twelfth edition procedures in the justice …cliff roberson: the fourth through eighth editions have...

Cliff Roberson, LLM, Ph.D.

Professor Emeritus, Washburn University and Retired Professor of Criminology, California State University, Fresno

Robert Winters J.D.

Professor of Criminal Justice, Purdue University, Global

330 Hudson Street, NY NY 10013

TWELFTH EDITION

PROCEDURES IN THE JUSTICE SYSTEM

A01_ROBE6275_12_SE_FM.indd 1 07/09/18 6:21 PM

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ISBN-10: 0-13-518627-7ISBN-13: 978-0-13-518627-5

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Library of Congress Cataloging-in-Publication Data

Names: Roberson, Cliff, author. | Winters, Robert C. author.Title: Procedures in the justice system / Cliff Roberson, LLM, Ph.D.,

Professor Emeritus, Washburn University and Retired Professor of Criminology, California State University, Fresno; Robert Winters J.D., Professor of Criminal Justice, Purdue University, Global.

Description: Twelfth Edition. | Hoboken, New Jersey: Pearson, [2020] | Includes bibliographical references and index.Identifiers: LCCN 2018025029 | ISBN 9780135186275 | ISBN 0135186277Subjects: LCSH: Criminal procedure—United States. | Criminal justice, Administration of—United States.Classification: LCC KF9619 .S8 2020 | DDC 345.73/05—dc23 LC record available at https://lccn.loc.gov/2018025029

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Cliff Roberson: The fourth through eighth editions have been dedicated to our colleague Gilbert Stuckey. This edition, like the ninth, tenth and eleventh, is dedicated to my friend and colleague Paul Harvey Wallace. Harvey and I were fellow Marines, friends, and coauthors for

sixteen years. We coauthored ten books together. I still miss him.

Robert Winters: To Sue, my wife and Mike, my son, for your unfailing support, encouragement and inspiration.


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Br ie f Contents

PREFACE x i i i

Chapter 1 An Introduction to the Justice System 1

Chapter 2 Search and Seizure 38

Chapter 3 Arrest and Custody 71

Chapter 4 Law Enforcement and the Citizen on the Street 100

Chapter 5 Privilege Against Compulsory Self-Incrimination 116

Chapter 6 Initial Appearance and Arraignment 135

Chapter 7 Assistance of Counsel 174

Chapter 8 Pretrial Motions, Hearings, and Plea Negotiations 199

Chapter 9 Courtroom Evidence 221

Chapter 10 Jury 244

Chapter 11 Trial Procedure 267

Chapter 12 Deliberation of the Jury and the Verdict 296

Chapter 13 Sentencing and Appeals 320

Chapter 14 Collateral Proceedings and Writs 351

Appendix A Outline of Trial Procedure 367

Appendix B Motion for the Production and Inspection of Evidence and Information That May Lead to Evidence 369

Appendix C Procedures for Filing for A Writ of Habeas Corpus 371

GLOSSARY 382

INDEX 389


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PREFACE x i i i

Chapter 1 An Introduction to the Justice System 1Overview 2Goals of the Justice System 4Justice System Structure and Process 6Common Law 7Modern Criminal Law 8What Constitutes Justice? 8Rule of Law 8Classification of Crimes and Punishment 9Justice System 10Historical Development of the Bill of Rights 12Court Structures 17State Court System 20Federal Court System 25Venue 26Jurisdiction 27Criminal Law Administration 31

What Is the Primary Duty of a Prosecutor? 32 ❚ Judicial Definitions 33 ❚ Summary 36 ❚ Review Questions 36 ❚ Answers to “How Would You Rule?” 36 ❚ Local Procedure 37 ❚ Endnotes 37

Chapter 2 Search and Seizure 38History and Purpose of the Fourth Amendment 39Protected Areas and Interests 40Expectation of Privacy Zone 41Exceptions to the Fourth Amendment 43Inspections and Regulatory Searches 52Independent State Grounds 53Probable Cause 53Search with a Warrant 54Exclusionary Rule 57Fruits of the Poisonous Tree Doctrine 60Case Law 61

How Would You Rule? 68 ❚ Summary 68 ❚ Review Questions 69 ❚ Answer to “How Would You Rule?” 69 ❚ Endnotes 69

