Criminal Procedure: Law and Practice by Rolando V. del Carmen

By Rolando V. del Carmen

Choked with many examples from real-world events confronted by way of today's legislations enforcement pros, legal strategy: legislation AND perform promises a realistic figuring out of the present laws in legal strategy. whole, present, and accurate--without bogging you down in pointless details--this enticing publication comprises assurance of the legislations on arrests, searches and seizures, automobile stops, use of strength, interrogations, and line-ups. It additionally discusses present themes resembling racial profiling, DNA facts, plea bargaining, terrorism, and digital surveillance. lengthy identified for its relevance to day by day legislations enforcement, this ebook good points fascinating case briefs, pattern police types, hypothetical instances, and insurance of the newest U.S. ultimate court docket rulings. transparent and reader-friendly, this booklet makes legislation enforcement felony recommendations effortless to appreciate and observe.

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The right to a lawyer during probation revocation hearings, for instance, is not constitutionally required, but many state laws give probationers this right. The right to jury trial is not constitutionally required in juvenile cases, but it may be given by state law. State law often determines the procedures the police must follow and available remedies if these procedures are breached. S. Supreme Court decisions allow the stopping of motor vehicles based on reasonable suspicion, a lower degree of certainty).

S. Supreme Court becomes the final arbiter. The existence of a dual court system and the limited jurisdictional reach of the vast majority of courts make it highly probable that courts will render conflicting decisions on a legal issue. The appellate process provides a forum for resolving these conflicts if the cases are appealed. If no appeal is made, the conflict remains. For example, a federal district court in the Southern District of Ohio may rule that jail detainees are entitled to contact visits, whereas another federal district court in the InAction JURISDICTION AND VENUE Benny Stilton is a 37-year-old ex-con who was paroled from Florida State Prison in June 2007 after serving 12 years for defrauding investors in a real estate deal.

Or state law may bar police pursuits of motor vehicles except in rural areas and only when the suspect is likely to have committed a serious crime that poses an imminent danger to the public. S. Supreme Court considers the prohibited practice constitutional. CASE LAW VERSUS COMMON LAW Case law is law promulgated in cases decided by the courts. When deciding cases, the courts gradually develop legal principles that become law. This law is called unwritten or judge-made law, as distinguished from laws passed by legislative bodies.

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