Criminal Law and Procedure - Book Report/Review Example

Criminal Law and Procedure The content of this book is an overview of theory and practice of criminal law. The authors outline both criminal law and procedures that are used in a criminal case. According to the content of this book, there are several procedures that should be followed in a criminal case. The author asserts that each nation has its own procedure of addressing criminal cases. This book has two main parts. The first part addresses the concept of substantive criminal law, whereby the authors affirm that behavior is criminal. The first four chapters of this book outline the all the criminality principles that apply to almost all criminal cases. Chapters five, six, and seven provides definitions of certain criminal offenses such as larceny or killing. The other part of this book discusses the procedures that are followed to enforce a substantive law. According to the authors of this book, the procedures used to address criminal cases are different for different states. Pre-arrest investigation-the authors of this book, pre-arrest investigation is the first action to be carried out after a criminal offense occurs. After the police discover an alleged crime or somebody reports a crime to the police, the police must carry out a deep investigation to determine whether such allegations are true and who committed such crime. The key participants of this stage are the police officers and the suspects of the criminal offense. The prosecutors, the courts, as well as the defense counsel critically evaluates the entire process of investigation to determine whether the investigators acted in accord with the statutory or the constitution. Chapters nine, ten, and eleven covers the most often legally pre-arrest investigation actions used in most states and those that are in accord with most constitutions. Arrest- the second step of criminal procedure according to this book is the arrest stage. At this point, the authors assert that an arrest takes place after the police investigations enclose the facts that the suspects truly committed the alleged crime. Although sometimes a judicial officer, especially a magistrate, can issue a warrant of arrest, the act of arresting criminal suspects is a duty of police officers who sometimes acts with no judicial warrant. In addition, an arrest does not necessarily imply police officers should end their investigation. The authors state that, after the arrest takes place, the police should search the criminal suspect for any proof relating to the alleged crime. The investigations continue even after the police arrest the suspect in search of further clarification. Booking process- after a suspect is arrested; he or she is taken to a police station whereby he or she is suspected to what the authors of this book refer to as booking process. This process, which is mainly clerical, involves (i) completion of the arrest report and preparation of police record, (ii) photographing and fingerprinting the suspect, and (iii) and recording the name of that arrest, time, date, and place where the suspect was arrested in the police “blotter”. The initial appearance of a judicial officer- an arrest has also the right to a judicial hearing. However, if the suspect was arrested without a warrant of arrest, the judicial must determine whether the police had enough evidence to arrest him or her and if not, the arrestee is released from the custody. Preliminary hearing- the authors of this book state that a preliminary hearing step is a judicial proceeding whose purpose is to verify whether there are logical grounds that requires the arrestee to stand a trial. The difference between the first appearance and a preliminary hearing is that in the preliminary hearing the suspect is permitted to introduce evidences while in the first appearance the only evidence that is accepted is that the police used to arrest the accused. Grand jury information- at this step, a grand jury carries further investigation about the case using documentary and witness evidences that are relevant to the criminal case. In general, only the evidence that the prosecutor collects is handed to the GJ (Grand Jury). Arraignment and plea- in this step, the accused is brought before the law court for the charges. At this time, the arrestee is asked to make a plea for the charges. In most cases, this takes place a couple of weeks before the actual trail. In most cases, the arrestee enters a plea of being guilty or not guilty. In many situations, the sentence range and guilt of the defendant are determined by the plea agreements. Pretrial motions-pretrial motions refers to appeals to the trial court to take some actions such as ruling over any illegal evidence, dismissing any faulty indictment, or ordering the two groups to reveal convinced information. In concentrate, such matters must take place before the trial date. Trial- according to the authors of this book, the United States criminal justice structure is an adversarial procedure that assigns all participants who are involved in the trial a specific role. The judge of any case is not supposed to advocate either of the sides. The judge should be concerned with enforcement of procedural rules. The primary role of a prosecutor is to assemble all the evidences against the defendant. During the trial, the defendant is not supposed to present any evidence. The resistance attorney plays the role of ensuring that the accused wins the case without any violation of the law. The jury takes into account evidences from both sides and has the right to determine whether the accused is guilty or not guilty. Sentencing-this is the last step in criminal law and procedure. In some states, the jury has the responsibility of setting the sentence, while in others; the trial judge plays this role. By statute, some charges require mandatory sentences, whereby the judge does not have discretion. In most situations, the judge is supposed to exercise discretion, whereby he determines the appropriate range of sentence for the criminal according to the guidelines of the constitution. As noted earlier in this review, this book consists of two major parts; part one and part two. Part one of this book explains the meaning of substantive criminal law while the second part outlines the criminal procedure that is discussed above. Therefore, the book can be used in all levels of law, education such as undergraduates, degree courses, and parallel courses. Generally, the content of the first part tries to affirm that conduct is a criminal. In this part, the authors cover several essential elements of criminal law, which include; defining and proving a crime, essential elements of a crime, crime parties, defenses, crimes against an individual, crimes against habitation and property, and crimes against public morality and public order. The second part of this book covers the procedural steps to be followed in a criminal case. The authors explain the above steps of the justice system in details. The main content of this book outlines both criminal law and procedures that are used in a criminal case. The second part of the book also covers issues such as punishment, verdict, and judicial review, stages of prosecutions, and procedures as well as the freedom to counsel. The book covers almost all elements of criminal law and procedure. The content of the book is almost similar and related to the book we are currently reading in class. This is a very helpful book for all law students. However, the procedures outlined in this book do not apply in all states. This is because every state has its own procedures of addressing criminal cases. Reference Bacigal, R. & Tate, M. (2011). Criminal law and procedure: An Overview. Alphen aan den Rijn, The Netherlands: Wolters Kluwer Law & Business. Read More