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Criminal Procedure : Law and Practice

by
Edition:
7th
ISBN13:

9780495006008

ISBN10:
0495006009
Format:
Hardcover
Pub. Date:
7/12/2006
Publisher(s):
Wadsworth Publishing
List Price: $180.00

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Summary

This eminently practical text has become a market leader as a result of its succinct, clear writing style, extensive use of engaging pedagogy, and unique ability to cover procedure completely and correctly without bogging students down in minutiae. Filled with case briefings, examples, sample police forms, and the most recent Supreme Court rulings, this book is known for its relevance to law enforcement officials and professionals in the field.

Table of Contents

Preface xv
Part 1 Introduction
The Court System, Court Cases, and Sources of Rights
1(32)
Introduction
2(1)
The Structure of the Court System
3(6)
The Federal Court System
3(3)
The State Court System
6(3)
The Territorial Effect of Judicial Decisions
9(1)
Judicial Precedent (Stare Decisis)
10(1)
Federal versus State Jurisdiction
10(2)
Jurisdiction versus Venue
12(1)
Court Cases
13(2)
Case Citations
13(1)
Internet Sources
14(1)
How to Brief a Case
15(2)
Sources of Rights
17(5)
Constitutions
17(3)
Statutory Law
20(1)
Case Law
21(1)
Court Rules
22(1)
The Incorporation Controversy: Does the Bill of Rights Apply to the States?
22(5)
Background
22(1)
Approaches to Incorporation
23(1)
Case Brief: Duncan v. Louisiana (1968)
23(2)
Rights Held to Be Fundamental and Incorporated
25(1)
Rights Not Incorporated
26(1)
Nationalization of the Bill of Rights
26(1)
The Judicial Review Doctrine
27(1)
The Rule of Law
27(2)
Summary
29(1)
Review Questions and Hypothetical Cases
30(1)
Key Terms
31(1)
Holdings of Key Cases
31(1)
Recommended Readings
31(1)
Notes
32(1)
Overview of the Criminal Justice Process
33(40)
Introduction
34(2)
The Procedure before Trial
36(16)
The Filing of a Complaint
36(1)
The Arrest
37(2)
Booking at the Police Station
39(1)
Initial Appearance before a Magistrate after the Arrest
39(1)
The Setting of Bail
40(1)
The Preliminary Hearing
41(2)
The Decision by the Prosecutor to Charge
43(1)
Grand Jury Indictment versus an Information
43(2)
The Arraignment
45(1)
The Plea by the Defendant
46(2)
Plea Bargains
48(3)
Case Brief: Santobello v. New York (1971)
51(1)
The Procedure during Trial
52(10)
The Selection of Jurors
52(3)
Opening Statements by the Prosecution
55(1)
Opening Statements by the Defense
55(1)
Presentation of the Case for the Prosecution
55(1)
Presentation of the Case for the Defense
56(1)
Rebuttal Evidence
56(1)
Closing Arguments
57(1)
Defense Motions Prior to the Verdict
57(1)
The Judge's Instructions to the Jury
58(1)
Jury Deliberation
59(1)
The Verdict---Guilty or Not Guilty
60(2)
The Procedure after Trial
62(4)
Sentencing
62(1)
Appeal
63(2)
Habeas Corpus
65(1)
Beware: The Procedure in Your Jurisdiction May Differ
66(3)
Application to Felony Cases
66(2)
Variation among States
68(1)
Variation within a State
68(1)
Theory versus Reality
68(1)
Summary
69(1)
Review Questions and Hypothetical Cases
69(1)
Key Terms
70(1)
Holdings of Key Cases
71(1)
Recommended Readings
71(1)
Notes
72(1)
Part 2 Levels of Proof and the Exclusionary Rule
Probable Cause and Reasonable Suspicion
73(29)
Introduction
74(1)
Probable Cause
75(15)
Probable Cause Defined
75(1)
A ``Man of Reasonable Caution''
76(1)
A Practical Definition---More than 50 Percent Certainty
