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The "How" of Criminal Law

NCJ Number
Francis M. Conlon
Cliff Mariani
Date Published
56 pages
This handbook offers a guide to courtroom procedures for all members of the criminal justice system, including judges, lawyers, and law enforcement officers.
Ten chapters focus on each stage of the criminal law proceedings and act as a “how to” manual that should be used in conjunction with the Penal Law and Criminal Procedure Law. Chapter 1 focuses on how the criminal proceeding begins, usually with an arrest, and describes the warrant of arrest and the appearance ticket. Chapter 2 describes the composition and procedures of the grand jury before chapter 3 moves on to an explanation of the purpose of the arraignment, beginning with the question of whether or not a defendant is required to appear. Chapter 4 outlines the preparation work that must be undertaken prior to a trial, discussing the use of motions for discovery of evidence and motions to suppress evidence, while chapter 5 describes the use of search warrants, including eavesdropping warrants, and the reasons under which a motion to suppress evidence may be brought. Chapter 6 enumerates the steps during the initial proceedings of the trial, focusing on the use of witnesses, and chapter 7 discusses courtroom demeanor and jury selection. Advice is offered on proper dress and courtesy, the jury selection process is described, and types of challenges to the jury are defined. Chapter 8 focuses on the requirement of the district attorney to make an opening statement to the jury and chapter 9 details the actual trial. Several terms are defined, including hearsay, admissions or confessions, “res gestae,” dying declaration, failure to deny, and character evidence, among others. The use of child witnesses is considered in chapter 9 before chapter 10 wraps up the book with a description of the motions that may arise during a trial, such as motions for mistrials and motions for a trial order of dismissal. Index


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