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