- ISBN13: 9781413310535
- Condition: NEW
- Notes: Brand New from Publisher. No Remainder Mark.
Product Description
Criminal law rules and procedures, explained in plain English.
The criminal justice system becomes increasingly complex each year as new laws and decisions can change legal standards dramatically. And at a time when even law enforcement is being affected by hiring freezes and budget cuts, the result is fewer resources and public programs for those accused of crimes, and their friends and families. That’s why it’s crucial that you have access to clear and … More >>
The Criminal Law Handbook: Know Your Rights, Survive the System
Tags: budget cuts, crimes, Criminal, criminal justice system, criminal law, decisions, freezes, Handbook, Know, law enforcement, new laws, plain english, remainder mark, Rights, Survive, System
#1 by terpfan1980 on March 23, 2010 - 11:08 pm
In the not so distant past (well, maybe it would be a little distant, as it was a few years back…) my first offspring decided to take a few of the items on a ‘fun things to do to cause trouble at –discount department store–’ and actually try them out. While the whole experience was something that makes me snicker, it was a very serious matter as my family very well could have been visiting that offspring at a juvenile detention facility. Thankfully the matter was handled in a reasonable matter by the appropriate law enforcement personnel/jurisprudence system, though there was still some fear that with even the smallest of infractions that the equivalent of a probation before judgement would become an excuse to send a deliquent off to punishment.
Besides that little adventure I have my own personal tale of woe that I won’t go into here. Suffice it to say that as someone that normally would be considered a big supporter of law enforcement I learned that there are plenty of times when bad things happen to good people at the hands of what are supposed to be other good people.
Such was the inspiration in getting this book, though those aren’t the only reasons as I tend to seek out books in the Nolo series knowing that when I get them I can pretty much count on them being very, very useful resources.
As with other books in the Nolo guide/handbook series, this book provides an easy to understand and follow guide to the Criminal Law system. Even if you expect to never be on the wrong side of the law, this book can help you understand how the legal system, specifically the criminal law system, works. It may not be something you’d read like a Grisham novel, or watch like a TV show, but it does the job it is intended for and for that earns a strong ‘buy it’ rating.
Rating: 4 / 5
#2 by J. Penrose on March 23, 2010 - 11:15 pm
Once more, Nolo Press has created an indispensable book for the non-lawyer.
This book belongs in almost every home or at least should be read by nearly every adult. it tells you, in detail and with minimal legal jargon, how the criminal court system works from arrest to processing, to arraignment, to trial, appeals and beyond.
It tells you what you need to know if you are ever entangled in the U. S. criminal justice system, how to use what you know, what to expect and what to do about it both while it is happening and after. It’ll tell you what to say (almost nothing), who to say it to (almost no one) and what to do to get the help you will desperately need.
The book does not have an editorial slant one way or the other, it’s a neutral but very helpful friend: “You’re in trouble, here’s what to do to make sure you get a fair shake and here’s what NOT to do to make sure you don’t throw away your freedom by mistake”. Sometimes the very worst thing you can do is “tell your side of the story” to the police or the prosecutor. Read this book and you will learn why silence is very often your best defense and one of the greatest gifts the Founders put into the Constitution.
Most people have a very confused (and often very wrong) idea of how the criminal legal process works. Too much crime drama and not enough facts. This book has the facts.
If you’re ever arrested or someone you are responsible for is arrested, you need this book because almost everything you think you know about arrest and trial is wrong. It’s no substitute for a good lawyer but the practical advice in here will certainly save you from making grave mistakes that can harm your case or even get you convicted of something you never actually did.
Nolo Press has been making the law available to the layman for decades now. Every book of theirs I have read has been a gem worth far more than the cover price. This is one of their best.
Rating: 5 / 5
#3 by Alain B. Burrese on March 24, 2010 - 1:53 am
“The Criminal Law Handbook: Know Your Rights, Survive the System” by Attorneys Paul Bergman & Sara J. Berman is an impressive 678 page tome of information all about criminal law. The book sets out to assist you with understanding the confusing rules and procedures involved with criminal offences and to teach you how the system works, why police, lawyers, and judges do what they do, and most importantly, what you can do to limit the harm. I feel it accomplishes that goal very well. Most of the book is written in an understandable question-and-answer format to explain the criminal justice system, both inside and outside the courtroom. It goes from initial police questioning through trials to prison and parole.