77(1)
The Definition of Probable Cause Is the Same in All Areas of Police Work
77(1)
Arrests of Persons versus Search and Seizure of Property
78(1)
With a Warrant versus without a Warrant
78(1)
The Advantages of Obtaining a Warrant
79(1)
Determining Probable Cause
80(1)
Establishing Probable Cause by What Is Found after an Illegal Act
80(1)
What Can Be Used to Establish Probable Cause
81(1)
How Probable Cause Is Established
81(5)
Case Brief: Spinelli v. United States (1969)
86(4)
Probable Cause and Motor Vehicle Passengers
90(1)
Reasonable Suspicion
90(4)
Reasonable Suspicion Defined
91(1)
Case Brief: Alabama v. White (1990)
92(1)
The Totality of Circumstances
93(1)
Probable Cause and Reasonable Suspicion Compared
94(1)
Appealing a Finding of Probable Cause or Reasonable Suspicion
95(1)
Summary
96(1)
Review Questions and Hypothetical Cases
97(1)
Key Terms
98(1)
Holdings of Key Cases
98(1)
You Be the Judge
99(2)
Recommended Readings
101(1)
Notes
101(1)
The Exclusionary Rule
102(34)
Introduction
103(1)
The Exclusionary Rule
104(4)
The Exclusionary Rule Defined
104(1)
The Purpose of the Rule
105(1)
A Judge-Made Rule
106(1)
Historical Development
106(2)
The Exclusionary Rule Applied to State Criminal Prosecutions: Mapp v. Ohio
108(3)
Case Brief: Mapp v. Ohio (1961)
109(2)
Procedures for Invoking the Exclusionary Rule
111(2)
In Pretrial Motions and during the Trial
111(1)
On Appeal
111(1)
In Habeas Corpus Proceedings
112(1)
``Standing'' and the Exclusion of Illegally Seized Evidence
112(1)
Determining What Is Inadmissible
113(11)
Illegally Seized Evidence
113(1)
Fruit of the Poisonous Tree
113(2)
Exceptions to the Exclusionary Rule
115(1)
The Good Faith Exceptions
115(4)
Case Brief: Arizona v. Evans (1995)
119(2)
The Inevitable Discovery Exception
121(1)
The Purged Taint Exception
122(1)
The Independent Source Exception
123(1)
Proceedings to which the Rule Does Not Apply
124(2)
In Private Searches
124(1)
In Grand Jury Investigations
124(1)
In Sentencing
124(1)
In Violations of Agency Rules Only
125(1)
In Noncriminal Proceedings
125(1)
In Parole Revocation Hearings
125(1)
Arguments in Support of the Exclusionary Rule
126(1)
Arguments against the Exclusionary Rule
126(2)
Alternatives to the Exclusionary Rule
128(1)
The Future of the Exclusionary Rule: It Is Here to Stay
129(1)
Summary
130(1)
Review Questions and Hypothetical Cases
130(1)
Key Terms
131(1)
Holdings of Key Cases
131(2)
You Be the Judge
133(2)
Recommended Readings
135(1)
Notes
135(1)
Part 3 Searches and Seizures of Persons
Stop and Frisk and Stationhouse Detention
136(32)
Introduction
137(1)
Stop and Frisk
138(4)
Issue and Origin
138(1)
The Leading Case in Stop and Frisk: Terry v. Ohio
138(1)
The Guidelines
139(1)
Case Brief: Terry v. Ohio (1968)
140(1)
The Need for Reasonable Suspicion
141(1)
Stop and Frisk: Two Separate Acts, Not One Continuous Act
142(16)
The Stop
142(8)
Case Brief: Hiibel v. Sixth Judicial District Court of Nevada (2004)
150(3)
The Frisk
153(5)
The Distinctions between Stop and Frisk and Arrest
158(1)
Other Applications of Stop and Frisk
159(1)
Application to Motor Vehicles
159(1)
Application to Weapons in a Car
160(1)
Application to Residences
160(1)
Stationhouse Detention
160(2)
For Fingerprinting
161(1)
For Interrogation
161(1)
Summary
162(1)
Review Questions and Hypothetical Cases
162(1)
Key Terms
163(1)
Holdings of Key Cases
163(2)
You Be the Judge
165(2)
Recommended Readings
167(1)
Notes
