9780314264268

Criminal Procedure and the Constitution2002: Leading Supreme Court Cases and Introductory Text

by ; ;
  • ISBN13:

    9780314264268

  • ISBN10:

    0314264264

  • Format: Paperback
  • Copyright: 2002-07-01
  • Publisher: West Group

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Table of Contents

Preface iii
Table of Cases
xv
An Overview of the Criminal Justice Process
1(32)
Introduction
1(3)
The Processing of a Felony Case---The Steps in the Process
4(11)
The Participants in the Administration of the Process
15(18)
The Nature and Scope of Fourteenth Amendment Due Process; The Applicability of the Bill of Rights to the States
33(22)
The ``Fundamental Rights'' (or ``Ordered Liberty'') and ``Incorporation'' Theories
33(10)
The Modern Approach: The Shift to ``Selective Incorporation''
43(12)
Arrest, Search and Seizure
55(209)
The Exclusionary Rule
55(26)
Protected Areas and Interests
81(28)
Probable Cause
109(18)
Search Warrants
127(9)
Warrantless Arrest and Search of Persons
136(30)
Warrantless Seizure and Search of Premises
166(13)
Warrantless Seizure and Search of Vehicles and Effects
179(31)
Lesser Intrusions: Stop and Frisk
210(31)
Lesser Intrusions: Inspections and Regulatory Searches
241(12)
Consent Searches
253(11)
Police ``MEncouragement'' and the Defense of Entrapment
264(19)
The Right to Counsel, Transcripts and Other Aids; Poverty, Equality and the Adversary System
283(24)
The Right to Appointed Counsel
283(14)
The Griffin-Douglas ``Equality'' Principle
297(10)
Police Interrogation and Confessions
307(121)
The Due Process ``Voluntariness'' Test for Admitting Confessions
307(14)
Massiah and Escobedo: The Court Grows Disenchanted With the ``Voluntariness'' Test and Turns to the Right to Counsel
321(10)
Miranda: The Court Builds a Confession Doctrine on the Privilege Against Compelled Self--Incrimination
331(36)
Applying and Explaining Miranda
367(47)
Massiah Revisited: Massiah and Miranda Compared and Contrasted
414(14)
Lineups, Showups and Other Pre-Trial Identification Procedures
428(20)
Wade and Gilbert: Constitutional Concern About the Dangers Involved in Eyewitness Identifications
430(7)
The Court Retreats: Kirby and Ash
437(3)
Due Process and Other Limitations
440(8)
Investigation by Subpoena
448(45)
Fourth Amendment Limitations
461(1)
The Privilege Against Self-Incrimination
461(32)
Pretrial Release
493(13)
The Decision Whether to Prosecute
506(17)
The Decision to Prosecute
506(9)
Selection of the Charge
515(8)
Screening the Prosecutor's Decision to Charge
523(18)
Speedy Trial and Other Speedy Disposition
541(18)
The Duty to Disclose
559(21)
Guilty Pleas
580(24)
Plea Bargaining
580(15)
Requisites of a Valid Plea
595(9)
Trial by Jury
604(40)
Right to Jury Trial
604(8)
Jury Selection
612(32)
Fair Trial/Free Press
644(37)
The Role of Counsel
681(49)
The Trial
730(63)
Presence of the Defendant
731(3)
The Rights of Confrontation and Compulsory Process
734(21)
The Defendant's Right to Remain Silent---or to Testify
755(10)
Due Process Requirements
765(28)
Retrials
793(48)
The ``Same Offense'' Limitation
794(28)
Aborted Proceedings
822(10)
Reprosecution Following Acquittals and Convictions
832(9)
Sentencing Procedures
841(62)
Appendix A. Selected Provisions of the United States Constitution 903

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