One must remember that Nolo focuses on making the law accessible to everyone, and the books published by Nolo do an outstanding job of doing just that. Therefore, this book isn’t a criminal law text book as you would find in law school, but a comprehensive guide for the non-lawyer or layperson. For such a guide, it is very good and includes a lot of information.
The twenty-seven chapters are broken down like this:
Chapter One: Talking to the Police. Chapter provides information on police questioning of people who haven’t been taken into custody and questioning of arrestees.
Chapter Two: Search and Seizure. Some of the topics covered here include: search warrants, plain view doctrine, stop and frisk, searches of cars, and warrantless searches.
Chapter Three: Arrest: When It Happens, What It Means. This chapter covers general arrest principles, arrest warrants, warrantless arrests, use of force when making arrests, and citizens’ arrests.
Chapter Four: Eyewitness Identification: Psychology and Procedures. Topics include eyewitness identification procedures, psychology of eyewitness identification, lineups, showups, photo identification, and motions to suppress identification.
Chapter Five: Booking and Bail: Checking In and Out of Jail. The booking process, arranging for bail, and being released on your own recognizance are covered here.
Chapter Six: From Suspect to Defendant. This chapter focuses on crime and criminal cases and charging, grand juries, and diversion.
Chapter Seven: Criminal Defense Lawyers. Do you need a lawyer, court-appointed attorneys, private defense attorneys, and self-representation are covered in this chapter.
Chapter Eight: Understanding the Attorney-Client Relationship in a Criminal Case. Topics include confidentiality, client-centered decision making, lawyer-client communication, among others.
Chapter Nine: A Walk Through Criminal Court. The courthouse, courtroom, courtroom players, and courtroom behavior are explained.
Chapter Ten: Arraignments. Timing and self-representation at arraignments are looked at here.
Chapter Eleven: Developing the Defense Strategy. Just what the chapter title says, the basics of defense strategy.
Chapter Twelve: Crimespeak: Understanding the Language of Criminal Laws. Basics about things such as murder and manslaughter, sexual violence, burglary, robbery, hate crimes, Patriot Act and more.
Chapter Thirteen: Defensespeak: Common Defenses to Criminal Charges. Topics such as partial defenses, self-defense, alibi, and insanity are covered here among others.
Chapter Fourteen: Discovery: Exchanging Information With the Prosecution. Discovery is an important part of any legal or civil case and this chapter provides the basics for the criminal arena.
Chapter Fifteen: Investigating the Facts. Interviews and witnesses are a couple of the things covered here.
Chapter Sixteen: Preliminary Hearings. What they are, what your rights are, and common strategies of both sides are presented here.
Chapter Seventeen: Fundamental Trial Rights of the Defense. Topics covered include: Due Process, Burden of Proof, Right to Remain Silent, Right to Confront Witnesses, Right to Jury Trial, Right to Counsel, and others.
Chapter Eighteen: Basic Evidence Rules in Criminal Trials. There are procedures that must be followed when presenting evidence and this chapter provides guidelines for doing it right.
Chapter Nineteen: Motions and Their Role in Criminal Cases. Learn what they are and what they are for in this chapter.
Chapter Twenty: Plea Bargains: How Most Criminal Cases End. Basics on plea bargains, the pros and cons, the process, and the strategy of negotiating plea bargains are covered in this chapter.
Chapter Twenty-one: The Trial Process. Good chapter on the various aspects of a trial from choosing a judge or jury to deliberations and verdict.
Chapter Twenty-two: Sentencing: How the Court Punishes Convicted Defendants. The basics of sentencing procedures and options and a bit about the death penalty.
Chapter Twenty-three. Appeals: Seeking Review by a Higher Court. Losing at trial does not necessarily mean it is over. This chapter covers appeals and writs.
Chapter Twenty-four: How the Criminal Justice System Works: A Walk Through Two Drunk Driving Cases. Examples using drunk driving.
Chapter Twenty-five: Juvenile Courts and Procedures. Special chapter explaining the how things work in Juvenile Courts.
