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9780534522940

Criminal Procedure

by ;
  • ISBN13:

    9780534522940

  • ISBN10:

    0534522947

  • Edition: 2nd
  • Format: Paperback
  • Copyright: 1999-04-27
  • Publisher: Wadsworth Publishing
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Supplemental Materials

What is included with this book?

Summary

The Scheb and Scheb author team bring a combined experience that is both practical and academic. The text covers all of the essential content in a manageable fashion and integrates the material logically. Utilizing extensive case material, this book covers the historical background of criminal procedure and has been thoroughly updated to include the latest Supreme Court decisions and other developments in criminal justice today. The text features a classic organization, and traditional presentation of case law, coupled with coverage of recent trends in law and procedure, and ample student pedagogy. The authors' combined legal and practical experience provides students with first-hand insights into the American legal system. This is one of two "splits" of the combined CRIMINAL LAW AND PROCEDURE, 5th Edition text ( 2005) by the same authors. This unique text offers an economical alternative in terms of length and price.

Table of Contents

Prefacep. ix
Legal Foundations of Criminal Justicep. 1
Fundamentals of Criminal Law and Procedurep. 2
Introductionp. 3
What Is a Crime?p. 4
Civil and Criminal Lawp. 7
The Origins and Sources of the Criminal Lawp. 7
Constitutional Limitations on the Criminal Justice Systemp. 12
Stages in the Criminal Processp. 13
Criminal Punishmentp. 20
Organization of the Criminal Justice Systemp. 26
Introductionp. 27
Legislaturesp. 27
Law Enforcement Agenciesp. 30
Prosecutorial Agenciesp. 32
Defense Attorneysp. 34
Juriesp. 35
The Courtsp. 36
The Juvenile Justice Systemp. 43
The Corrections Systemp. 44
Law Enforcement and Criminal Procedurep. 49
Search and Seizurep. 50
Introductionp. 51
Historical Backgroundp. 51
When, Where, and to Whom the Fourth Amendment Appliesp. 53
The Scope of Privacy Protected by the Fourth Amendmentp. 58
The Warrant Requirementp. 61
Exceptions to the Warrant Requirementp. 69
Exceptions to the Probable Cause Requirementp. 74
Technology and the Fourth Amendmentp. 77
The Exclusionary Rulep. 79
Problems for Discussion and Solutionp. 84
Excerpts from Judicial Decisionsp. 85
Katz v. United Statesp. 85
Illinois v. Gatesp. 87
United States v. Rossp. 89
Mapp v. Ohiop. 91
United States v. Leonp. 92
Arrest, Interrogation, and Identification Proceduresp. 95
Introductionp. 96
Arrestp. 97
Investigatory Detentionp. 102
Roadblocks and Sobriety Checkpointsp. 106
Requests for Information or Identificationp. 108
Interrogation and Confessionsp. 109
Identification Proceduresp. 113
Problems for Discussion and Solutionp. 118
Excerpts from Judicial Decisionsp. 119
Tennessee v. Garnerp. 119
Whren v. United Statesp. 121
Miranda v. Arizonap. 123
New York v. Quarlesp. 126
United States v. Wadep. 128
The Pretrial Processp. 131
Introductionp. 132
The Right to Counselp. 132
Disposition of Petty Offensesp. 137
The Initial Court Appearancep. 137
Pretrial Release and Pretrial Detentionp. 138
The Formal Charging Processp. 141
The Grand Juryp. 143
Extraditionp. 145
Jurisdiction and Venuep. 146
Joinder and Severancep. 147
Pretrial Motionsp. 150
Arraignmentp. 152
Plea Bargainingp. 153
Availability of Compulsory Processp. 155
Pretrial Discoveryp. 155
The Right to a Speedy Trialp. 158
Problems for Discussion and Solutionp. 161
Excerpts from Judicial Decisionsp. 162
Scott v. Illinoisp. 162
United States v. Salernop. 164
United States v. Calandrap. 166
Boykin v. Alabamap. 168
Bordenkircher v. Hayesp. 169
The Criminal Trialp. 172
Introductionp. 173
Constitutional Rights Pertaining to the Criminal Trialp. 173
Selection of the Juryp. 177
Free Press Versus Fair Trialp. 182
"Order in the Court"p. 184
The Rules of Evidencep. 186
The Trial Processp. 196
Problems for Discussion and Solutionp. 208
Excerpts from Judicial Decisionsp. 209
Williams v. Floridap. 209
Batson v. Kentuckyp. 211
Jackson v. Statep. 214
Sentencing and Punishmentp. 217
Introductionp. 218
Contemporary Forms of Criminal Punishmentp. 220
The Death Penaltyp. 224
The Sentencing Stage of the Criminal Processp. 232
Granting and Revoking Probationp. 237
Statutory Approaches to Incarcerationp. 239
The Rights of Prisonersp. 245
The Rights of Crime Victimsp. 249
Problems for Discussion and Solutionp. 253
Excerpts from Judicial Decisionsp. 253
Furman v. Georgiap. 253
Gregg v. Georgiap. 257
Payne v. Tennesseep. 259
Apprendi v. New Jerseyp. 262
Koon v. United Statesp. 265
Appeal and Postconviction Reliefp. 268
Introductionp. 269
Appeal of Rightp. 269
The Appellate Processp. 274
Postconviction Reliefp. 281
Nonjudicial Remedies Available to Persons Convicted of Crimesp. 286
Problems for Discussion and Solutionp. 290
Excerpts from Judicial Decisionsp. 290
Douglas v. Californiap. 290
Felker v. Turpinp. 292
Access to the Law Through Legal Researchp. 296
The Nature of Legal Researchp. 296
Primary Legal Sourcesp. 296
Secondary Sourcesp. 305
Computerized Legal Researchp. 310
How to Research a Specific Point of Lawp. 311
Conclusionp. 313
The Constitution of the United States of Americap. 314
Glossaryp. 328
Table of Casesp. 355
Indexp. 359
Table of Contents provided by Syndetics. All Rights Reserved.

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