Contents


Contents viii ▼

Chapter 3 Arrest and Custody 71Arrest of the Law Violator 72Arrests and Warrants 73Territorial Jurisdiction to Make an Arrest 77Force in Effecting an Arrest 80Miranda and Its Effect 84Immunity from Arrest 91Booking 92Issuance of a Citation 93Summons 94Case Law 94

How Would You Rule? 98 ❚ Summary 98 ❚ Review Questions 98 ❚ Answer to “How Would You Rule?” 99 ❚ Local Procedure 99 ❚ Endnotes 99

Chapter 4 Law Enforcement and the Citizen on the Street 100Introduction 101Stop and Frisk 101NYPD Stop-and-Frisk Program 106Highway Checkpoints 107Canine Sniffing 109Case Law 110


Chapter 5 Privilege Against Compulsory Self-Incrimination 116Introduction 117When the Privilege Applies 118Handwriting Exemplars 119Proceedings in Which the Privilege Applies 121Procedural Aspects of Privilege 122Voluntariness Test 122Due Process Test 124Using Psychological Advantages in Interrogation 125Miranda 126Right to Counsel During Interrogations 129Waiver of Rights Under Miranda 129Case Law 130



Contents ix ▼

Chapter 6 Initial Appearance and Arraignment 135Purpose of the Initial Appearance 136Arraignment 142Preliminary Hearing 154Grand Jury 156Complaint 163Bail 164Case Law 170

Summary 172 ❚ Review Questions 173 ❚ Local Procedure 173 ❚ Endnotes 173

Chapter 7 Assistance of Counsel 174Presence of the Defendant at a Trial 175Right to Counsel 180Case Law 195


Chapter 8 Pretrial Motions, Hearings, and Plea Negotiations 199Introduction 200Pretrial Right of Discovery 200Motion to Suppress Evidence 205Motion to Dismiss Charges 208Motion for Continuance 208Motion for Severance of Offenses 209Motion for Severance of Defendants 210Motion to Determine Competency 211Pretrial Conference 212Plea Negotiation 212Case Law 217


Chapter 9 Courtroom Evidence 221Introduction 222Hearsay Rule 222Rulings on Evidence 225Judicial Notice 227Relevant Evidence 228Rape Shield Laws 230Witnesses 231


Contents x ▼

Documents 238Case Law 240


Chapter 10 Jury 244Introduction 245A Jury of One’s Peers 245Jury Panel or Jury List 247Exemption from Jury Duty 251Challenging Jurors for Cause 251Peremptory Challenge 256Alternate Jurors 259Sequestering the Jury 260Future of the Jury System 262Case Law 264


Chapter 11 Trial Procedure 267Introduction 268Opening Statements 268Reasonable Doubt 269Witnesses 270Subpoena 272Examination of Witnesses 273Defense Presentation 280Rebuttal by the Prosecution 283Not Guilty by Reason of Insanity 284Closing Arguments 290Case Law 292


Chapter 12 Deliberation of the Jury and the Verdict 296Instructions to the Jury 297Deliberations 299Verdict 309Case Law 315



Contents xi ▼

Chapter 13 Sentencing and Appeals 320History of Punishment 321Types of Sentencing and Sentences 325Death Penalty 333Fines 338Appeals 340Appellate Court Citations 344Case Law 345


Chapter 14 Collateral Proceedings and Writs 351Introduction 352Extradition 352Writs 356Case Law 359Victim Impact Statements 360

Summary 365 ❚ Review Questions 366 ❚ Local Procedure 366 ❚ Endnotes 366

Appendix A Outline of Trial Procedure 367

Appendix B Motion for the Production and Inspection of Evi-dence and Information That May Lead to Evidence 369

Appendix C Procedures for Filing for A Writ of Habeas Corpus 371

GLOSSARY 382

INDEX 389


xiii ▼

The judicial procedures involved in a criminal case are complex and interesting. The text, Procedures in the Justice System, is designed to cover the judicial procedures involved in a criminal case from arrest to conviction and sentencing. It is also designed with an appro-priate amount of material that covers the key issues yet is concise enough to allow the material to be covered in a one-semester course. As noted by the numerous television shows and movies involving the issues, the path is exciting and, in many cases, real life is stranger than fiction. Accordingly, the many examples used in the text to illustrate different points were all taken from actual court cases and are not works of fiction.

