PP3e Chapter 8 - M08_GOLD0000_00_SE_CH08.QXD 12/4/09 9:11...

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8 CHAPTER Criminal Procedure and Administrative Law Chapter 8 Digital Resources at www.pearsonhighered.com/goldman Video Case Studies: Administrative Agency Hearing: The Role of the Paralegal Chapter Summary • Web Links • Court Opinions • Glossary • Comprehension Quizzes Technology Resources DIGITAL RESOURCES M08_GOLD0000_00_SE_CH08.QXD 12/4/09 9:11 PM Page 284
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Paralegals at Work LEARNING OBJECTIVES 285 After studying this chapter, you should be able to: 1. Recognize the professional opportunities for paralegals in the criminal law area. 2. Identify and describe the parties and attorneys to a criminal action. 3. Describe criminal procedure, including arrest and arraignment. 4. Describe the functions of a grand jury and what an indictment is. 5. Describe the process of a criminal trial. 6. Explain the Fourth Amendment’s protection from unreasonable search and seizure. 7. Describe the Fifth Amendment’s privilege against self-incrimination and the Miranda rights. 8. Explain the Fifth Amendment’s protection against double jeopardy. 9. Recognize the professional opportunities for paralegals in administrative law. 10. List and explain the functions of administrative agencies. 11. Explain the scope of the Administrative Procedure Act. 12. Describe the powers of administrative agencies. 13. Explain a paralegal’s duty not to assist in criminal activity. You are a paralegal at a law firm that does criminal defense work. The law firm specializes in defending executives in white-collar criminal law matters. You work for Ms. Heather Josephson, a renowned attorney in the area of white-collar criminal defense. Ms. Josephson informs you that the law firm has been retained to represent Mr. Keith Day, an executive now facing criminal charges for alleged white-collar crimes. Ms. Josephson informs you that you will assist her in prepar- ing the defense of Mr. Day. Ms. Josephson explains the following facts and issues to you: Mr. Day was the founder and Chief Executive Officer (CEO) of the E-Run Corporation. The E-Run Corporation was one of the largest companies in the United States and operated an energy business. Mr. Day has been served a complaint, United States v. Day , wherein Mr. Day has been charged by the federal government with various crimes, in- cluding financial fraud. Ms. Josephson explains that immediately after being served with the complaint that the federal government agents asked Mr. Day many questions concerning his business affairs as they pertained to his employment at E-Run Corporation and his involvement in the financial affairs of the company. Mr. Day explained to the federal agents how the fraud worked and his involvement in this situation. Ms. Josephson asks Mr. Day if the federal agents read him any rights before they questioned him and Mr. Day answered that they had not. Mr. Day is now concerned that the information he told the federal agents “may come back to haunt him.” The complaint alleges that Mr. Day, as well as Mr. Don
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This note was uploaded on 11/15/2011 for the course LEGAL PA101 taught by Professor Pamelabasmajian during the Winter '11 term at Kaplan University.

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PP3e Chapter 8 - M08_GOLD0000_00_SE_CH08.QXD 12/4/09 9:11...

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