Procedures in the Criminal Justice Systems

Procedures in the Justice System

Preface

This edition, like the 5th edition, is dedicated to our colleague, Gilbert B. Stuckey, who passed away in December 1995.

The 6th edition of Procedures in the Justice System continues the tradition of providing 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 presented in language that is easy to understand.

The crime rate continues as one of society's major problems, not only in the United States but 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 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 those of the other members.

In this 6th edition, the coverage of victims' rights and the effects of gangs on the crime problem has been expanded. The discussion of constitutional and civil rights of an accused, the laws of arrest, and juvenile procedures have been expanded. We have also included selected court cases to provide the reader with experience in reading court decisions and to assist the reader in understanding the legal issues involved. Also included in the 6th edition are motions and reports taken from actual trial records. These are submitted to provide the reader with a better idea of the practical issues involved in trying criminal cases.

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

To help the instructor present the material in this edition, an Instructor's Manual contains objectives, chapter outlines, teaching aids, and examination questions and answers, including true-false, multiple-choice, and fill-in questions.

A special thanks to Dr. Wojciech Cebulak, Minot State University, for his contributions to the 6th edition.

Cliff Roberson, LLM, Ph.D.
Professor of Criminal Justice
Washburn University
E-mail: crimlawy@aol

Harvey Wallace, J.D.
Professor of Criminology
California State University, Fresno