Criminal Procedure Today: Issues and Cases
Autor Cliff Robersonen Limba Engleză Paperback – 30 iun 2002
This casebook on criminal procedure uses language that is easily accessible to readers, and combines both the black letter law approach "and" the case approach by beginning each chapter with a discussion of the law, followed by significant cases (carefully edited and abridged) in that area. Comprehensive in coverage, it explores criminal procedure in relation to the courts; the justice system; the Fourth Amendment; Fourth Amendment exceptions; interrogation, confessions, and admissions; remedies; identification; pretrial proceedings; counsel; grand jury, charging decision and speedy trial; and punishment. For anyone seeking an introduction to the law and the courts of the United States judicial system. "
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Specificații
ISBN-13: 9780130940988
ISBN-10: 0130940984
Pagini: 471
Dimensiuni: 209 x 261 x 25 mm
Greutate: 1.1 kg
Ediția:2Prescurtată
Editura: Pearson
Locul publicării:Upper Saddle River, United States
ISBN-10: 0130940984
Pagini: 471
Dimensiuni: 209 x 261 x 25 mm
Greutate: 1.1 kg
Ediția:2Prescurtată
Editura: Pearson
Locul publicării:Upper Saddle River, United States
Descriere
For courses in Criminal Procedure.
This combination text/casebook on criminal procedure offers a welcome alternative to most of the other texts on the subject—which are either texts OR casebooks and are geared more towards attorneys than introductory-level students. Using language that is easily accessible to students, it combines both the “black letter” law approach and the case approach by beginning each chapter with a discussion of the law, followed by significant cases (carefully edited and abridged) in that area. Comprehensive in coverage, it explores criminal procedure in relation to the courts; the justice system; the Fourth Amendment; Fourth Amendment exceptions; interrogation, confessions, and admissions; remedies; identification; pretrial proceedings; counsel; grand jury, charging decision and speedy trial; and punishment.
This combination text/casebook on criminal procedure offers a welcome alternative to most of the other texts on the subject—which are either texts OR casebooks and are geared more towards attorneys than introductory-level students. Using language that is easily accessible to students, it combines both the “black letter” law approach and the case approach by beginning each chapter with a discussion of the law, followed by significant cases (carefully edited and abridged) in that area. Comprehensive in coverage, it explores criminal procedure in relation to the courts; the justice system; the Fourth Amendment; Fourth Amendment exceptions; interrogation, confessions, and admissions; remedies; identification; pretrial proceedings; counsel; grand jury, charging decision and speedy trial; and punishment.
Cuprins
(NOTE: Each chapter concludes with a Summary , Discussion Questions , and Endnotes .)
1. Introduction.
Overview. Definition and Sources. Goals of the Justice System. Standards. Justice System Structure and Process. Evolution of Criminal Procedure. Types of Law. Criminal Law Administration. Criminal Procedure's Controversies. Legal Research and Methodology. CAPSTONE CASES: Griswold v. Connecticut. Robinson v. California. Kolender v. Lawson.
2. The Courts.
Choosing the Correct Court. The Dual Court System. The Federal System. State Court Systems. Effect of Judicial Decisions. Writ of Habeas Corpus. CAPSTONE CASES: Ex Parte Merryman. In re Antonio Cordero Jr. In re McDonald. Wrenn v. Benson. Groppi v. Wisconsin. Cooper v. Oklahoma.
3. Overview of the Justice Process.
Legal Authorization for the System. The Due Process Concept. Constitution and State Codes. Continuity of Procedures. Participants in the Proceedings. Extradition. CAPSTONE CASES: Rochin v. California. Barron v. City of Baltimore. Duncan v. Louisiana. Taylor v. Kentucky. Goldberg v. Kelly. Shadwick v. City of Tampa. United States v. Agurs.
4. The Fourth Amendment.
Introduction. Coverage of the Fourth Amendment. Probable Cause. Search Warrants. Eavesdropping. Law of Arrest. CAPSTONE CASES: Draper v. United States. Maryland v. Garrison. Illinois v. Gates. Stoner v. California. United States v. Jenkins. United States v. Santa Maria. Skinner v. Railway Labor Executives. Atwater v. City of Lago Vista.
