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Arizona Secondary & Practice Materials

INTRODUCTION - CRIMINAL LAW PRACTICE

The practice of criminal law focuses on the defense or prosecution of individuals who commit crimes, which are generally categorized as either misdemeanors or felonies. A misdemeanor is a lesser offense and includes crimes such as petty theft, disorderly conduct, trespass, reckless driving, or vandalism to name a few. The punishment and penalties vary, but generally someone convicted of a misdemeanor faces no more than one year in prison and/or a fine. Felonies, on the other hand may be divided into classes and varying degrees of punishment. Some examples of felonies include murder, manslaughter, rape, kidnapping, arson, and fraud. An individual convicted of a felony generally faces imprisonment of more than a year and/or a fine.

The Arizona Criminal Code is found in Title 13 of the Arizona Revised Statutes. 

CRIMINAL PRACTICE GENERALLY

Confessions -- (State Bar of Arizona) (KFA 2975.C33 2023). Core principles, legal precedents and constitutional nuances that shape "confessions" law in the U.S. Addresses relevant constitutional and statutory provisions; preliminary considerations; Miranda warnings requirement; exceptions to Miranda; Miranda interrogation; admonishment and waiver; invocations of Miranda rights and re-initiations; special situations (juvenile defendants, DUI, employees, incarcerated defendants, federal defendants); voluntariness of confessions (Due Process); Sixth Amendment right to counsel; federal presentment delay issues (McNabb/Mallory); subsequent statements and derivative physical evidence; trial issues (including impeachment rules, commenting on silence, and Bruton issues); appeals; and tips for motions to suppress statements and responses.

Criminal Law Year in Review -- (State Bar of Arizona) (KFA2961.C75 2014). Manual from the 2014 Spring Training for Lawyers: Winning with Diversity and Inclusion provides a review of selected criminal law cases from the U.S. Supreme Court and Arizona.

Foundations of Criminal Law -- (State Bar of Arizona) (KFA2961.F686 2012). From a series of short seminar materials introducing Modest Means volunteers to a specific area of practice so that they may better serve their clients. Includes forms, example motions and other relevant documents filed with the court, and letters. The Modest Means Project provides low-cost legal assistance to people who cannot afford the expertise of attorneys at the standard rates, but who cannot qualify for free legal services due to income qualification or other restrictions.

Representing Criminal Aliens: What are the Problems? Are There Solutions? Special Issues Regarding Juveniles - (State Bar of Arizona) (KFA2961.A75 R47 2006)Older state bar seminar manual covers immigration basics, specific crimes, reference guide to common Arizona criminal offenses, limited areas of relief for criminal aliens from removal, Norton Tooby web update, special immigrant juvenile visa, convenio declaratorio for District of Arizona and Pima County Superior Court, sample plea agreements, rule 17.2 pleas of guilty and no contest, response to inmate letter, and obstruction of public administration.

Search and Seizure, 3d ed. (State Bar of Arizona) (KFA 2976.5.C33 2023). Volume covers the core principles and rules of law governing search and seizures of individuals, homes, and vehicles. Applies relevant Arizona and Federal authority. 

West's Arizona Criminal Law and Rules -- (Thomson Reuters) (KFA2975.A29 A74 1987). Annual publication of the constitutional provisions, statutes, and rules relating to Arizona criminal law and procedure. Includes forms and combined index. Updated annually.

DUI & TRAFFIC LAW

Arizona Criminal and Traffic Law Manual -- (LexisNexis) (KFA2829.A75 2003). Compilation of selected statutes related to criminal and traffic law in Arizona. Includes sections affected, highlights of Arizona legislative session, and Arizona legal guides. Also provides Rules of Criminal Procedure, Arizona Rules of Evidence, Rules of Procedure for Juvenile Court, list of Spanish phrases for general questions and common words, appendix of U.S. Supreme Court case summaries on select criminal and traffic issues, and index. Updated annually.

Arizona DUI: A Manual For Police, Lawyers, and Judges -- (LexisNexis) (KFA2697.8.A75 L35 2004)Book contains practical information for peace officers' investigations, arrests, and testimony with a checklist for each step. Structured to follow the DUI case chronologically from the first encounter with a suspect to the administrative license proceedings, volume includes definitions, testimony, challenges, experts, tests as evidence, procedures, sentencing, and administrative courts. Updated annually.

