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Constitutional Law

by Kanovitz, Jacqueline R.

Edition:

13th

ISBN13:

9781455730070

ISBN10:

1455730076

Format:

Paperback

Pub. Date:

2/27/2012

Publisher(s):

ANDERSON

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Summary

An incomparably clear and contemporary introduction to the field, Constitutional Law decodes the "legalese," simplifies jurisprudence, and examines those specific provisions that govern the day-to-day work of criminal justice personnel while protecting the individual rights of whom they serve. Part one's highly organized sequencing and structure explains legal concepts and principles in digestible sections, breaking complex ideas down into parts and making them easier to swallow. The first chapter summarizes the organization and content of the Constitution, providing an overview of our judicial system and how cases reach the Supreme Court. The next five chapters provide in-depth coverage of constitutional restrictions on police authority to detain, arrest, use force, search for and seize evidence, engage in technologically assisted surveillance, interrogate suspects, and obtain confessions. The next three chapters cover the Fifth Amendment privilege against compulsory self-incrimination, the Fourth Amendment defense against highly intrusive bodily searches, Due Process requirements for witness identification procedures, a criminal defendant's right to counsel, and the constitutional safeguards applicable during the trial and punishment phases of a criminal case. The final chapter covers the constitutional and other legal protections criminal justice professionals enjoy in their capacity as employees, as well as their civil liability for violating the constitutional rights of others. The second part of the book contains approximately 200 pages of summarized cases which have been newly edited to ensure accessibility. These cases are specifically mapped to individual chapter topics to help you learn the doctrines and methods of constitutional argument, as well as how these can applied in a variety of prospective scenarios. * Updated with current constitutional decisions and precedents that reflect those issues of most concern to criminal justice professionals. * Each chapter begins with a outline, concludes with a summary, and includes boxed key terms and concepts. * A highly organized structure explains legal concepts and principles in digestible sections, breaking complex ideas down into parts and making them easier to swallow. * Part II contains briefs of judicial decisions related to the topics covered in the text that help the reader learn the doctrines and methods of constitutional argument, as well as how these can applied in hypothetical situations.

Author Biography

Jacqueline Kanovitz is Emeritus Professor of the Brandeis School of Law where she taught for thirty years and served as Associate Dean for Student Affairs.

Preface	p. xi
About the Author	p. xiii
Case Citation Guide	p. xv
Sample Case Citations	p. xvii
Tables of cases	p. xix

