Criminal Procedure

Criminal Procedure : Theory and Practice

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For courses in Criminal Procedure and Criminal Law. This comprehensive book balances straightforward text and presentations of numerous historical and contemporary cases to provide students with a thorough and interesting introduction to criminal procedure. The numerous edited cases help bring criminal procedure to life, and the comments, notes and questions that follow each case help students bring key legal issues into focus. These cases vividly illustrate the concepts and theories presented in the text of each chapter.
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Product details

  • Hardback | 544 pages
  • 208.3 x 256.5 x 33mm | 1,247.39g
  • Pearson
  • United States
  • English
  • 0130987603
  • 9780130987600

Back cover copy

"Criminal Procedure: Theory and Practice" offers an extensive presentation of the state of the law. The cases presented provide the proper historical context in order to understand the philosophy behind the law. The facts of every case have been rewritten, presenting each student with a concise understanding of the specifics relating to each criminal procedure point covered. Following each case, the book presents additional materials that may challenge the student to apply the newly-learned principles to a novel fact pattern and presents many excerpted cases suitable for class interaction and discussion. The text offers an opportunity for the student to develop an enhanced understanding of criminal procedure through a practical and logical presentation. When appropriate, the text interrelates proper lessons of history that influenced the development of criminal procedure. Coverage of developing legal theories like the Miranda principles provide an understanding of how these case laws developed and how these principles may evolve. Students and instructors can remain on the cutting edge of criminal procedure by going to This site, updated monthly, will provide information on newly decided cases on criminal procedure as well as updated case presentations. This website will serve as a current, up to the moment supplement through the life of this edition.
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Table of contents