5. The Fourth Amendment Exceptions.
Introduction. Searches Without Probable Cause. Searches Without Warrants. Vehicle Stops and Searches. Searches Incident to Lawful Arrest. Stop and Frisk and Other Detentions. CAPSTONE CASES: California v . Acevedo. California v, Greenwood. Bumper v. North Carolina. Camara v. Municipal Court. Hudson v. Palmer. Oliver v. United States. Whren et al. v. United States. Terry v. Ohio. Ornelas et al. v. United States.
6. Interrogation, Confessions, and Admissions.
Introduction. When the Privilege Applies. Proceedings in Which the Privilege Applies. Procedural Aspects of Privilege. The Voluntariness Test. Miranda. Grants of Immunity. Right to Counsel During Interrogations. Waiver of Rights Under Miranda. CAPSTONE CASES: Miranda v. Arizona. United States v. Garibay. Fare v. Michael C. Brewer v. Williams. Rhode Island v. Innis. California v. Byers. Colorado v. Connelly. Minnick v. Mississippi. Illinois v. Perkins.
7. Remedies.
Fourth Amendment Exclusionary Rule. Exceptions to the Exclusionary Rule. Fifth Amendment Exclusionary Rule. Sixth Amendment Exclusionary Rule. Limitations to the Exclusionary Rule. Fruit of the Poisonous Tree Doctrine. CAPSTONE CASES: Harris v. New York. United States v. Leon. Illinois v. Krull. Michigan v. Harvey. Oregon v. Elstad. Nix v. Williams. Pennsylvania Board of Probation and Parole v. Scott.
8. Identification.
Introduction. Identification Procedures. Witness' Testimony. Other Identification Procedures. Two-Factor Test. CAPSTONE CASES: United States v. Wade. Kirby v. Illinois. Neil v. Biggers. United States v. Ash. Manson v. Brathwaite.
9. Pretrial Proceedings.
Bail. Pretrial Detention. Pretrial Release. Arraignment. Preliminary Hearing. Pretrial Motions. CAPSTONE CASES: Stack v. Boyle. Schib v. Kuebel. United States v. Salerno. Gerstein v. Pugh. Bell v. Wolfish. Coleman v. Alabama. Williams v. Florida. Boykin v. Alabama. North Carolina v. Alford.
10. Counsel.
Right to Counsel. Right of Self-Representation. Effective Representation. When the Right to Counsel Attaches. CAPSTONE CASES: Gideon v. Wainwright. Argersinger v. Hamlin. Douglas v. California. Ross v. Moffit. Strickland v. Washington. Nix v. Whiteside. Faretta v. California.
11. Trial.
Right to a Speedy Trial. The Trial Phase. CAPSTONE CASES: Yick Wo v. Hopkins. Bordenkircher v. Hayes. United States v. Goodwin. Barker v. Wingo. Doggett v. United States. Lewis v. United States. Estelle v. Williams. Coy v. Iowa. Sheppard v. Maxwell.
12. Punishment.
Sentencing. The Death Penalty. Fines. CAPSTONE CASES: United States v. Grayson. Gregg v. Georgia.
Index.
1. Introduction.
Overview. Definition and Sources. Goals of the Justice System. Standards. Justice System Structure and Process. Evolution of Criminal Procedure. Types of Law. Criminal Law Administration. Criminal Procedure's Controversies. Legal Research and Methodology. CAPSTONE CASES: Griswold v. Connecticut. Robinson v. California. Kolender v. Lawson.
2. The Courts.
Choosing the Correct Court. The Dual Court System. The Federal System. State Court Systems. Effect of Judicial Decisions. Writ of Habeas Corpus. CAPSTONE CASES: Ex Parte Merryman. In re Antonio Cordero Jr. In re McDonald. Wrenn v. Benson. Groppi v. Wisconsin. Cooper v. Oklahoma.