History, Structure, and Content of the United States Constitution	p. 3
Section
History of the United States Constitution	p. 5
-Early Steps Toward National Unity	p. 5
-Articles of Confederation	p. 5
-Drafting the United States Constitution	p. 6
-Ratification by the States	p. 6
-Structure and Content of the Constitution	p. 7
-Separation of the Powers of the National Government	p. 9
-Division of Power between the National Government and the States	p. 10
-Powers Granted to the Federal Government	p. 12
-Powers the States Are Forbidden to Exercise	p. 17
-Sovereign Powers Retained by the States	p. 19
The Bill of Rights	p. 21
-Applying the Bill of Rights to the States Through the Fourteenth Amendment	p. 24
The Fourteenth Amendment as a Limitation on State Power	p. 25
-Due Process of Law	p. 26
-Equal Protection of the Laws	p. 31
Adjudication of Constitutional Questions	p. 36
Federal Remedies for Constitutional Abuses	p. 38
Summary	p. 39
Freedom of Speech	p. 41
Section
Historical Background	p. 43
Overview of Constitutional Protection for Speech and Expressive Conduct	p. 44
Is Speech Involved?	p. 47
First Amendment Distinction between a Speaker's Message and the Conduct Associated with Communicating It	p. 48
Punishing Speech Because of the Message	p. 50
-Obscenity and Child Pornography	p. 52
-Fighting Words	p. 56
-Threats	p. 58
-Incitement to Immediate Illegal Action	p. 59
-Hate Speech	p. 64
-Crude and Vulgar Speech	p. 65
-Commercial Speech	p. 67
Restraints on Speech Based on Considerations Other Than the Message	p. 67
Free Speech Access to Government Property: Public Forums and Nonpublic Forums	p. 68
-Protecting the Community from Nuisances Linked to Speech	p. 73
-Free Speech Access to Private Property	p. 79
-Need for Precision in Regulating Speech	p. 80
Summary	p. 83
Authority to Detain and Arrest; Use of Force	p. 87
Section
Introduction	p. 89
Overview of the Fourth Amendment	p. 90
Crossing the Boundary of the Fourth Amendment	p. 93
-"Free Zone" for Investigative Work	p. 94
-"Seizure" Defined	p. 95
-Fourth Amendment Grounds for a Lawful Seizure	p. 99
Investigatory Stops	p. 103
-Reasonable Suspicion	p. 107
-Scope and Duration of Investigatory Stops	p. 116
Traffic and Vehicle Stops	p. 124
-Pretextual Traffic Stops	p. 126
Requirements for a Constitutional Arrest	p. 135
-Probable Cause	p. 139
-Requirements for a Valid Arrest Warrant	p. 141
-Arrests Inside a Private Residence	p. 148
Use of Force in Making an Arrest or Other Seizure	p. 152
State Arrest Laws	p. 156
-Territorial Limits on a Police Officer's Arrest Authority	p. 159
Summary and Practical Suggestions	p. 161
Search and Seizure	p. 163
Section
Overview of the Law of Search and Seizure	p. 165
Analysis of the Investigation	p. 168
-Definition of a Search	p. 171
-Sources of Search Authority	p. 178
-Fourth Amendment Requirements for Seizing Property	p. 187
-The Fourth Amendment Search Warrant	p. 198
Searches Involving People and Personal Effects	p. 204
-The Terry Search Revisited	p. 206
-Search Following a Custodial Arrest	p. 209
Vehicle Searches	p. 216
-Search of Vehicles Pursuant to a Detention or Arrest	p. 218
-Search of Vehicles Based on Probable Cause ("Automobile Exception")	p. 226
-Inventory Searches of Impounded Vehicles	p. 230
Search of Protected Premises	p. 232
-Premises Protected by the Fourth Amendment	p. 234
-Entry and Search of Premises Under a Warrant	p. 238
-Entry and Search of Premises Without a Warrant	p. 243
The Exclusionary Rule	p. 250
Summary and Practical Suggestions	p. 258
Laws Governing Police Surveillance	p. 261
Section
Introduction to the Laws Governing Police Surveillance	p. 263
Fourth Amendment Foundation of Police Surveillance Law: The Katz Standard	p. 264
Application of the Katz Standard to Non-assisted Surveillance	p. 266
Application of the Katz Standard to Technologically Assisted Surveillance: An Overview	p. 271
-Electronic Tracking	p. 275
-Video Surveillance	p. 281
-Detection Devices	p. 285
The Wiretap Act	p. 290
-Scope of the Wiretap Act	p. 292
-Procedural Requirements for Intercepting Protected Communications	p. 295
Communication Surveillance Not Regulated by the Wiretap Act	p. 301
-Listening with the Unaided Ear	p. 301
-Interception of an Oral Communication Where the Target Lacks a Reasonable Expectation of Freedom from Interception	p. 302
