The Crime Junkie’s Guide to Criminal Law The Crime Junkie’s Guide to Criminal Law From Law & Order to Laci Peterson Jim Silver Library of Congress Cataloging-in-Publication Data Silver, Jim, 1963– The crime junkie’s guide to criminal law : from Law and order to Laci Peterson / Jim Silver. p. cm. Includes bibliographical references and index. ISBN: 978–0–275–99414–3 (alk. paper) 1. Criminal law—United States—Popular works. 2. Criminal procedure—United States—Popular works. I. Title. KF9219.6.S55 2008 345.73—dc22 2007036173 British Library Cataloguing in Publication Data is available. Copyright © 2008 by Jim Silver All rights reserved. No portion of this book may be reproduced, by any process or technique, without the express written consent of the publisher. Library of Congress Catalog Card Number: 2007036173 ISBN: 978–0–275–99414–3 First published in 2008 Praeger Publishers, 88 Post Road West, Westport, CT 06881 An imprint of Greenwood Publishing Group, Inc. www.praeger.com Printed in the United States of America The paper used in this book complies with the Permanent Paper Standard issued by the National Information Standards Organization (Z39.48-1984). 10 9 8 7 6 5 4 3 2 1 For Julie Contents Preface ix Acknowledgments xi 1. Setting the Stage 1 2. Recipe for Crime 9 3. Homicide 18 4. Murder 21 5. Voluntary Manslaughter 30 6. Involuntary Manslaughter 35 7. Rape 40 8. Assault 46 9. Kidnapping 53 10. Acquisition Offenses 56 11. Burglary 64 12. Arson 68 13. Perjury 71 14. Solicitation 73 15. Conspiracy 76 viii Contents 16. Attempt 86 17. Accomplice Liability 92 18. Justifi cation 98 19. Necessity and Duress 108 20. Entrapment 112 21. Intoxication 115 22. Insanity 118 23. The Exclusionary Rule 124 24. The Fourth Amendment: Arrests 130 25. The Fourth Amendment: Search and Seizure 136 26. Self-Incrimination 147 27. Pretrial Proceedings 157 28. Trial 163 29. Right to Counsel 170 30. Guilty Pleas 174 31. Sentencing 180 32. Double Jeopardy 185 Index 189 Preface Let’s face it, as long as it’s not happening to you, crime is pretty entertain- ing. Every offense, from shoplifting to murder, combines danger and ex- citement with emotions like greed, anger, and the urge to make very close friends in prison. The dastardly deeds are often outrageous and some- times hair-raising, but we can’t seem to rip our eyes from the wreckage criminals make of their own lives and the lives of their victims. The dark side of human behavior both repulses and fascinates us. Which is why stories about crime are all around us. From Dragnet to Law & Order and CSI , some of the most popular shows in television his- tory have been and are about crime. Of course, it is not just fi ctional crime that interests us; we love to have actual cases brought into our living rooms courtesy of Court TV and documentary shows like A&E’s City Con- fi dential and C old Case Files . News shows and magazines fairly drip with salacious details about the infamous evildoings of the moment. However, unless you’re a lawyer, you could probably use a little help making sense of the crime stories you see and read about every day. That’s what this book is for—to give you a better understanding of criminal law. Maybe you know the M iranda warnings by heart, but do you know the difference between voluntary and involuntary manslaughter? Whether the police always need a warrant to search a private residence? What a fair trial really means? This book gives you the answers to those and many other questions. And, since there’s no law against learning being fun,