167(1)
Arrests, Use of Force, and Responses to Terrorism
168(53)
Introduction
170(1)
The Broad Picture: Seizures of Persons
171(3)
Seizure and the Fourth Amendment
171(1)
Arrest: Just One Form of Seizure
171(1)
The Top Ten Degrees of Intrusiveness in Searches and Seizures of Persons
172(1)
The Appropriate Test for Determining Seizure
173(1)
Arrest Defined
174(1)
Forced Detention and Arrest
175(1)
The Length of Detention and Arrest
175(1)
The Elements of an Arrest
175(3)
Seizure and Detention
176(1)
The Intention to Arrest
177(1)
Arrest Authority
177(1)
Understanding by the Arrestee
178(1)
Arrests with a Warrant
178(6)
When a Warrant Is Needed
178(2)
The Issuance of a Warrant
180(1)
Case Brief: Payton v. New York (1980)
181(2)
The Contents of a Warrant
183(1)
The Service of a Warrant
183(1)
The Time of the Arrest
184(1)
The Possession and Expiration of a Warrant
184(1)
Legal Authorization Other than an Arrest Warrant
184(1)
Arrests without a Warrant
184(3)
Felonies Committed in the Presence of Officers
185(1)
Misdemeanors Committed in the Presence of Officers
185(1)
Crimes Committed in Public Places
185(1)
When Exigent (Emergency) Circumstances Are Present
186(1)
When There Is Danger to the Arresting Officer
186(1)
What the Police May Do after an Arrest
187(3)
Search the Arrestee
187(1)
Search the Area of Immediate Control
187(1)
Search the Motor Vehicle Even If the Initial Contact and Arrest of the Driver Took Place Outside the Vehicle
188(1)
Search the Passenger Compartment of a Motor Vehicle
189(1)
Use Handcuffs Subject to Departmental Policy
189(1)
Monitor the Movement of the Arrestee
189(1)
Search the Arrestee at the Place of Detention
190(1)
What the Police Cannot Do during an Arrest
190(2)
Enter Third-Party Residences, Except in Exigent Circumstances
190(1)
Strip or Cavity Search an Arrestee Unless Justified by Reasonable Suspicion
191(1)
Conduct a Warrantless Protective Sweep Unless Justified
191(1)
Invite the Media to ``Ride Along''
192(1)
The Announcement Requirement
192(3)
The General Rule: Knock and Announce Required
193(1)
The Exceptions and Other Rules
194(1)
Other Arrest Issues
195(5)
Detaining a Suspect While Obtaining a Warrant
196(1)
Arrests for Traffic Violations or Petty Offenses
196(1)
Arrests for Offenses Not Punishable by Prison or Jail Time
196(2)
Case Brief: Atwater v. City of Lago Vista (2001)
198(1)
The Validity of a Citizen's Arrest
199(1)
The Disposition of Prisoners after Arrest
200(4)
Booking
200(2)
The First Appearance before a Magistrate
202(1)
Bail
203(1)
The Use of Force during an Arrest
204(3)
The Factors Governing Police Use of Force
204(1)
Nondeadly and Deadly Force Distinguished
204(1)
The Rule on the Use of Nondeadly Force
205(1)
The Rule on the Use of Deadly Force
206(1)
Responses to Terrorism
207(7)
The USA Patriot Act of 2001
207(1)
The USA Patriot Act of 2006
208(1)
The Law Creating the Department of Homeland Security
209(1)
The INS Special Registration Program for Foreigners
210(1)
Legal Issues Arising from Responses to Terrorism
211(2)
Prospects
213(1)
Summary
214(1)
Review Questions and Hypothetical Cases
214(1)
Key Terms
215(1)
Holdings of Key Cases
215(3)
You Be the Judge
218(1)
Recommended Readings
219(1)
Notes
220(1)
Part 4 Searches and Seizures of Property
Searches and Seizures of Things and Electronic Surveillance
221(59)
Introduction
222(1)
Searches and Seizures and the Right to Privacy
223(2)
The Right to Privacy: A Constitutional Right?
