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ABA Family Legal Guide

Criminal Justice

Our system of justice was designed carefully to prevent people from being unfairly convicted by guaranteeing many legal rights to anyone charged with a crime. For example, you have a right to have a lawyer present during police questioning. You have the right to remain silent to avoid incriminating yourself, which means that you do not have to answer any questions asked by police, and do not have to give evidence at trial. Just being aware of these rights will help you if you ever become involved in the criminal justice system. This chapter discusses those rights, provides you with a basic understanding of the steps in the criminal justice system, and suggests where you can look for more help. It also provides information on the role of other people involved in the criminal justice system—victims, witnesses, and the jury.

It is important to be informed about the criminal law in your jurisdiction. Most crimes are punishable under state, rather than federal, laws. Some, like drugs and weapons offenses, may be punishable under both. Although all states must comply with certain federal constitutional minimums, there are considerable variations from one state to another. For example, some state constitutions provide a higher degree of personal and procedural rights to the criminally accused than others. Therefore, the information in this chapter generally will be true in most states, but may not be true in all.

  1. The Basics of Criminal Law
  2. The Police and Your Rights
    1. Lawyers and Criminal Law
    2. Criminal Charges
  3. Court Procedures
    1. Initial Criminal Court Proceedings
    2. Evidence in Criminal Cases
    3. Witnesses
    4. Defenses Against Criminal Charges
    5. Pretrial Procedures
    6. Trial
    7. Sentencing of Convicted Criminals
    8. Appeals of Criminal Cases
American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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