Table of Cases | p. vii |
Basic Principles | p. 1 |
Two Special Aspects of Constitutional Law: The Incorporation Doctrine and Retroactive Application of Constitutional Decisions | p. 1 |
Retroactivity | p. 1 |
Current Supreme Court Approach to Retroactivity | p. 1 |
Whorton u. Bockting | p. 1 |
Danforth u. Minnesota | p. 7 |
Searches and Seizures of Persons and Things | p. 17 |
To apply or not apply the Warrant Clause | p. 17 |
Arrests in Public and in the Home | p. 17 |
The Constitutional Rule: Arrests in Public | p. 17 |
Scott v. Harris | p. 17 |
Stop and Frisk | p. 24 |
Stop and Frisk Established | p. 24 |
When does a Seizure Occur? The Line Between "Stop" and "Encounter" | p. 29 |
Brendlin v. California | p. 29 |
Search Incident to Arrest: The Arrest Power Rule | p. 34 |
The Arrest Power Rule Applied to Automobiles | p. 34 |
Arizona v. Gant | p. 35 |
The Arrest Power Rule Where the Arrest ViolatesState Law | p. 49 |
Virginia v. Moore | p. 49 |
Administrative Searches and Other Searches Based on "Special needs" | p. 54 |
Searches and Seizures of Individuals Pursuant to "Special Needs" | p. 54 |
Searches and Seizures on the Basis of Reasonable Suspicion rather Than Probable Cause | p. 54 |
Safford Unified School District #1 v. Redding | p. 54 |
Remedies for Fourth Amendment Violations | p. 69 |
The Exclusionary Rule in Detail: Procedures, Scope and Problems | p. 69 |
The Good Faith Exception and Warrantless Searches | p. 69 |
Herring v. United States | p. 69 |
Self-incrimination and Confessions | p. 80 |
Fifth Amendment Limitations on Confessions | p. 80 |
Non-constitutional Protection Supplementing Miranda: The Right to Prompt Presentment to a Magistrate | p. 80 |
Corley v. United States | p. 81 |
Confessions and the Sixth Amendment Right to Counsel | p. 88 |
Obtaining Information From Formally Charged Defendants | p. 88 |
Waiver of Sixth Amendment Protections | p. 89 |
Montejo v. Louisiana | p. 89 |
Note on the Consequences of the Court's Opinion in Montejo | p. 101 |
Discovery | p. 102 |
The Prosecutor's Constitutional Duty to Disclose | p. 102 |
Does the Brady Duty Extend to Post-Trial Proceedings? | p. 102 |
Trial and Trial-Related Rights | p. 105 |
The Right to a Speedy Trial | p. 105 |
Assessing Speedy Trial Claims | p. 105 |
Constitutionally Based Proof Requirements | p. 106 |
The Scope of the Reasonable Doubt Requirement: What Is an Element of the Crime? | p. 106 |
Element of the Crime or a Sentencing Factor? | p. 106 |
Cunningham v. California | p. 106 |
Oregon v. Ice | p. 120 |
Trial By Jury | p. 127 |
What the Jury Decides | p. 127 |
Jury Selection and Composition | p. 128 |
Challenges for Cause | p. 128 |
Jurors Who Cannot Be Challenged for Cause | p. 128 |
The Use of Peremptory Challenges | p. 131 |
Snyder v. Louisiana | p. 131 |
The Right to Effective Assistance of Counsel | p. 136 |
Ineffectiveness and Prejudice | p. 136 |
Assessing Counsel's Effectiveness | p. 136 |
Schriro v. Landrigan | p. 138 |
Per Se Ineffectiveness and Prejudice | p. 151 |
Self-Representation | p. 154 |
The Constitutional Right | p. 154 |
Indiana v. Edwards | p. 154 |
No Right to Criminal Trial or Counsel: The Status of Enemy Combatants After September 11, 2001 | p. 162 |
Boumediene v. United States | p. 162 |
Sentencing | p. 196 |
Introduction | p. 196 |
Constitutional Limitations on Punishment | p. 196 |
Sentencing Enhancements, the Right to Jury Trial, and the Right to Due Process | p. 196 |
Guidelines Sentencing | p. 197 |
Supreme Court Construction of the Federal Sentencing Guidelines | p. 197 |
Application of Advisory Guidelines after Booker | p. 197 |
Rita v. United States | p. 197 |
Gall v. United States | p. 217 |
Kimbrough v. United States | p. 231 |
Sentencing Developments in the States | p. 243 |
Sentencing Procedures | p. 244 |
General Procedures | p. 244 |
Double Jeopardy | p. 246 |
Collateral Estoppel | p. 246 |
Yeager v. United States | p. 246 |
Post-Conviction Challenges | p. 255 |
Grounds for Direct Attacks on a Conviction | p. 255 |
Newly Discovered Evidence Claims | p. 255 |
The Effect of an Error on the Verdict | p. 259 |
Harmless Error | p. 259 |
Plain Error | p. 260 |
Collateral Attack | p. 263 |
Remedies Generally | p. 263 |
Habeas Corpus | p. 263 |
Limitations on Obtaining Habeas Relief | p. 263 |
Limitations on Obtaining a Hearing | p. 263 |
Harmless Error in Habeas Corpus Cases | p. 265 |
Limitations on Habeas Relief When It Impacts Interests of a Foreign Sovereign | p. 266 |
Munaf v. Geren | p. 267 |
The Federal Rules of Criminal Procedure | |
Applicability | p. 277 |
Preliminary Proceedings | p. 279 |
The Grand Jury, the Indictment, and the Information | p. 284 |
Arraignment and Preparation for Trial | p. 290 |
Venue | p. 307 |
Trial | p. 308 |
Post-Conviction Procedures | p. 314 |
Supplementary And Special Proceedings | p. 327 |
General Provisions | p. 333 |
Table of Contents provided by Ingram. All Rights Reserved. |
The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.
The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.