Arizona DUI Trial Notebook -- (State Bar of Arizona, 5th ed.) (KFA2967.8.A9 A75 2021)Loose-leaf volume covers the constitutionality of DUI statutes, as well as issues related to the stop, contact, testing, pretrial, trial, and post-trial. Also addresses DUI issues related to private property, fleeing, social host liability, and early DUI cases in Arizona. Appendices include DUI laws, relevant DHS and transportation regulations, sample voire dire and sample direct questions for officers, experts, and QAS, DUI jury instructions, and a table of authorities.

Arizona Motor Vehicle Accident Deskbook -- (State Bar of Arizona, 2d ed.) (KFA2596.A8 D54 2016). Comprehensive coverage of motor vehicle accident litigation in the 21st century. Addresses, among other topics: comparative fault in Arizona, product liability, negligence per se and Arizona's traffic and vehicle regulation statutes, offers of judgment, arbitration, collection and analysis of physical evidence; Arizona vehicle inspection guide, client interviews, and several checklists, along with interrogatories to plaintiff and forms.

The Inner Workings of MVD Rules, Hearings, Policies and Practices: A Practice Manual -- (State Bar of Arizona) (KFA2967.A75 I55 2009)Seminar manual provides comprehensive information about the inner workings of the MVD including contact numbers, acceptable violation code table (AVCT), disposition codes, guideline to reporting civil and criminal traffic violations, court abstract notes for court directed suspensions, nonresident violator compact (NRVC) information, juvenile actions, point system and traffic survival school, driver license and vehicle registration actions and restrictions, DUI/driver improvement information, SR 22 and red light violations and driving on a suspended license, MVR report guide, financial responsibility, MVD assessments, revocation packets, ignition interlock devices, hearings, hearing appeals, consequences of a DUI arrest, and forms.  

Nesci's Arizona DUI Defense: The Law and Practice -- (Lawyers & Judges Pub. Co., 5th ed.) (KFA2697.8.N47 2018)Comprehensive guide to running a DUI defense practice. Provides information on lawyer advertising, client relations, driving, boating, and flying under the influence, motor vehicle division, pre-trial investigation and motions practice, plea offers, trial, driving and field sobriety testing, drug recognition evaluation, chemical testing, blood alcohol calculations, expert witnesses, and DUI jury trial warpack. Includes table of cases, several appendices, and index.  

Search and Seizure, 3d ed. (State Bar of Arizona) (KFA 2976.5.C33 2023). Volume covers the core principles and rules of law governing search and seizures of individuals, homes, and vehicles. Applies relevant Arizona and Federal authority. 

FORMS

Arizona Legal Forms - Criminal Procedure -- (Thomson Reuters, 3d ed., vol. 7) (KFA2468.A75 2002). Part of the Arizona Legal Forms series. Volume of forms covers actions authorized under the Arizona Rules of Criminal Procedure.

  • Topics covered include general provisions, preliminary proceedings, rights of parties, pretrial procedures, pleas of guilty and no contest, trial, post-verdict proceedings, appeal and other post-conviction relief, and powers of the court.
  • Each rule is accompanied with commentary and where applicable includes a form relating to the rule. 
  • Forms are also included from the Maricopa County and Pima County Superior Courts and entries that parties may expect to receive from the courts.
  • Table of laws and rules and index at end of volume.
  • Updated annually with supplements.

JURY INSTRUCTIONS

Revised Arizona Jury Instructions - Criminal -- (State Bar of Arizona & LexisNexis, 4th ed.) (KFA2983.R43 2016)Prepared by the Criminal Jury Instructions Committee of the State Bar of Arizona, RAJI Criminal 4th, as it is familiarly called, contains a comprehensive set of sample of jury instructions for criminal cases.

  • Instructions are arranged by statutory title and chapter, beginning with Title 13, Arizona's criminal code. Also includes non-criminal instructions from Titles 28, 5, 14, 25, 35, 38, 39, 41, 44, and 46, and non-capital and capital instructions. Many instructions are accompanied by use notes and comments.
  • Includes correlation table from RAJI 2d to RAJI 3d and a comprehensive index.