3. Overview of the Justice Process.
Legal Authorization for the System. The Due Process Concept. Constitution and State Codes. Continuity of Procedures. Participants in the Proceedings. Extradition. CAPSTONE CASES: Rochin v. California. Barron v. City of Baltimore. Duncan v. Louisiana. Taylor v. Kentucky. Goldberg v. Kelly. Shadwick v. City of Tampa. United States v. Agurs.
4. The Fourth Amendment.
Introduction. Coverage of the Fourth Amendment. Probable Cause. Search Warrants. Eavesdropping. Law of Arrest. CAPSTONE CASES: Draper v. United States. Maryland v. Garrison. Illinois v. Gates. Stoner v. California. United States v. Jenkins. United States v. Santa Maria. Skinner v. Railway Labor Executives. Atwater v. City of Lago Vista.
5. The Fourth Amendment Exceptions.
Introduction. Searches Without Probable Cause. Searches Without Warrants. Vehicle Stops and Searches. Searches Incident to Lawful Arrest. Stop and Frisk and Other Detentions. CAPSTONE CASES: California v . Acevedo. California v, Greenwood. Bumper v. North Carolina. Camara v. Municipal Court. Hudson v. Palmer. Oliver v. United States. Whren et al. v. United States. Terry v. Ohio. Ornelas et al. v. United States.
6. Interrogation, Confessions, and Admissions.
Introduction. When the Privilege Applies. Proceedings in Which the Privilege Applies. Procedural Aspects of Privilege. The Voluntariness Test. Miranda. Grants of Immunity. Right to Counsel During Interrogations. Waiver of Rights Under Miranda. CAPSTONE CASES: Miranda v. Arizona. United States v. Garibay. Fare v. Michael C. Brewer v. Williams. Rhode Island v. Innis. California v. Byers. Colorado v. Connelly. Minnick v. Mississippi. Illinois v. Perkins.
7. Remedies.
Fourth Amendment Exclusionary Rule. Exceptions to the Exclusionary Rule. Fifth Amendment Exclusionary Rule. Sixth Amendment Exclusionary Rule. Limitations to the Exclusionary Rule. Fruit of the Poisonous Tree Doctrine. CAPSTONE CASES: Harris v. New York. United States v. Leon. Illinois v. Krull. Michigan v. Harvey. Oregon v. Elstad. Nix v. Williams. Pennsylvania Board of Probation and Parole v. Scott.
8. Identification.
Introduction. Identification Procedures. Witness' Testimony. Other Identification Procedures. Two-Factor Test. CAPSTONE CASES: United States v. Wade. Kirby v. Illinois. Neil v. Biggers. United States v. Ash. Manson v. Brathwaite.
9. Pretrial Proceedings.
Bail. Pretrial Detention. Pretrial Release. Arraignment. Preliminary Hearing. Pretrial Motions. CAPSTONE CASES: Stack v. Boyle. Schib v. Kuebel. United States v. Salerno. Gerstein v. Pugh. Bell v. Wolfish. Coleman v. Alabama. Williams v. Florida. Boykin v. Alabama. North Carolina v. Alford.
10. Counsel.
Right to Counsel. Right of Self-Representation. Effective Representation. When the Right to Counsel Attaches. CAPSTONE CASES: Gideon v. Wainwright. Argersinger v. Hamlin. Douglas v. California. Ross v. Moffit. Strickland v. Washington. Nix v. Whiteside. Faretta v. California.
11. Trial.
Right to a Speedy Trial. The Trial Phase. CAPSTONE CASES: Yick Wo v. Hopkins. Bordenkircher v. Hayes. United States v. Goodwin. Barker v. Wingo. Doggett v. United States. Lewis v. United States. Estelle v. Williams. Coy v. Iowa. Sheppard v. Maxwell.
12. Punishment.
Sentencing. The Death Penalty. Fines. CAPSTONE CASES: United States v. Grayson. Gregg v. Georgia.
Index.
