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Criminal Procedure: From First Contact to Appeal (with Supreme Court Case Excerpts CD-ROM),9780205493104
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Criminal Procedure: From First Contact to Appeal (with Supreme Court Case Excerpts CD-ROM)

by
ISBN13:

9780205493104

ISBN10:
0205493106
Format:
Hardcover
Pub. Date:
1/1/2007
Publisher(s):
Allyn & Bacon
List Price: $127.20
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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


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