Chapter Twenty-six: Prisoners’ Rules. Information covering prisons and prisoners’ rights, legal resources, parole and pardons.
Chapter Twenty-seven. Looking Up the Law. What and where to research, including a glossary.
Again, this book is a large tome of information. It is organized well and has many side-bars and examples. If you have a question regarding criminal law, more than likely this book will have an answer. The authors do point out that the law varies from state to state, and I’d recommend that besides this book, anyone dealing with the criminal system on their own look to the statutes in the jurisdiction they are in to ensure they have the law that is applicable to their case. That’s why I really like that the final chapter provides guidance in this area. The authors also note that the book is not intended as a detailed guide to self-representation. It is a thorough overview of the entire system, but it’s not everything, and that’s because you can’t put everything regarding our complex system in one book.
This is an excellent tour of the criminal justice system and one of the best resources around for the layperson who wants or needs to navigate the complex maze of rules and laws that make up our system. I recommend it highly for anyone who wants to know all about criminal law.
Reviewed by Alain Burrese, J.D., author of Hard-Won Wisdom From the School of Hard Knocks and the dvds: Hapkido Hoshinsul, Streetfighting Essentials, Hapkido Cane, the Lock On Joint Locking Essentials series and articles including a regular column on negotiation for The Montana Lawyer. Alain Also wrote a series of articles called Lessons From The Apprentice.
Rating: 5 / 5
#4 by William B. Dwinnell IV on March 24, 2010 - 3:48 am
Note: My primary interest in this book was in the material on encounters with police officers on the street.
I found some light was shed on important aspects of the law regarding individual’s rights and obligations under American law when dealing with the authorities. However, I was concerned that the information imparted was incomplete and that the advice given was possibly not practical.
Rating: 2 / 5
#5 by Alberto Vargas on March 24, 2010 - 5:38 am
Before I got this book, I did not know much more about criminal law than what you can see on police TV shows. After reading this book, I feel much better informed. Every adult ought to be informed about their legal rights, and how to avoid self-incrimination.
This is a very thorough book. Its goal is not to teach you how to defend yourself in court or even to explain all possible state and federal criminal legislation; it is unreasonable to expect that in a single book. The book is simply a guide for non-lawyers that helps them understand the principles behind criminal law and procedure (with plenty of examples), and in the process makes you more informed when you do get to interact with police, courts, and lawyers.
The book is very well written. It shows simplified hypothetical cases, and cites many actual court cases (some as recent as 2008, so the information is fresh). In each chapter, the information is presented as a series of questions and answers, which makes it easier to read and understand. Some questions are generic like “What are the search and seizure provisions of the Fourth Amendment all about?” and others towards the end of a chapter are much more specific like “Can a government medical facility perform drug tests on pregnant women for police procedures?” If anything, the last question should show you that the authors have been very thorough in covering their subject matter. The overall tone of the book is professional, informative and unbiased, without any prejudice against the justice system or the police. Where there are caveats and examples of police overstepping their bounds or engaging in questionable behavior, they are supported by references to legal cases.
Here is the table of contents, so you know what is covered:
1. Talking to the police
2. Search and seizure
3. Arrest: when it happens, what it means
4. Eyewitness identification: psychology and procedures
5. Booking and bail: checking in and out of jail
6. From suspect to defendant
7. Criminal defense lawyers
8. Understanding the attorney-client relationship in a criminal case
9. A walk through criminal court
10. Arraignments
11. Developing the defense strategy
12. Crimespeak: understanding the language of criminal laws
13. Defensesepeak: common defenses to criminal charges
14. Discovery: exchanging information with the prosecution
15. Investigating the facts
16. Preliminary hearings
17. Fundamental trial rights of the defense
18. Basic evidence rules in criminal trials
19. Motions and their role in criminal cases
20. Plea bargains: how most criminal cases end
21. The trial process
22. Sentencing: how the court punishes convicted defendants
23. Appeals: seeking review by a higher court
24. How the criminal justice system works: a walk through two drunk driving cases
25. Juvenile courts and procedures
26. Prisoners rules
27. Looking up the law
In closing, I highly recommend this book to anyone interested in knowing more about criminal law and their related legal rights.
Rating: 5 / 5