Officer Daniels wants to get hold of this evidence. Can the attorney do anything to help Andrea if she tells the attorney that she committed the robbery? The conviction is overturned because the judge mistakenly barred certain evidence from the trial. Andrea is retried and this time is found not guilty. The vast majority of criminal prosecutions take place in state courts. The list below highlights some of the key differences between state and federal criminal systems:.
A state has power over defendants who violate the laws of that state. The federal government has power over defendants who commit criminal acts on federal property for example, an assault in a national park or whose criminal acts cross state lines for example, a kidnapper who transports a victim from Iowa to Missouri or a seller who deals in drugs that have crossed state lines.
The federal government also has jurisdiction over a group of federally defined crimes, such as offenses related to immigration fraud, U. It also has jurisdiction where, for example, someone tries to steal federally insured money. A state and the federal government can. In those situations, state and federal prosecutors make case-by-case decisions as to whether a defendant will be prosecuted in state or federal court.
In fact, sometimes both the state and the federal governments prosecute the same defendant. Police Officers. Typical state police officers are county sheriffs and city police officers.
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Federal criminal prosecutions are handled by U. Attorney General. Defense Attorneys. For information about the differences between government-paid and privately retained defense attorneys, see Chapter 7. Trial Courts.
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Most federal criminal prosecutions occur in United States District Courts. Federal trial judges are known as District Court judges; they are appointed for life by the president, subject to confirmation by the U. State court judges are typically initially appointed by governors and. In both state and federal courts, magistrates may preside over pretrial hearings, such as bail hearings, as well as less serious criminal trials.
All-Purpose vs. Specialized Judges. Some states also follow the all-purpose judge model. In many states, however, judges are specialized. For example, one judge may determine bail see Chapter 5 , another judge may hear pretrial motions see Chapter 19 , and a third judge may preside over a trial see Chapter We hope you enjoyed this material.
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The rest of this book is available for purchase. Nolo's Plain-English Law Dictionary. Represent Yourself in Court. Toggle navigation Shopping-cart 0 Toggle search. Search Term. Shop Products By Subject. Select Your Format Choose an Option Buy Now. Berman January , 15th Edition. See below for a full product description. The criminal justice system is complicated -- Understand it and your rights Criminal law is full of complex rules and procedures, but this book demystifies them.
In plain English, The Criminal Law Handbook covers: search and seizure arrest, booking, and bail Miranda rights arraignment plea bargains trials sentencing working with defense attorneys common defenses constitutional rights juvenile court preliminary hearings appeals public defenders victims' rights The 15th edition is completely updated, covering the latest changes in criminal law, including U. ISBN Number of Pages Product Details. About the Author. Table of Contents. Andrea Davidson , a Fictional Robbery Prosecution 1.
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Appeals Appeals Writs Sample Chapter. Andrea Davidson , a Fictional Robbery Prosecution This walk-through is intended to quickly familiarize you with what may happen as a case wends its way through the criminal justice system. See Chapter 1, Talking to the Police.
Can police officers search suspects as a matter of routine? See Chapter 2, Search and Seizure. What constitutes an arrest? Do police always take an arrested suspect to jail? Was the officer required to get a warrant before arresting Andrea? Andrea is taken to jail by Officer Daniels. How soon will Andrea have a chance to bail out of jail?
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Feeling very alone and scared, Andrea considers contacting a lawyer. Does Andrea have a right to an attorney? If Andrea is represented by a lawyer, does the lawyer make all the decisions? Multiple Coverage of Some Subjects As you read through the book, you may notice that the same topic may arise in more than one chapter. What happens at a lineup? Does Andrea have to participate in the lineup? Instead of conducting a lineup, could the police have shown the store owner a picture of Andrea?
If Andrea has a lawyer, does she have the right to have her lawyer attend the lineup? Can the police compel Andrea to speak during the lineup? Andrea is formally charged with armed robbery. Does Officer Daniels make the decision about whether to charge Andrea with a crime? How long does the government have to decide whether to charge Andrea with a crime?
Does the prosecutor have to seek an indictment from a grand jury? What does the prosecution have to prove to convict Andrea of armed robbery? It also provides critical information on working with a lawyer. In plain English, The Criminal Law Handbook covers: search and seizure arrest, booking, and bail Miranda arraignment plea bargains trials sentencing working with defense attorneys common defenses constitutional rights juvenile court preliminary hearings appeals public defenders This edition is completely updated, covering the latest in criminal law, including U. Supreme Court cases.
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Availability Available from another library. See Full Copy Details. More Info Place Hold. More Copies In Prospector. Loading Prospector Copies Table of Contents. Introduction: A walk-through of the case of State v. Andrea Davidson, a fictional robbery prosecution. Understanding the attorney-client relationship in a criminal case. Loading Excerpt Author Notes. Loading Author Notes LC Subjects. Criminal procedure -- United States -- Popular works. Law for laypersons. Popular works. More Details. Similar Series From NoveList.
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