Table of Contents -- Introduction -- 1. Trial and Error -- A. Judicial System Basics -- What's the difference between a criminal action and a civil action? -- My story involves a courtroom scene. Should I set it in federal or state court? -- My story involves a drug deal violating both state and federal law.Who prosecutes? -- My bad guy kidnaps a banker in one state, holds him hostage inanother, then kills him. Where should he be prosecuted? -- On the news and in TV shows, I hear some judges referred to as"justices." What's the difference? -- I'd like the criminal charges in my story to be filed in federal court.What's the structure and terminology for the federal system? -- Who gets to be a federal judge? -- If I set my story in state court, what structure and terminologyshould I use? -- A lawyer in my crime novel aspires to become a judge. How are state court judges chosen? -- I've heard about drug courts and would like to use one in my novel.Can you tell me how they work? -- Can you give me an overview of a trial? -- B. Before the Trial -- Before my character is charged with a crime, does she have to go through a grand jury investigation? -- In my story, a vengeful prosecutor threatens my protagonist with indictment. What is an indictment? -- How does a prosecutor decide whether to prosecute a specific case? -- The victim is afraid her assailant will hurt her if she pursues her complaint. Can she stop the prosecutor from filing charges?What are the consequences if she refuses to cooperate? -- A character wants to create trouble for her ex-boyfriend by tellingpolice that he assaulted her. What are the potential consequencesif she makes a false complaint? -- My protagonist has been arrested. What happens next?.

I want to have my protagonist released on bail, so she can find the person who actually sent the victim threatening letters. How is bail or pretrial release decided? -- How will the amount of her bail bond be set? -- What is the right to a jury trial? -- Should my criminal defendant choose a trial by a judge insteadof a jury? -- A Scapegoat is arrested for murder, and the protagonist needs time to investigate the crime and identify the real killer. Will the right to aspeedy trial cut that short? -- C. Evidence -- what is evidence? -- How is physical evidence protected for trial? -- The crime in my story involves a gun and several letters. How wil lthis physical evidence be handled at trial and stored afterwards? -- Why do lawyers make objections? How do judges respond?What terms are commonly used? -- TV lawyers frequently object to "hearsay," but sometimes the evidence they object to is allowed and sometimes it isn't. How doI know whether hearsay evidence will be admitted or not? -- Can I use ancient documents such as letters or the family Bible to prove my character is descended from a particular person? -- What's the difference between direct and circumstantial evidence? -- D. Witnesses -- Are witnesses in a murder trial held somewhere in the courthouse until called so they don't taint each other's testimony? -- In my story, the sole witness against the defendant is his wife. May she testify against him? -- In TV crime shows, judges sometimes question witnesses. Is that realistic? Can jurors question witnesses? -- A curious juror researches the case during trial. Is that allowed? -- E. Burden of Proof -- Can you explain the presumption of innocence? -- I know the prosecution must prove a criminal defendant's guilt beyond a reasonable doubt, but what is reasonable doubt?.

In my story, a character is sued for causing a five-car chain collision on a mountain highway that injures several people. What standard will the judge and jury use to decide liability and damages? -- F. Appeals -- The judge in my story admitted evidence that drugs were foundin the defendant's car, without evidence that he'd taken the drugsor that they caused the accident. He was convicted. Is this an errorthat can be reversed on appeal? -- After my character was convicted and sent to prison, someone elseconfessed to the crime. How do I free my character? -- 2. Legal Issues in Criminal Investigation -- What is probable cause to search or arrest? -- How do the police get a search warrant? -- How can my character challenge a warrant? -- Can a landlord give police permission to search rented property? -- Can my character's girlfriend or a visitor consent to a search? -- What happens if one occupant consents to a search but theother refuses? -- Can a child consent to a search? -- Can school authorities search a student's purse or locker? -- Wasn't there a recent decision about searching a student's underwear? -- Trial starts in two days and a key witness has gone missing. Now what? -- When can information from confidential informants be used? -- How do public defender systems work? -- So, can't I have a real lawyer? -- What's the deal about Miranda warnings? -- My characters in custody in another state. How do I get him extradited to my state? -- How does international extradition work? -- Can a conversation-on the phone or in person-be recorded? -- 3. Crime… -- What's the difference between a felony and a misdemeanor? -- Murder, homicide, manslaughter-what's the difference? -- What is statutory rape? -- What is felony murder? -- Can my amateur sleuth legally carry a gun?.

My sleuth has a carry permit for the story state. Are there places where she can't take her gun? -- What are some common exceptions to gun permit requirements? -- What gun laws apply in national parks? -- What laws apply to law enforcement officers crossing state borders? -- What legal rights does the Second Amendment provide? -- My protagonist asks her seventeen-year-old nephew to do somecomputer research. Is she legally responsible if he hacks into a privatecomputer system without her knowledge or approval? -- The murder suspect in my story is thirteen. Will he be tried as a juvenileor an adult? In what court? Where will he be held pending trial? -- How can my character protect himself from his unstable, estranged wifewho is threatening to accuse him-falsely-of child molestation? -- What is competence to stand trial and when does it become an issue? -- What is the insanity defense? -- 4. …And Punishment -- A character in my story is convicted of assault. What is the philosophy of sentencing and what are the possible ranges for his sentence? -- What factors might a judge consider in imposing sentence? -- What sentencing guidelines apply in the federal system? -- When a criminal defendant is convicted, does he begin "officially"serving his sentence-and knocking off time-while other matters,such as appeals, are pending? -- My protagonist is dating a probation officer, a regular character in the mystery series. What information goes into pre-sentence reports? -- I'm not sure whether my character should be on parole or probation. What is parole? -- What is probation? -- The judge in my story wants to encourage a character convictedof a minor crime to stay out of trouble in the future. Can thesentence be deferred? -- Or should the sentence be suspended?.

A character has been convicted of several related crimes. Will he be sentenced on each crime separately or jointly, and how is thelength of the sentence calculated? -- The judge in my story is looking for a creative sentence to avoid imposing prison time while sending the defendant a message. What can you suggest? -- My story includes allegations of election fraud involving votes cast by felons. What are the rules on felon voting? -- I'm thinking of setting a short story in a suburban neighborhood whose residents get upset when a convicted sex offender moves in. Is he required to register somewhere? What information is made public? -- My character has a juvenile record, and I'd like the villain to find out and use the details to blackmail him. Is this realistic? -- The prosecutor in my story needs to explain to the victim's family why she agreed to a plea bargain. What reasons might she give? And what does the defendant agree to? -- Can a convicted criminal write a book about his life and experiences? -- Questions on the Death Penalty -- My story involves a high-profile homicide, and the killer may be eligible for the death penalty. I'd like the sentence to be controversial. Can you give me some background on the death penalty? -- What crimes are punishable by death? -- What are aggravating and mitigating factors in death penalty cases? -- Can juvenile defendants be executed? -- Can the mentally disabled be executed? -- What methods of execution are used? -- What are some of the problems that can occur in executions? -- Death penalty resources -- 5. Civil Matters -- What is the discovery process? -- My character is a doctor being sued for malpractice by a greedy lawyer. What standards apply? Can the doctor countersue the lawyer?.

Can a character buy a life insurance policy on someone else, without that person's knowledge?.