Criminal Procedure: From First Contact to Appeal (with Supreme Court Case Excerpts CD-ROM)

by Worrall, John L.

• ISBN13: 9780205493104
• ISBN10: 0205493106
• Edition: 2nd
• Format: Hardcover
• Copyright: 2007-01-01
• Publisher: Allyn & Bacon

Summary

A comprehensive introduction to criminal procedure, from the point where individuals first come into contact with the police, all the way through to appeal. Traditional criminal procedure topics, including search and seizure as well as interrogation and identification procedures comprise the first half of the text. Recognizing that criminal procedure consists of much more than interactions between the police and criminal suspects, Worrall goes on to discuss the pretrial process; the roles of defense attorneys, prosecutors, and grand juries; plea bargaining and guilty pleas; rights of criminal defendants at trial; and appeals and habeas corpus. The material focuses on the constitutional rights of criminal suspects, as interpreted by the U.S. Supreme Court. Reviewers are praising Worrall as an exciting new entry to the market. The book does an excellent job of covering the material, writes one reviewer. It covers areas rarely covered in a typical procedure text such as issues of mental competency. In addition, it answers the questions that professors consistently get from their students. Another reviewer calls the Worrall text an incredible improvement over [other criminal procedure texts]where those books are so confusing and choppy, this book is well written and gets the points across clearly.

Table of Contents

Preface	xi
About the Author	xv
PART I INTRODUCTION
Introduction to Criminal Procedure	xvi
Introduction: What Is Criminal Procedure?	1	(1)
Emphasis on Constitutional Rights	2	(5)
Sources of Rights	2	(1)
Rights of Relevance in Criminal Procedure	3	(2)
The Incorporation Controversy	5	(2)
The Importance of Precedent	7	(2)
Stare Decisis	7	(1)
Distinguishing Cases	8	(1)
Theory versus Reality	9	(1)
Competing Concerns in Criminal Procedure	10	(4)
Due Process	11	(1)
Crime Control	12	(2)
Doing Legal Research and Understanding the Relationship among Courts	14	(8)
Finding Cases	17	(1)
Tracing the Progress of a Criminal Case	18	(2)
How Cases Arrive at the Supreme Court	20	(2)
Important Terms, Issues, Trends, and Changes in Criminal Procedure	22	(6)
Bright-Line Decisions versus Case-by-Case Adjudication	22	(1)
Subjectivity versus Objectivity	23	(1)
Increased Faith in the Police	24	(1)
Judicial Restraint	25	(1)
Personal Privacy	26	(1)
The Patriot Act and Criminal Procedure in Post-September 11 America	27	(1)
The Criminal Process: An Overview	28	(4)
Pretrial	30	(1)
Adjudication	31	(1)
Beyond Conviction	32	(1)
Conclusion	32	(1)
Review Questions	33	(1)
Remedies for Constitutional Violations	34	(32)
Introduction: Remedies for Constitutional Rights Violations	35	(1)
Civil Remedies	36	(12)
42 U.S.C. Section 1983: Liability of State Officials	36	(8)
Bivens Claims against Federal Officials	44	(1)
Defenses to Section 1983 Civil Liability	44	(2)
State Tort Liability	46	(2)
Criminal Remedies	48	(3)
Federal Law	48	(1)
State Law	49	(2)
Nonjudicial Remedies	51	(3)
Internal Review	51	(2)
Civilian Review	53	(1)
Mediation	54	(1)
The Exclusionary Rule	54	(11)
The Rule and Its History	54	(8)
The ``Fruit of the Poisonous Tree'' Doctrine	62	(3)
Conclusion	65	(1)
Review Questions	65	(1)