The twelfth edition of Procedures in the Justice System continues the tradition of pro-viding the reader with a thorough understanding of our justice system from the time of arrest through the sentencing of the criminal offender. Legal rules of procedure are pre-sented in language that is easy to understand. The high crime rate continues to be one of society’s major problems not only in the United States but also throughout the world. It is the primary responsibility of those directly connected with the justice system, such as members of law enforcement agencies, the courts, and correctional officers, to fight crime. Yet, to effectively curb crime, society needs the assistance of every law-abiding person.

By studying history, we often see the mistakes of the past and thus can make efforts not to repeat those mistakes in the future. One past mistake was the failure to recognize that the members of the justice system are a team who must work together. Yet, to work as a team, it is necessary for each member to understand his or her own responsibility as well as that of each of the other members.

This book was written for those interested in our justice system, particularly police and correctional science students. It explains the duties and responsibilities of the law enforce-ment agencies, courts, and correctional departments in relation to law violators from the time of accusation until completion of the sentence. Criminal justice students should, how-ever, study more than just judicial procedures. They should have some knowledge of why we have laws and why those laws are broken, should be cognizant of the constitutional rights of an accused, and should have a better understanding of the philosophy of correc-tional endeavors. Thus, material on these subjects is incorporated in the text. The informa-tion in this book will help the students, as well as others, attain a more thorough knowledge of our justice system and of the role that each member must play to achieve, through team-work, law and order for all.

Special thanks to the following reviewers for their hard work and assistance on this edition: Mark Brown, University of South Carolina; James Elshoff, Texas State University, San Marcos; 1. Michael Lee, Midlands Technical College. We would also like to thank the previous edition’s reviewers: Lisa W. Clayton, College of Southern Nevada; Brian Don-nelly, Raritan Valley Community College; James D. Elshoff, Texas State University; and Theodore P. Skotnicki, Niagra County Community College. The invaluable assistance of Portfolio Manager Gary Bauer, Editorial Assistant Lynda Cramer, Content Producer Rinki Kaur, and production project manager Yohalakshmi Segar, was necessary to accomplish this extensive revision to the text.

A warm and special thanks to the supplements author Harrison Watts.Suggestions for improvement, corrections, and other comments are invited and may be

forwarded to Cliff Roberson at [email protected].

Pre face


Preface xiv ▼

▶▶ New to the Twelfth EditionIn addition to updating legal issues and cases, there have been numerous changes made to the twelfth edition. The additions include the following:

• Expanded discussion on the roles of prosecutors and state attorneys.• Expanded discussions on the primary duty of a prosecutor.• Discussions on the search of an arrestee.• Expanded discussion on frisking for weapons.• Expanded discussions on self-incrimination and interrogations.• Expanded discussions on pretrial procedures in the criminal justice system.• Expanded discussions on trial procedures.• Discussions on Victim Impact Statements

▶▶ Instructor SupplementsInstructor’s Manual with Test Bank. Includes content outlines for classroom discussion, teaching suggestions, and answers to selected end-of-chapter questions from the text. This also contains a Word document version of the test bank.

TestGen. This computerized test generation system gives you maximum flexibility in cre-ating and administering tests on paper, electronically, or online. It provides state-of-the-art features for viewing and editing test bank questions, dragging a selected question into a test you are creating, and printing sleek, formatted tests in a variety of layouts. Select test items from test banks included with TestGen for quick test creation, or write your own questions from scratch. TestGen’s random generator provides the option to display different text or calculated number values each time questions are used.

PowerPoint Presentations. Our presentations offer clear, straightforward outlines and notes to use for class lectures or study materials. Photos, illustrations, charts, and tables from the book are included in the presentations when applicable.

To access supplementary materials online, instructors need to request an instructor access code. Go to www.pearsonhighered.com/irc, where you can register for an instruc-tor access code. Within 48 hours after registering, you will receive a confirming email, including an instructor access code. Once you have received your code, go to the site and log on for full instructions on downloading the materials you wish to use.

▶▶ Alternate VersionseBooks. This text is also available in multiple eBook formats. These are an exciting new choice for students looking to save money. As an alternative to purchasing the printed text-book students can purchase an electronic version of the same content. With an eTextbook, students can search the text, make notes online, print out reading assignments that incorporate lecture notes, and bookmark important passages for later review. For more information, visit your favorite online eBook reseller or visit www.mypearsonstore.com.