223(1)
The Meaning of ``Reasonable Expectation of Privacy''
224(1)
Definitions and General Rule
225(1)
Search Defined
225(1)
Seizure Defined
225(1)
The General Rule for Searches and Seizures
226(1)
Things Subject to Search and Seizure
226(1)
Search and Seizure with a Warrant
226(11)
Requirements
227(6)
The Procedure for Serving a Warrant
233(1)
The Announcement Requirement
234(1)
The Scope of Search and Seizure
235(1)
The Time Allowed for a Search
236(1)
The Procedure after the Search
236(1)
Comparison of Search Warrants and Arrest Warrants
236(1)
Search and Seizure without a Warrant
237(16)
The Searches Incident to Lawful Arrest Exception
237(2)
The Searches with Consent Exception
239(1)
Case Brief: Chimel v. California (1969)
240(2)
The Special Needs beyond Law Enforcement Exception
242(6)
The Exigent (Emergency) Circumstances Exception
248(2)
The Administrative Searches and Inspections Exception
250(3)
Specific Search and Seizure Issues
253(4)
Searches and Seizures of Students
253(1)
Squeezing Luggage in a Bus
254(1)
The Temporary Restraint of a Suspect
255(1)
Searches and Seizures by Private Persons
255(1)
Searches by Off-Duty Officers
256(1)
The Use of Police Dogs for Detection of Drugs
256(1)
Surgery to Remove a Bullet from a Suspect
256(1)
Issues in Searches and Seizures and Technology
257(13)
Evolving Concepts in Electronic Surveillance
257(3)
Case Brief: Katz v. United States (1967)
260(1)
Three Federal Laws Governing Electronic Surveillance
261(5)
Searches and Seizures of Computers
266(2)
Electronic Devices that Do Not Intercept Communication
268(2)
Summary
270(1)
Review Questions and Hypothetical Cases
270(1)
Key Terms
271(1)
Holdings of Key Cases
271(5)
You Be the Judge
276(2)
Recommended Readings
278(1)
Notes
279(1)
Motor Vehicle Stops, Searches, and Inventories
280(45)
Introduction
281(1)
Vehicle Stops
282(16)
The General Rule for Stops: Reasonable Suspicion of Criminal Activity Required
283(1)
Roadblocks: An Exception to the ``Reasonable Suspicion'' Requirement
284(3)
What an Officer May Do after a Vehicle Stop
287(6)
Traffic Stops as Pretexts for Vehicle Searches
293(1)
Vehicle Stops Based on Racial Profiles Alone
294(2)
Consensual Searches and the Freedom to Leave
296(1)
Arrest for a Minor (Nonjailable) Traffic Offense
296(1)
The Arrests of Passengers in a Vehicle
297(1)
Vehicle Searches
298(15)
The Earliest Case on Vehicle Searches and Warrants: Carroll v. United States
298(1)
Case Brief: Carroll v. United States (1925)
299(1)
Warrantless Vehicle Searches
300(1)
Automatic Searches during the Issuance of Traffic Citations
301(1)
Searches of Passenger Compartments
302(1)
Searches of the Passenger Compartment after a Lawful Arrest When the Suspect Was Not in the Vehicle When Arrested
303(1)
Warrantless Searches of Trunks and Closed Packages Found in Trunks
303(1)
Case Brief: United States v. Ross (1982)
304(1)
Searches of Locked Trunks or Glove Compartments
305(1)
Dog Sniffs after a Traffic Stop
306(1)
Searches that Are Not Contemporaneous
306(1)
Warrantless Searches When There Is Time to Obtain a Warrant
306(1)
The Extent of Car Searches and the Objective Reasonableness Rule
307(1)
Warrantless Searches of Containers in a Car
308(1)
Seizures of Vehicles Found in Public Places
309(1)
Searches of Motor Homes without a Warrant
310(1)
The Use of Beepers to Detect Cars
310(2)
Immigration and Border Searches of Vehicles
312(1)
Other Valid Car Searches
313(1)
Vehicle Inventory Searches