Introduction to the Criminal Process: History and Overview of Criminal Procedure. 1. Fourth Amendment Standards: Probable Cause to Search, Warrants and Exceptions. Introduction and History: Generally. The Fourth Amendment: Probable Cause to Search. Specificity of Search; Particularity of Description. Requirement of a Warrant. Sources of Probable Cause: The Informant. The Demise of the Two-Pronged Test. Sources of Probable Cause: Police Officers and Others. The Affidavit for a Warrant. The Search Warrant: A Court Order. The Search Warrant: The Time of Execution. Fourth Amendment Requirement: Knock and Announce. Scope of Search. Stale Probable Cause. Warrant Not Always Required for Searches. Suspicionless Searches of Private and Government Employees. Warrantless and Suspicionless Searches at Schools. Warrantless Searches of Political Candidates Rejected. 2. Stop and Frisk: The Legal Standards. Introduction to Stop and Frisk. Stop and Frisk. The Terry Legal Standard. Facts Indicating Unusual Conduct. Facts upon Seeing an Officer as Unusual Conduct. Frisk May Not Always Allow Additional Search. Terry Stops under a Drug Courier Profile. Subject Must Be Aware of Officer's Status. Officer Must Have Reason to Believe that the Person May Be Armed and Dangerous. Investigation Must Not Dispel the Fear that the Subject May Be Armed and Dangerous. The Plain Feel Doctrine. Expansion of Terry to Individuals not under Suspicion. 3. Arrest and Seizure of the Person. Probable Cause Arrests: The Legal Standard. The Concept of Probable Cause for Arrest. Plain Meaning of the Fourth Amendment. Probable Cause Defined. Sources of Probable Cause to Arrest. Stale Probable Cause. Arrest Pursuant to a Warrant. Requirements for Arrest without a Warrant. Requirements for Arrests within the Home. Requirements for Arrests within a Third Party's Home. 4. Fourth Amendment Searches and Seizures: Houses, Persons, Motor Vehicles and Effects. Searches of Houses. Warrant to Search and Arrest Inside the Home. Modern Technology and Warrantless Home Searches. Search Incident to Arrest. Searches of Motor Vehicles. Vehicle Searches Generally Do Not Require Warrants. Limited Vehicle Searches on Less than Probable Cause. Vehicle Inventory Searches. Scope of Motor Vehicle Search. Scope of Search of Containers within Motor Vehicles. Other Theories of Vehicle Searches and Seizures. Searches Following Vehicle Forfeitures. Searches Based on Consent. Requirements for the Plain View Doctrine. Inadvertent Discovery: No Longer Required. Officer Needs to be Lawfully Present. The Plain Feel Doctrine. 5. Special Problem Searches: Administrative, Inventory, School, Work, Airport, and Border searches. Introduction to Administrative, Inventory, School, Airport, and Work Searches. Administrative Searches. Administrative Searches of Ordinary Businesses and Industries. Administrative Searches of Closely Regulated Industries. Ordinary Commercial Search: Warrant Required. Administrative Searches of Homes: No Warrant Originally Required. A Change in Requirements: Searches of Private Premises Require Warrants. Administrative Searches: Reasonable under the Fourth Amendment. Inventory Searches: Probable Cause not Required. Vehicle Inventory Searches. Inventory Searches of Motor Vehicles: Written Policy Required. Inventory Searches of Personal Property. School Searches Must Be Based on Fourth Amendment Reasonableness. Public School Drug Testing: An Extension of Acton. Government Searches in the Workplace. Government Mandated Private Employer Searches. Airport Searches. Border Searches. Border Search Summary. 6. Principles of the Exclusionary Rule: Remedies and Exceptions to Constitutional Violations. Introduction to Remedies for Fourth Amendment Violations. Violation of the Fourth Amendment and the Exclusion of Evidence. The Fourth Amendment: Implementation Prior to 1914. The Exclusionary Rule: Enforcing the Fourth Amendment. Suppression of Illegally Seized Evidence. Basis for the Exclusionary Rule. Challenge to the Exclusionary Rule: The Silver Platter Doctrine. Application of the Exclusionary Rule to State Criminal Procedure. Exclusion of Derivative Evidence. Major Exceptions the Exclusionary Rule. Exclusionary Rule Exception: The Independent Source Rule. Exclusionary Rule Exception: The Rule of Inevitable Discovery. Exclusionary Rule Exception: The Doctrine of Attenuation. Exclusionary Rule Exception: The Good Faith Exception. Limitations on the Exclusionary Rule: Parole Revocation Hearings. Limitations on the Exclusionary Rule: Other Contexts. Alternative Remedies to Fourth Amendment Violations: The Bivens Civil Suit. Limits to Use of the Exclusionary Rule: The Concept of Standing. Vicarious Standing Not Permitted. Summary. 7. Miranda Principles: Fifth and Sixth Amendment Influences on Police Practice. Introduction to Miranda Warnings. The Basis for the Warnings. The Road to Miranda. The Case of Miranda v. Arizona. Prerequisites for Miranda Warnings. Substance of the Warnings. Delivering the Miranda Warnings. When Miranda Warnings Are Required: The Triggering Events. When Interrogation Must Cease. Necessary Condition for Miranda Warnings: Custody. Necessary Condition for Miranda Warnings: Interrogation. Miranda Interrogation: The Functional Equivalent. Exigent Circumstance Exception to Miranda Interrogation. Right to Counsel under Miranda is Personal to Arrestee. Procedure for Waiver of Miranda Protection. Congressional Challenge to the Miranda Warnings. Miranda Warnings: Required by the Constitution. Miranda Summary. 