PART II SEARCH AND SEIZURE
Introduction to the Fourth Amendment	66	(30)
Introduction: The Core Purpose and Elements of the Fourth Amendment	67	(1)
Basic Terminology	68	(1)
A Framework for Analyzing the Fourth Amendment	69	(1)
When a Search Occurs	70	(9)
Government Action, Not Private Action	70	(3)
Infringement on Reasonable Expectation of Privacy	73	(6)
When a Seizure Occurs	79	(2)
Seizures of Property	80	(1)
Seizures of Persons	80	(1)
The Doctrine of Justification	81	(12)
Probable Cause	81	(7)
Reasonable Suspicion	88	(3)
Administrative Justification	91	(2)
Standing	93	(2)
The Link between Standing and the Definition of a Search	94	(1)
Conclusion	95	(1)
Review Questions	95	(1)
Searches and Arrests with Warrants	96	(40)
Introduction: Provisions of the Fourth Amendment	97	(1)
Components of Warrants	98	(3)
A Neutral and Detached Magistrate	98	(1)
A Showing of Probable Cause	99	(1)
Particularity	99	(2)
Arrests with Warrants	101	(17)
The Definition of Arrest	104	(4)
When an Arrest Warrant Is Required	108	(2)
Arrests for Minor Offenses	110	(1)
Arrests for Offenses Committed Out of an Officer's Presence	111	(1)
Executing an Arrest Warrant	111	(7)
Searches with Warrants	118	(7)
Executing a Search Warrant	119	(6)
Special Circumstances	125	(9)
Electronic Surveillance	125	(6)
Search Warrants and Bodily Intrusions	131	(1)
Civil Asset Forfeiture	131	(2)
Administrative Search Warrants	133	(1)
Anticipatory Search Warrants	133	(1)
Conclusion	134	(1)
Review Questions	135	(1)
Searches and Arrests without Warrants	136	(32)
Introduction: Moving beyond the Warrant Requirement	137	(1)
Exceptions to the Warrant Requirement	137	(29)
Searches Incident to Arrest	138	(4)
Searches Based on Exigent Circumstances	142	(7)
Automobile Searches	149	(6)
Racial Profiling	155	(5)
Arrests Based on Exigent Circumstances	160	(1)
Arrests in Public Places	160	(2)
The Doctrine of Plain View	162	(4)
Conclusion	166	(1)
Review Questions	167	(1)
Actions Based on Reasonable Suspicion	168	(30)
Introduction: Loosening the Fourth Amendment's Restraints	169	(1)
Stop and Frisk: Two Separate Acts	170	(1)
Between Reasonable Suspicion and Stop-and-Frisk	170	(1)
The Stop	170	(8)
Definition of a Stop	171	(2)
Alternative Definitions of a Stop	173	(1)
Duration of a Stop	174	(2)
The Meaning of Free to Leave	176	(1)
Can Effects Be Seized?	176	(2)
The Frisk	178	(4)
Permissible Grounds for a Frisk	178	(1)
Scope of a Frisk	179	(3)
Expansion of Stop-and-Frisk Law	182	(6)
Vehicle Stops and Weapons Searches of Automobiles	183	(1)
Protective Sweeps of Residences	183	(1)
Plain Touch and Feel	184	(2)
Stops for Loitering	186	(1)
Other Situations	186	(1)
Enter the Patriot Act	187	(1)
Drug Courier Profiling	188	(7)
Landmark Cases	191	(3)
Race and Drug Courier Profiling	194	(1)
Investigative Detentions	195	(1)
Conclusion	196	(1)
Review Questions	196	(2)
Actions Based on Administrative Justification and Consent	198	(28)
Introduction: Casting Off the Fourth Amendment's Restraints	199	(1)
Searches Based on Administrative Justification	199	(21)
Inventory Searches	200	(2)
Inspections	202	(5)
Checkpoints	207	(4)
School Disciplinary Searches	211	(1)
Searches of Government Employees' Offices	212	(1)
Drug and Alcohol Testing	213	(2)
Probation Supervision Searches	215	(5)
Consent Searches	220	(4)
Voluntariness	220	(1)
Scope Limitations	221	(1)
Third-Party Consent	222	(1)
