
Motions to Suppress
Suppression Hearings
“Mapp” Hearing
“Huntley” Hearing
“Wade” Hearing
“Dunaway” Hearing
Right to a Speedy Trial
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CHAPTER 5: SURVIVING THE TRIAL
In General
Court Personnel
The Judge
Court Clerk
Court Officers
Court Reporter
Court Interpreter
Attorneys
The Jury
The Trial
Jury Selection
Challenges for Cause
Peremptory Challenges
The Opening Statements
Admissible Evidence
Direct and Circumstantial Evidence
Presentation of Evidence – The Prosecution
Motion for a Directed Verdict
Presentation of Evidence – The Defense
To Testify or Not to Testify
The Rebuttal
Motion for a Mistrial
Final Motion for Directed Verdict
Closing Arguments
Jury Instructions
Jury Deliberation
The Verdict
Double Jeopardy
Post-Verdict Motions
Motion in Arrest of Judgment
Motion for a New Trial
Sentencing
Concurrent and Consecutive Sentences
Incarceration Statistics
State and Federal Prisoners
Private Prisons
Jail Inmates
Probationers and Parolees
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CHAPTER 6: APPEALS
In General
Right to Appeal
The Appeal Process
The Parties
Filing the Appeal
Oral Arguments
The Appellate Decision
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Chapter 7: JUVENILES
In General
Persons in Need of Supervision
The PINS Petition
Disposition
The Interstate Compact on Juveniles
Juvenile Delinquents
The JD Petition
Adjustment
Probable Cause Hearing
Fact-Finding Hearing
Dispositional Hearing
Probation Report
Dispositional Alternatives
Sealing of Records
School Crime
Statistics
Consequences
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APPENDICES
APPENDIX 1: The Sequence of Events in the Criminal Justice System
APPENDIX 2: Number of Arrests by Type of Crime (2016)
APPENDIX 3: Number of Arrests by Gender (2015)
APPENDIX 4: Number of Arrests by Race (2016)
APPENDIX 5: Number of Arrests by Age (2016)
APPENDIX 6: Sample Application for Search Warrant
APPENDIX 7: Sample Arrest Warrant
APPENDIX 8: Sample Uniform Citation
APPENDIX 9: Sample Order of Protection
APPENDIX 10: Sample Grand Jury Impanelment Instructions
APPENDIX 11: Composition of Grand Juries by State
APPENDIX 12: Trial Juror Qualifications by State
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GLOSSARY
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BIBLIOGRAPHY AND SUGGESTED READING