U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Basic Criminal Procedures

NCJ Number
Edward E. Peoples
Date Published
223 pages
Intended as a textbook for a course on "Introduction to Criminal Procedure," this book contains chapters on fundamental concepts of law, the exclusionary rule, laws of arrest, the meaning and application of "Miranda," booking and custody procedures, the court structure and pretrial procedures, the trial, sentencing procedures and alternatives, and post-sentencing procedure.
As a basis for the following chapters, the first chapter presents fundamental concepts and historical developments that have formed the foundation of the procedural aspects of the American justice system. A chapter on the exclusionary rule reviews the court cases leading to the exclusionary rule and those cases that have specified exceptions to the exclusionary rule. A chapter on the laws of arrest examines police procedures from the point of first contact between a citizen and a law enforcement officer through all the elements of detention and arrest. This is followed by a chapter on the "Miranda" court decision and its meaning and application in police interrogations. Also included is a discussion of when the "Miranda" warning is not needed and how it should be applied in juvenile cases. A chapter then explains the procedures and requirements required in a detention facility where arrested persons are booked and held pending some type of release. Another chapter describes the structure of the court system, including the jurisdiction of each court and the procedures that occur. The new consolidation court model, abolishing the lower courts, is addressed as well. This chapter also discusses pretrial procedures. The seventh chapter considers trial procedures, from the point of jury selection through the presentation of evidence to the verdict. Sentencing goals and procedures, along with sentencing alternatives, are presented in Chapter 8. The concluding chapter addresses a variety of post-sentencing procedures, including county parole and State parole, the requirements for police in searching parolees, the role of the parole board, sex offender registration requirements, sexually violent predator laws, and the four most common writs (habeas corpus, certiorari, mandamus, and prohibition). An overview of death penalty procedures is also presented, followed by a discussion of four types of executive clemency. Each chapter contains a summary, key terms and concepts, and references.