313(3)
Warrantless Vehicle Inventory Searches Immediately after an Arrest
313(1)
Warrantless Inventory Searches of Vehicles Impounded by Police
314(2)
The Importance of State Laws and Departmental Policies
316(1)
Summary
316(1)
Review Questions and Hypothetical Cases
317(1)
Key Terms
318(1)
Holdings of Key Cases
318(4)
You Be the Judge
322(1)
Recommended Readings
323(1)
Notes
324(1)
Searches and Seizures Not Fully Protected by the Fourth Amendment: Plain View, Open Fields, Abandonment, and Border Searches
325(34)
Introduction
326(1)
The Plain View Doctrine
327(9)
Plain View Defined
327(1)
Requirements of the Plain View Doctrine
328(2)
Situations in which the Plain View Doctrine Applies
330(1)
Plain View: One of Many Justifications for Admission of Evidence in Court
330(1)
Inadvertence No Longer Required: Horton v. California
331(1)
Case Brief: Horton v. California (1990)
332(1)
Plain View and Open Spaces
333(1)
Plain View and Motor Vehicles
334(1)
Plain View and the Use of Mechanical Devices
334(1)
Comparison between Plain View and Open View
335(1)
Comparison between Plain View and Plain Touch
335(1)
Comparison between Plain View and Plain Odor
336(1)
The Open Fields Doctrine
336(8)
The Open Fields Doctrine Defined
336(1)
Areas Not Included in Open Fields
337(1)
Curtilage
337(3)
Open Fields Despite a Locked Gate and a ``No Trespassing'' Sign: Oliver v. United States
340(1)
Open Fields and the Use of Sense-Enhancement Technology
341(1)
Case Brief: Oliver v. United States (1984)
342(1)
Open Fields and the Use of Electronic Beepers: The Knotts and Karo Cases
343(1)
Comparison between Open Fields and Plain View
344(1)
Abandonment
344(4)
Abandonment Defined
344(1)
Factors that Determine When Items Are Considered Abandoned
345(1)
Abandonment of Motor Vehicles
346(1)
Police Actions and Abandonment
347(1)
Comparison between Abandonment and Plain View
347(1)
Border Searches
348(4)
Fourth Amendment Rules Applied Differently in Immigration and Border Searches
348(1)
Roving Patrols Searching Vehicles Away from the Border
349(1)
Stopping Vehicles at Fixed Checkpoints
350(1)
Disassembling the Gas Tank of a Motor Vehicle
350(1)
The Forced Temporary Detention of Aliens Believed to Be Illegal
351(1)
Factory Surveys of Aliens
351(1)
The Detention of Alimentary Canal Smugglers
352(1)
Summary of Case Law for Border Stops and Searches
352(1)
Summary
352(1)
Review Questions and Hypothetical Cases
353(1)
Key Terms
354(1)
Holdings of Key Cases
354(2)
You Be the Judge
356(1)
Recommended Readings
357(1)
Notes
358(1)
Part 5 Identifications, Confessions, and Admissions
Lineups and Other Means of Pretrial Identification
359(39)
Introduction
360(1)
Lineups
361(10)
The Right to Counsel during Lineups
361(2)
Case Brief: Kirby v. Illinois (1972)
363(3)
Case Brief: United States v. Wade (1967)
366(2)
The Right to Due Process Applies
368(1)
No Right against Unreasonable Searches and Seizures
369(1)
No Right against Self-Incrimination
370(1)
Showups
371(3)
The Right to Counsel during Showups
371(1)
The Right to Due Process Applies
372(1)
No Right against Unreasonable Searches and Seizures
373(1)
No Right against Self-Incrimination
374(1)
Photographic Identifications
374(2)
No Right to Counsel
374(1)
The Right to Due Process Applies
374(2)
No Right against Unreasonable Searches and Seizures
376(1)
No Right against Self-Incrimination
376(1)
Problems with Eyewitness Identification
376(2)
``Hopelessly Unreliable?''
