Criminal Law and Procedure for the Paralegal

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Practice-based introduction to criminal law and procedure

Using actual examples from practice, Criminal Law and Procedure for the Paralegal, Fourth Edition, teaches students about the real-world experience of the paralegal, with coverage of local, state, and federal criminal cases. Working with the various types of cases presented in this book familiarizes students with the role of the paralegal in the process of investigation, prosecution, and defense in criminal cases. Carter’s successful building-block approach explains the basic elements of all criminal offenses and how those elements are used to define crimes.

New to the Fourth Edition:

• Rewritten and expanded examination of prosecutorial discretion, updated to reflect the June, 2022 Gascon decision by the California Appellate Court and expanded with a sidebar that discusses dispensing power.
• Reorganized discussion of the principles of legislative jurisdiction recognized by customary international law in Chapter 6 and in Chapter 7, as well as expanded and updated discussion about the exercise of extra-territorial legislative jurisdiction by the federal government and the states.
• Inclusion in Chapter 8 of the Supreme Court’s reiteration in Dobbs v. Jackson Women’s Health Organization of the test used to determine if a right is protected by substantive due process.
• The examination of the Second Amendment updated and expanded to include the Supreme Court’s most recent explication of that right in New York Rifle and Pistol Assn., Inc. v. Bruen and the limits that decision places on the ability of states and the federal government to enact statutes that make the carrying of firearms criminal.
• Expanded discussion in Chapter 10 to introduce students to the federal Computer Fraud and Abuse Act (CFAA) and the two principles that underlie most of its offenses. Updated examination of wire fraud, reflecting the Supreme Court’s latest decision relating to schemes to defraud.
• Updated discussion of the insanity defense in Chapter 12.
• Expanded examination of search and seizure Chapter 16 to include a discussion of emerging issues relating to encrypted and biometrically protected data, and an updated discussion of Terry stops to reflect the Supreme Court’s most recent teaching on the subject.
• Updated section about the right to trial by jury in Chapter 20.
• Rewritten and updated discussion of cruel and unusual punishment in the context of the death penalty, and a re-written and expanded discussion of the writ of habeas corpus.
• New case cites throughout with discussion of Kansas v. Glover, Bucklew v. Precythe, Kahler v. Kansas, Ramos v. Louisiana, New York Rifle and Pistol Assn., Inc. v. Bruen, Oklahoma v. Castro-Huerta, Kelly v. United States, and Van Buren v. United States decisions.

Professors and students will benefit from:

• A sensible, four-part organization:
  • Introduction to the criminal justice system
  • Distinction between criminal law and criminal procedure
  • Criminal law
  • Criminal procedure
• Clear explanations of the basic elements of all criminal offenses, including an accessible, systematic approach to analyzing the legal nature of any criminal offense
• Edited cases that illustrate key concepts
• Eye on Ethics and Historical Perspective sidebars
• Helpful pedagogy, including chapter objectives, definitions in the margins, and review questions
• An integrated treatment of white-collar crime
• Broad coverage of a wide range of criminal investigations, from police investigations to administrative and grand jury investigations