8. Confession and the Privilege against Self-Incrimination. Introduction to the Fifth Amendment Privilege. Original Intent and the Fifth Amendment. Privilege against Self-incrimination: Excludable Evidence. The Fourteenth Amendment Alterations. Required Production of Non-Testimonial Evidence and the Fifth Amendment. Assertion of the Privilege against Self-incrimination. Privilege against Self-incrimination Assertable in a Variety of Contexts. Prosecution Comment on Defendant's Use of Fifth Amendment. An Equivalent Substitute for the Fifth Amendment Privilege: Immunity. Waiver of the Fifth Amendment Privilege. Confession Practice Prior to the Warren Court Revolution. Evolution of Interrogation and Confession under the Warren Court. Modern Evolution of Interrogation and Confession. Personal Motivations for Confession Irrelevant. Involuntary Confession not Available for Proof of Guilt. Involuntary Confession not Available for Impeachment. Violation of Miranda: Use of Confession for Impeachment Purposes. 9. Eyewitness Identification Procedures: Due Process Considerations. Identification Procedures: Introduction. Right to Counsel and Due Process Concerns. Right to Counsel under the Sixth Amendment. The Right to Counsel during Identification: Limitations. Photographic Arrays: No Sixth Amendment Right to Counsel. Due Process Concerns: Suggestiveness of Identification. Accurate Eyewitness Identification: The Neil Five Factors Test. Current Application of Identification Procedures. Summary: Admissibility of Identification at Trial. 10. The Decision to Prosecute: Indictment and Information. Introduction: Initiating Criminal Charges. The Indictment: Starting a Criminal Prosecution. General Grand Jury Procedure. The Information: Starting a Criminal Prosecution. Composition of the Grand Jury. Serious Federal Prosecutions Require Indictment. Grand Jury Secrecy. Purpose of Grand Jury Secrecy. Limits of Grand Jury Secrecy. Grand Jury Indictment. Pursuant to a Waiver, Federal Charges May Be Initiated by an Information. Fifth Amendment Grand Jury Requirement: Inapplicable to State Prosecutions. Grand Jury Hears Improperly Seized Evidence. Witnesses May Be Compelled to Testify Before a Grand Jury. Grand Jury Witness Immunity. Effect of Discrimination on the Grand Jury. The Decision to Prosecute: The Conclusion. 11. Plea Bargaining and Guilty Pleas: Constitutional Standards. Introduction. Entry of Plea and Initial Negotiation. Plea Negotiations: Process and Effect. Negotiated Plea: Benefits to the Defense and to the Prosecution. General Requirements for Valid Plea Agreements. Waiving Other Constitutional Rights. Practice for Accepting a Guilty Plea. Accepting Guilty Pleas: Due Process Required. The Alford Plea: Pleading Guilty Claiming Innocence. Plea Bargain: Responsibilities for the Prosecution and for the Defense. Breach of the Plea Agreement: Remedies. Conclusion. 12. Pretrial Criminal Procedure: Preliminary Hearing, Bail, Right to Counsel, Speedy Trial, Double Jeopardy, and Collateral Estoppel. Pretrial Criminal Procedure: The Initial Steps Toward Prosecution. Duties of the Prosecution: First Steps. The Preliminary Hearing. Bail Issues Presented at a Preliminary Hearing. General Bail Jurisprudence. Federal Bail Practice: Recent Considerations. Right to a Speedy Trial: Reasonable Time Requirements. Speedy Trial Statutes. Speedy Trial: When the Time Begins to Run under the Sixth Amendment. To Determine Whether a Violation Exists: The Four Factors Test. Remedy for Violation of Sixth Amendment Right to Speedy Trial. Double Jeopardy: A Required Pretrial Motion. Requirements to Claim a Violation of Double Jeopardy. Alleging Double Jeopardy Violation: Requirement of Same Offense. Separate Offenses: The Blockburger Test. Dual Sovereignty Doctrine: Successive Prosecution for Same Acts Permitted. Collateral Estoppel. Conclusion of Double Jeopardy. 13. The Trial: Constitutional Rights and Trial Practice: Jury Trial, Right to Counsel, Due Process, and Equal Protection. Trial by Jury: A Constitutional Right. Application of the Basic Jury Trial Right. Selective Incorporation of the Sixth Amendment into the Due Process Clause. The Right to A Jury Trial: Petty Offenses Compared to Serious Offenses. Jury Selection: The Requirement of a Fair Cross-Section of the Jurisdiction. Proving Violation of Fair Cross-Section Requirement. Jury Size: Variety in State and Federal Juries. Experiments with Reducing Jury Size. Jury Unanimity: Variety in State Juries. Combination of Smaller Juries with Non-unanimous Verdicts. Trial by Jury: Racial and Gender Issues. Removal of Prospective Jurors: Rationales. Improper Rationales for Removal of Prospective Jurors. Waiver of the Right to a Trial by Jury. Development of the Sixth Amendment Right to Trial Counsel. Right to Appointed Counsel for Felonies. Right to Counsel: Where Possibility of Incarceration Exists. 14. Appellate Practice and other Post-Trial Remedies. Appellate Practice and other Post-Trial Remedies. The Appeal Process: Generally. The First Appeal: The Court of Appeals. The Appellate Role of a State Supreme Court. Supreme Court of the United States: Only a Potential for Review. Appellate Assistance to the Defendant: The Right to Counsel. Appellate Assistance to the Defendant: The Indigent's Right to a Transcript. Laying the Groundwork for an Appeal: Preserving the Record. The Plain Error Rule: Ability to Appeal without Preserving the Record. Subject Matter Jurisdiction: Always an Appealable Issue. The Appellate Process: Making It Work. Adverse Appellate Results: The Next Step. Collateral Attack: The Writ of Habeas Corpus. Appendix I: The Constitution of the United States and Amendments. Glossary of Terms. Index.
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