``Knock and Talk''	222	(2)
Conclusion	224	(1)
Review Questions	225	(1)
PART III INTERROGATIONS, CONFESSIONS, AND IDENTIFICATION PROCEDURES
Interrogations and Confessions	226	(30)
Introduction: Getting Suspects to Talk	227	(1)
The Fifth Amendment and Self-Incrimination	227	(7)
What It Means to Be Compelled	228	(3)
Distinguishing between Criminal and Noncriminal Proceedings	231	(1)
What It Means to Be a Witness	232	(1)
What It Means to Be a Witness against Oneself	233	(1)
Interrogations and Confessions	234	(18)
Various Approaches to Confession Law	234	(1)
The Due Process Voluntariness Approach	234	(3)
The Sixth Amendment Approach	237	(2)
The Miranda Approach	239	(12)
The Exclusionary Rule and Confession Analysis	251	(1)
The Importance of Documenting a Confession	252	(2)
Conclusion	254	(1)
Review Questions	255	(1)
Identification Procedures and the Role of Witnesses	256	(24)
Introduction: Dealing with Witnesses to Crimes	257	(1)
Constitutional Restrictions on Identification Procedures	258	(3)
Right to Counsel	258	(1)
Due Process	258	(1)
The Fifth Amendment	259	(1)
The Fourth Amendment	259	(2)
Pretrial Identification Techniques	261	(5)
Lineups	261	(1)
Showups	262	(2)
Photographic Identifications	264	(2)
Identification during Trial	266	(9)
Forms of Questions	268	(4)
Witness Credibility, Impeachment, and Rehabilitation	272	(3)
The Exclusionary Rule and Identifications	275	(3)
Tainted Identifications	275	(2)
Identifications Resulting from Illegal Searches and Seizures	277	(1)
Conclusion	278	(1)
Review Questions	279	(1)
PART IV THE BEGINNINGS OF FORMAL PROCEEDINGS
The Pretrial Process	280	(28)
Introduction: The Road to Trial	281	(1)
The Initial Appearance	282	(1)
The Probable Cause Hearing	282	(2)
Procedural Issues Surrounding the Hearing	283	(1)
Timing of the Hearing	283	(1)
Pretrial Release	284	(8)
The Pretrial Release Hearing	285	(1)
Pretrial Release	285	(4)
Criteria for Release	289	(2)
Treatment of Pretrial Detainees	291	(1)
The Preliminary Hearing	292	(2)
The Probable Cause Requirement	292	(1)
Procedural Issues	293	(1)
The Arraignment	294	(1)
Summary of Pretrial Proceedings	294	(1)
Discovery	295	(10)
Discovery by the Prosecution	295	(4)
Discovery by the Defense	299	(2)
Nonreciprocal Discovery	301	(4)
Conclusion	305	(2)
Review Questions	307	(1)
Prosecutors, Grand Juries, and Defense Attorneys	308	(34)
Introduction: Bringing Charges and Mounting a Defense	309	(1)
The Prosecutor	310	(11)
The Charging Decision	310	(6)
Restrictions on Bringing Charges	316	(3)
Joinder	319	(2)
The Grand Jury	321	(10)
How a Grand Jury Is Constructed	322	(3)
Secrecy of Grand Jury Proceedings	325	(2)
Rights of Witnesses Testifying before Grand Juries	327	(1)
Investigative Powers of the Grand Jury	328	(1)
Challenging a Grand Jury Indictment	329	(2)
The Defense Attorney	331	(9)
The Right to Counsel in a Criminal Prosecution	331	(1)
The Right to Counsel at Other Stages of the Criminal Process	332	(2)
Waiver of the Right to Counsel	334	(1)
Indigent versus Nonindigent Defendants' Right to Counsel of Their Choice	335	(1)
Effective Assistance of Counsel	335	(5)
The Courtroom Work Group	340	(1)
Conclusion	340	(1)
Review Questions	341	(1)
Plea Bargaining and Guilty Pleas	342	(28)
Introduction: Methods of Avoiding Trial	343	(2)
Plea Bargaining	345	(6)
Definitions of Plea Bargaining	345	(1)
The History and Rise of Plea Bargaining	346	(1)
