Utah Criminal Law and Procedure

Utah Criminal Law and Procedure helps attorneys connect the elements of an offense with the procedural decisions that shape a criminal case. Organized into two parts covering substantive criminal law and criminal procedure, this 22-chapter treatise brings offense analysis, defenses, litigation procedures and sample forms into one reference.

Substantive coverage begins with criminal liability, culpable mental states, causation, accomplice liability, lesser included offenses, merger and double jeopardy. The treatise analyzes the elements of more than 100 crimes under Utah law, with coverage of Title 76, Utah Criminal Code, and Title 77, Utah Code of Criminal Procedure.

Dedicated chapters examine homicide, crimes against persons and property, controlled substances, sexual offenses, inchoate crimes and defenses. Offense coverage includes murder, manslaughter, vehicular manslaughter, assault and battery, domestic violence, kidnapping, theft, motor vehicle offenses and computer offenses.

Discussions of self-defense, defense of habitation and property, necessity, duress, entrapment and mental illness help practitioners evaluate available defense theories and related proof and instruction issues. The treatise also catalogs hundreds of appellate decisions holding that the evidence was insufficient to support convictions for the most frequently prosecuted offenses.

Procedural coverage addresses Utah’s court system, sources of law, court proceedings and rules, jurisdiction and venue. Chapters follow a case through arrest, initial appearance, pretrial release, charging, preliminary examination, discovery, motions, pleas and trial.

Topics include search and seizure, digital evidence and surveillance, constitutional disclosure obligations, forensic evidence, conditional pleas, jury selection, confrontation, prosecutorial misconduct and post-verdict juror issues.

Coverage continues through sentencing, probation, appeals and post-conviction remedies, including ineffective assistance of counsel, newly discovered evidence, factual innocence, DNA testing and federal habeas corpus.

A dedicated chapter of sample forms and templates supports recurring tasks such as suppression motions, discovery motions, plea withdrawal and notices of appeal.

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