377(1)
No Prescribed Guidelines
377(1)
Eyewitness Identification Guidelines from the U.S. Department of Justice
378(3)
For Lineups
378(2)
For Showups
380(1)
For Photographic Identifications
380(1)
Other Means of Identifying Suspects
381(10)
DNA Testing: Results Admissible into Evidence
381(5)
Polygraph Examinations: Results Not Admissible
386(2)
Breathalyzer™ Tests: Results Admissible
388(1)
Handwriting Samples: Results Admissible
389(1)
Hair Samples: Results Admissible
390(1)
Brain Fingerprinting: Too Early to Tell
391(1)
Summary
391(1)
Review Questions and Hypothetical Cases
392(1)
Key Terms
393(1)
Holdings of Key Cases
393(1)
You Be the Judge
394(2)
Recommended Readings
396(1)
Notes
396(2)
Confessions and Admissions: Miranda v. Arizona
398(52)
Introduction
399(1)
Before Miranda: Only Voluntary Confessions Were Admissible
400(3)
Voluntary Confessions
400(1)
U.S. Supreme Court Cases before Miranda v. Arizona
400(3)
After Miranda: The Three-Question Test for Admissibility
403(1)
The Basics of Miranda v. Arizona
404(14)
The Case
404(2)
The Miranda Warnings
406(2)
The Miranda Warnings: Required by the Constitution, Not Just by Judges
408(1)
The Miranda Warnings: Must Be Given for All Offenses Except Routine Traffic Stops
409(1)
Case Brief: Berkemer v. McCarty (1984)
410(2)
Distinguishing the Miranda Warnings from the Right to Counsel
412(2)
The Miranda Rights: May Only Be Waived Knowingly and Intelligently
414(4)
Custodial Interrogation: When the Miranda Warnings Must Always Be Given
418(6)
Custody
419(4)
Interrogation
423(1)
Other Situations and Decisions on the Miranda Warnings
424(17)
Situations in which the Miranda Warnings Are Required
425(4)
Case Brief: Missouri v. Seibert (2004)
429(3)
Situations Not Requiring or Not Fully Applying the Miranda Warnings
432(4)
Situations in which the Miranda Warnings Are Not Needed
436(5)
The Harmless Error Rule and Miranda Cases on Appeal: Arizona v. Fulminante
441(1)
Summary
442(1)
Review Questions and Hypothetical Cases
443(1)
Key Terms
444(1)
Holdings of Key Cases
444(3)
You Be the Judge
447(2)
Recommended Readings
449(1)
Notes
449(1)
Part 6 Constitutional Rights and the Consequences of Police Misconduct
Constitutional Rights of the Accused during the Trial
450(53)
Introduction
452(1)
The Right to a Trial by Jury
452(10)
Jury Size
453(1)
Unanimous versus Nonunanimous Verdicts
453(1)
Serious versus Petty Offenses
454(1)
Waiver of a Jury Trial
455(1)
The Selection of a Jury of Peers
455(1)
The Disqualification of Jurors Based on Race
455(2)
The Disqualification of Jurors Based on Gender
457(1)
Case Brief: J. E. B. v. Alabama (1994)
458(1)
The Constitutionality of ``Death-Qualified Juries''
459(1)
Case Brief: Lockhart v. McCree (1986)
460(1)
The Strengthening of the Role of Juries in Sentencing
461(1)
The Right to Counsel
462(10)
Why Counsel Is Needed
464(1)
How Counsel Is Obtained
464(2)
The Responsibility of the Defense Lawyer
466(1)
The Right to Court-Appointed Counsel during the Trial
467(1)
The Difficulty of Proving Ineffective Assistance of Counsel
468(1)
Claims of Ineffective Counsel in Death Penalty Cases
469(1)
The Right to Act as One's Own Counsel
470(2)
The Right to Due Process
472(2)