Arguments in Support of Plea Bargaining	347	(1)
Criticisms of Plea Bargaining	348	(1)
Attempts to Restrict Plea Bargaining	349	(2)
The Supreme Court's View on Plea Bargaining	351	(1)
The Plea-Bargaining Process	351	(6)
Constitutional Rights during Plea Bargaining	352	(1)
Acceptable Inducements by the Prosecution	352	(2)
Questionable Inducements	354	(2)
Statutory and Judicial Inducements	356	(1)
Effects of Plea Bargaining	357	(5)
Effects on the Court	357	(2)
Effects on the Prosecutor	359	(2)
Effects on the Defendant	361	(1)
Elements of a Valid Guilty Plea	362	(4)
Intelligence and Understanding	362	(3)
Voluntariness	365	(1)
Factual Basis	365	(1)
Contesting a Guilty Plea	366	(2)
Withdrawing a Guilty Plea	367	(1)
Appealing a Guilty Plea	367	(1)
Conclusion	368	(1)
Review Questions	368	(2)
PART V TRIAL, CONVICTION, AND BEYOND
Rights at Trial	370	(32)
Introduction: Ensuring an Expeditious and Fair Trial	371	(1)
The Right to a Speedy Trial	371	(8)
When the Right to a Speedy Trial Applies	372	(2)
Violations of the Right to a Speedy Trial	374	(4)
Consequences of Violating the Right to a Speedy Trial	378	(1)
Statutory Clarification	378	(1)
The Right to an Impartial Judge	379	(2)
Methods of Removing a Judge Who Is Not Impartial	380	(1)
The Right to an Impartial Jury	381	(19)
When the Right to a Jury Trial Applies	381	(6)
Jury Size and Voting Requirements	387	(3)
Waiving the Right to a Jury Trial	390	(1)
Selection of Potential Jurors	391	(3)
The Voir Dire Process	394	(6)
When Judges Preempt Juries	400	(1)
Conclusion	400	(1)
Review Questions	401	(1)
More Rights at Trial	402	(32)
Introduction: More Protections for the Accused	403	(1)
The Right to a Public Trial	404	(3)
When the Right May Not Apply	404	(1)
The First Amendment and Public Trials	405	(2)
The Right to Confrontation	407	(11)
The Defendant's Right to Be Present	408	(3)
The Defendant's Right to Live Testimony	411	(3)
The Defendant's Right to Challenge Witness Testimony	414	(4)
The Right to Compulsory Process	418	(6)
The Right to Present Evidence	422	(2)
The Right to Double-Jeopardy Protection	424	(5)
When Double-Jeopardy Protection Applies	424	(3)
When Double-Jeopardy Protection Does Not Apply	427	(2)
Double Jeopardy and Sentencing	429	(1)
The Right to Assert an Entrapment Defense	429	(2)
Conclusion	431	(1)
Review Questions	432	(2)
Sentencing, Appeals, and Habeas Corpus	434	(37)
Introduction: Closing the Door on the Criminal Process	435	(1)
Sentencing	435	(7)
Goals of Sentencing	436	(1)
Types of Sentences	437	(1)
Determining the Appropriate Sentence	438	(4)
Constitutional Rights during Sentencing	442	(1)
Appeals	442	(13)
Types and Effects of Appeals	443	(1)
The Appellate Process	444	(5)
Timing of Defense Appeals	449	(1)
Appeals by Parties Other Than the Defense	450	(2)
When Appeals Do Not Succeed	452	(2)
Retroactivity of Decisions from Appeals	454	(1)
Habeas Corpus	455	(13)
Restrictions on the Right to Habeas Corpus	457	(6)
When a Habeas Corpus Proceeding Resembles a Trial	463	(1)
The Right to Counsel in the Habeas Corpus Context	464	(1)
Retroactivity in the Habeas Corpus Context	464	(1)
The Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996	465	(3)
Conclusion	468	(1)
Review Questions	469	(2)
Appendix The Constitution of the United States of America	471	(16)
Answers to Decision-Making Exercises	487	(40)
Index of Cases	527	(8)
Index of Subjects	535