-Interception Conducted with the Consent of a Party	p. 304
-E-mail, Voice Mail, and Text Messages	p. 305
-Pen Registers and Trap-and-Trace Devices	p. 307
Foreign Intelligence Surveillance Act	p. 308
Summary and Practical Suggestions	p. 311
Interrogations and Confessions	p. 313
Section
Introduction	p. 315
The Free and Voluntary Rule	p. 319
The Fourth Amendment Exclusionary Rule	p. 323
Overview of the Rules Governing Custodial Interrogation	p. 326
The McNabb-Mallory Delay in Arraignment Rule	p. 327
Protection for the Fifth Amendment Privilege Against Self-incrimination During Police Interrogations: The Miranda Rule	p. 330
-Custodial Interrogation Defined	p. 332
-Procedural Requirements for Custodial Interrogations: Miranda Warnings and Waivers	p. 340
The Sixth Amendment Right to Counsel During Interrogations Conducted After the Commencement of Adversary Judicial Proceedings	p. 348
Use of Inadmissible Confession for Impeachment	p. 353
Restrictions on the Use of Derivative Evidence	p. 355
Restrictions on the Use of Confessions Given by Accomplices	p. 357
The Requirement of Corroboration of Valid Confessions	p. 358
Summary and Practical Suggestions	p. 359
Compulsory Self-incrimination	p. 363
Section
Introduction	p. 355
Fifth Amendment Protection Against Testimonial Self-Incrimination	p. 368
-Prerequisites for Application of the Fifth Amendment	p. 369
-Rules for Invoking and Waiving Fifth Amendment Protection	p. 373
-Protection Against Adverse Consequences from Exercising the Privilege Against Self-incrimination	p. 375
-Self-Reporting Laws and the Fifth Amendment	p. 376
Fourth Amendment Protection Against Bodily Self-incrimination	p. 377
--Requirements for Appearance Evidence	p. 378
-Requirements for Bodily Evidence	p. 381
-Necessity of a Search Warrant to Explore for Bodily Evidence	p. 384
-Strip Searches and Manual Body Cavity Searches	p. 387
Summary and Practical Suggestions	p. 391
Right to Counsel	p. 395
Section
Overview of the Sixth Amendment Right to Counsel	p. 397
-The Indigent Person's Right to Appointed Counsel	p. 398
-The Right to Assistance of Counsel in Pre- and Post-Trial Proceedings: Critical Stages of the Prosecution and Criminal Appeals	p. 401
-The Defendant's Right to Self-Representation	p. 403
-Ineffective Assistance of Counsel	p. 404
Sixth Amendment Restrictions on the Conduct of the Police	p. 406
Pretrial Identification Procedures	p. 409
-Fourth Amendment Limitations on Admission of Pretrial Identification Testimony	p. 411
-Due Process Requirements for Pretrial Identification Procedures	p. 412
-Right to Counsel During Pretrial Identification Procedures	p. 418
Summary and Practical Suggestions	p. 419
Trial and Punishment	p. 421
Section
Overview of Constitutional Safeguards During the Trial and Punishment Phases of a Criminal Case	p. 423
The Fifth Amendment Double Jeopardy Prohibition	p. 424
-Prohibition of Multiple Prosecutions for the Same Offense	p. 425
-Prohibition of Multiple Punishments for the Same Offense	p. 430
Sixth Amendment and Due Process Requirements for Fair Trials	p. 432
-Speedy Trial	p. 432
-Public Trial	p. 437
-Confrontation of Adverse Witnesses	p. 438
-Fair and Impartial Tribunal	p. 439
-Pretrial Publicity	p. 441
-Trial by Jury	p. 448
-Preservation and Disclosure of Evidence Favorable to the Defense	p. 454
Eighth Amendment Requirements for Punishment	p. 460
-Constitutionally Acceptable Punishments	p. 460
-The Death Penalty	p. 462
-Eighth Amendment Protection Inside Prison Walls	p. 467
Summary and Practical Suggestions	p. 470
Constitutional Rights and Liabilities in the Workplace	p. 473
Section
Introduction	p. 475
First Amendment Protection for Work-Related Speech	p. 475
Fourth Amendment Protection Against Workplace Searches	p. 486
Fifth Amendment Protection Against Self-Incrimination	p. 494
Fourteenth Amendment Protection for a Police Officer's Personal Liberty	p. 496
Procedural Due Process in Police Disciplinary Actions	p. 500
Employment Discrimination Based on Race, Color, Religion, Gender, or National Origin	p. 502
Equal Protection in the Police Workplace	p. 508
Constitutional Accountability Under Federal Law	p. 511
Summary	p. 516
Judicial Decisions and Statutes Relating To Part I	p. 519
Glossary	p. 709
Appendix	p. 719
Index of Cases	p. 737
Index	p. 787
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