Textul de pe ultima copertă
Criminal Procedure Today, second edition continues to present the difficult and extensive topic of criminal procedure in an easy-to-understand format. The book uses a relevant, engaging style and familiar, concrete words whenever possible, making complicated procedural issues accessible and relevant to students. This mid-level book is appealing to all readers because it is thorough without being encyclopedic. Most professors prefer either the black letter law approach or the case approach when teaching criminal procedures; in Criminal Procedure Today, respected author Cliff Roberson combines both in a way that will please everybody.
New to this edition:
New to this edition:
- New cited cases include the power of police to make arrests and stop vehicles, traffic stops, drug checkpoints, use of illegally seized evidence, and probable cause to search passengers.
- Discussions on the newest cases from the U.S. Supreme Court including the "Soccer Mom" case (Atwater v. Lago Vista); Florida v. J.L. on the use of anomalous tips to search vehicles; Apprendi v. New Jersey; Ferguson v. City of Charleston; Kyllo v. United States; Texas v. Cobb; and Knowles v. Iowa.
Caracteristici
- NEW - Cited cases—Features the power of police to make arrests and stop vehicles; traffic stops; drug checkpoints; use of illegally seized evidence; and probable cause to search passengers.
- Provides students with real-life examples.
- Provides students with real-life examples.
- NEW - Discussions on the newest cases from the U.S. Supreme Court—Includes the “Soccer Mom“ case (Atwater v. Lago Vista); Florida v. J.L. on the use of anomalous tips to search vehicles; Apprendi v. New Jersey; Kyllo v. United States; and Texas v. Cobb.
- Provides students with edited versions of current cases they can easily work through.
- Provides students with edited versions of current cases they can easily work through.
- NEW - Expanded topics throughout—i.e., online research; search and seizure; impermissible searches; grand juries; and DNA testing problems.
- Enables students and instructors to focus on selected criminal procedure issues.
- Enables students and instructors to focus on selected criminal procedure issues.
- A good balance between text (black letter law) and cases—Contains statements of the law, followed by key court decisions (carefully edited and abridged).
- Provides students with a firm understanding of both the law and its real-world applications.
- Provides students with a firm understanding of both the law and its real-world applications.
- A unique overview chapter on the Fourth Amendment—Features an approach developed by Justice Charles E. Moylan, Jr. of the Maryland Court of Special Appeals. Asks students three questions: 1) Is the Fourth Amendment applicable? (open fields, consent, plain view, etc.)—If not, evidence not excluded by reason of the Fourth; 2) If the Fourth Amendment is applicable, has it been complied with?—If so, not excluded by Fourth. 3) If the Fourth Amendment is applicable and it has not been complied with, what sanctions will the court impose?—Exclusionary rule and its exceptions.
- Helps students develop a firm grasp of the foundational concepts of the Fourth Amendment.
- Helps students develop a firm grasp of the foundational concepts of the Fourth Amendment.
- A role-playing scenario for a moot court case—In the Instructor's Manual. The case contains fact statements for each witness, a police report, and instructions for each role-player.
- Provides instructors with a convenient, turn-key resource to use with student role players. Gives studentstaking part in the moot court an appreciation for the problems involved in trying or defending a criminal case.
- Provides instructors with a convenient, turn-key resource to use with student role players. Gives studentstaking part in the moot court an appreciation for the problems involved in trying or defending a criminal case.
Caracteristici noi
- Cited cases—Features the power of police to make arrests and stop vehicles; traffic stops; drug checkpoints; use of illegally seized evidence; and probable cause to search passengers.
- Provides students with real-life examples.
- Provides students with real-life examples.
- Discussions on the newest cases from the U.S. Supreme Court—Includes the “Soccer Mom“ case (Atwater v. Lago Vista); Florida v. J.L. on the use of anomalous tips to search vehicles; Apprendi v. New Jersey; Kyllo v. United States; and Texas v. Cobb.
- Provides students with edited versions of current cases they can easily work through.
- Provides students with edited versions of current cases they can easily work through.
- Expanded topics throughout—i.e., online research; search and seizure; impermissible searches; grand juries; and DNA testing problems.
- Enables students and instructors to focus on selected criminal procedure issues.
- Enables students and instructors to focus on selected criminal procedure issues.