The Brady Rule on Disclosure of Evidence to the Accused
472(1)
Cases after Brady
473(1)
The Right against Self-Incrimination
474(5)
The Scope of the Provision: Testimonial, Not Physical
474(1)
Two Separate Privileges during Trials: The Accused and the Witness
475(2)
The Grant of Immunity
477(1)
Comparison between Transactional Immunity and Use and Derivative Use Immunity
478(1)
How the Right Is Waived
478(1)
The Right to Protection against Double Jeopardy
479(6)
What Double Jeopardy Means
479(1)
When Double Jeopardy Starts
480(1)
When Double Jeopardy Is Waived
480(2)
What Same Offense Means
482(1)
What Lesser Included Offense Means
482(1)
The Constitutionality of Prosecution for a Higher Offense after Conviction for a Lesser Included Offense
483(1)
The Constitutionality of Prosecution for the Same Offense by Two States
484(1)
The Right to Confront Witnesses
485(2)
The Right to Cross-Examine Opposing Witnesses
485(1)
The Right to Physical Presence during the Trial
486(1)
The Right to Face Witnesses at Trial
486(1)
The Right to Know the Identity of Prosecution Witnesses
487(1)
The Right to Compulsory Process to Obtain Witnesses
487(1)
The Right to a Speedy and Public Trial
488(1)
A Speedy Trial
488(1)
A Public Trial
489(1)
The Right to a Fair and Impartial Trial
489(2)
The Prohibition of Prejudicial Publicity
490(1)
Controlling Prejudicial Publicity
490(1)
The Right to Proof of Guilt beyond a Reasonable Doubt
491(2)
What Must Be Proved
491(1)
Reasonable Doubt
492(1)
Summary
493(1)
Review Questions and Hypothetical Cases
494(1)
Key Terms
495(1)
Holdings of Key Cases
495(5)
You Be the Judge
500(1)
Recommended Readings
501(1)
Notes
502(1)
Legal Liabilities and Other Consequences of Police Misconduct
503
Introduction
504(2)
Lawsuits against the Police: An Occupational Hazard
506(1)
An Overview of Police Legal Liabilities
507(2)
Civil Liability under Federal Law-Section 1983 Cases
509(10)
The Federal Law
509(1)
The Elements of a Section 1983 Lawsuit
510(2)
Case Brief: Town of Castle Rock v. Gonzales (2005)
512(2)
Defenses in Section 1983 Cases
514(2)
Case Brief: Groh v. Ramirez et al. (2004)
516(3)
Civil Liability under State Tort Law
519(10)
Types of State Tort Cases
519(9)
Official Immunity Defense Most Often Used in State Tort Cases
528(1)
Comparison between Federal (Section 1983) and State Tort Cases
529(1)
Defendants in Civil Liability Cases: Legal Representation and Indemnification
529(5)
The Police Officer as Defendant
529(2)
The Supervisor as Defendant
531(2)
The City or County as Defendant
533(1)
Other Consequences of Police Misconduct
534(5)
Criminal Liabilities under Federal and State Penal Codes
535(1)
Exclusion of Illegally Obtained Evidence
536(1)
Administrative Investigations and Sanctions
537(1)
Revocation of Law Enforcement License
537(2)
Summary
539(1)
Review Questions and Hypothetical Cases
539(1)
Key Terms
540(1)
Holdings of Key Cases
540(3)
You Be the Judge
543(1)
Recommended Readings
544(1)
Notes
545
Appendix A: Thirty Suggestions on How to Be an Effective Witness 1(3)
Appendix B: The Constitution of the United States 4(17)
Appendix C: Information on How to Search FindLaw 21
Glossary 1(1)
Index 1


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