Table of Cases | p. xv |
The Criminal Process | |
The Idea of Due Process | p. 3 |
The Residual Due Process Clause | p. 3 |
Note on Hamdi v. Rumsfeld | p. 3 |
The Right to Counsel--the Linchpin of Constitutional Protection | |
The Right to Counsel and Other Assistance | p. 9 |
The Constitutional Requirements | p. 9 |
The Right to the Assistance of Counsel at Trial | p. 9 |
Note on Alabama v. Shelton | p. 9 |
Effective Assistance of Counsel | p. 10 |
Developing Standards | p. 10 |
Note on Bell v. Cone | p. 10 |
Note on Wiggins v. Smith | p. 11 |
Note on Glover v. United States | p. 11 |
Multiple Representation | p. 15 |
Insert for Cuyler v. Sullivan | p. 15 |
Note on Cuyler v. Sullivan | p. 15 |
Note on United States v. Schwarz | p. 16 |
Note on Mickens v. Taylor | p. 20 |
Some Implications of the Right to Counsel | p. 24 |
The Right to Control the Lawyering Process | p. 24 |
Note on Iowa v. Tovar | p. 24 |
The Right to Be Let Alone--An Examination of the Fourth and Fifth Amendments and Related Areas | |
The Fourth Amendment | p. 27 |
The Meaning of "Searches and Seizures" | p. 27 |
"Searches" | p. 27 |
Kyllo v. United States | p. 27 |
Notes and Questions | p. 34 |
"Seizures" | p. 35 |
Note on United States v. Drayton | p. 35 |
Probable Cause and Warrants | p. 36 |
The Probable Cause Standard | p. 36 |
Note on Maryland v. Pringle | p. 36 |
The Warrant "Requirement" | p. 37 |
United States v. Banks | p. 37 |
Notes and Questions | p. 43 |
Note on the USA PATRIOT Act | p. 44 |
"Exceptions" to the Warrant "Requirement" | p. 45 |
Exigent Circumstances | p. 45 |
Illinois v. McArthur | p. 46 |
Notes and Questions | p. 51 |
Arrests | p. 52 |
Atwater v. Lago Vista | p. 52 |
Notes and Questions | p. 68 |
Searches Incident to Arrest | p. 71 |
Thornton v. United States | p. 72 |
Notes and Questions | p. 81 |
Reasonableness | p. 82 |
Reasonable Suspicion | p. 82 |
Note on Kaupp v. Texas | p. 82 |
Note on United States v. Arvizu | p. 83 |
Note on Racial Profiling after September 11 | p. 85 |
Hiibel v. Sixth District Court of Nevada | p. 87 |
Notes and Questions | p. 94 |
Alternatives to Probable Cause and Reasonable Suspicion | p. 95 |
Roadblocks | p. 95 |
Note on Illinois v. Lidster | p. 95 |
Note on United States v. Flores-Montano | p. 96 |
The Limits of the Exclusionary Rule | p. 97 |
The "Good Faith" Exception | p. 97 |
Note on Groh v. Ramirez | p. 97 |
Note on State Constitutional Law | p. 100 |
The Fourth Amendment Outside Criminal Litigation | p. 102 |
Alternatives to the Exclusionary Rule | p. 102 |
Injunctions | p. 102 |
Note on the Los Angeles consent decree | p. 102 |
Police Use of Force | p. 106 |
Footnote on Idaho v. Horiuchi | p. 106 |
Searches and Seizures by Other Government Agents | p. 106 |
Note on Board of Education v. Earls | p. 106 |
Ferguson v. Charleston | p. 109 |
Notes and Questions | p. 118 |
The Fifth Amendment | p. 121 |
The Contours of the Privilege against Self-Incrimination: Compelled Testimonial Incrimination | p. 121 |
Compulsion | p. 121 |
McKune v. Lile | p. 121 |
Notes and Questions | p. 136 |
Incrimination | p. 137 |
Hiibel v. Sixth District Court of Nevada | p. 137 |
Notes and Questions | p. 145 |
Note on Ohio v. Reiner | p. 147 |
Police Interrogation | p. 147 |
The Scope of Miranda | p. 147 |
The Right to Counsel Reconsidered | p. 147 |
Note on Texas v. Cobb | p. 147 |
Voluntariness Reconsidered | p. 148 |
Missouri v. Seibert | p. 149 |
United States v. Patane | p. 161 |
Notes and Questions | p. 166 |
Note on Chavez v. Martinez | p. 167 |
Investigating Complex Crimes | p. 169 |
Introductory Note on Terrorism | p. 169 |
Electronic Surveillance and the Search of Electronic Data | p. 170 |
Wiretapping and Related Electronic Surveillance | p. 170 |
Note on the USA PATRIOT Act | p. 170 |
The Search of Electronic Files | p. 171 |
Note on the USA PATRIOT Act | p. 171 |
Undercover Agents and Entrapment | p. 172 |
Note on FBI guidelines | p. 172 |
Grand Jury Investigations | p. 170 |
Grand Jury Secrecy | p. 170 |
Note on Rule 6 amendments | p. 171 |
Note on the USA PATRIOT Act | p. 172 |
The Adjudication Process | |
The Charging Decision | p. 175 |
Prosecutorial Discretion | p. 179 |
Enforcement Discretion for Serious Crimes | p. 179 |
Note on Prosecutorial Vindictiveness | p. 179 |
Joinder and Severance | p. 180 |
Note on Rules 8 and 14 amendments | p. 180 |
Bail, Detention, and the Right to a Speedy Trial | p. 181 |
Bail and Detention | p. 181 |
Note on Robinson, Punishing Dangerousness | p. 181 |
Note on the proposed Crime Victims Assistance Act of 2001 | p. 181 |
The Right to a Speedy Trial | p. 182 |
Note on the proposed Crime Victims Assistance Act of 2001 | p. 182 |
Guilty Pleas and Plea Bargaining | p. 183 |
Guilty Pleas as a Substitute for Trials | p. 183 |
The Plea Process | p. 183 |
Note on Rule 11 amendments | p. 183 |
Notes on Rule 11 and the Guilty Plea Process | p. 184 |
United States v. Dominguez Benitez | p. 186 |
Note on United States v. Vonn | p. 191 |
The Role of Defense Lawyers | p. 192 |
Note on Glover v. United States | p. 192 |
Note on Iowa v. Tovar | p. 193 |
Plea Bargaining | p. 194 |
Voluntariness | p. 194 |
Note on Rule 11 amendments | p. 194 |
Note on United States v. Ruiz | p. 195 |
Discovery and Disclosure | p. 197 |
Disclosure by the Government | p. 197 |
The Prosecutor's General Discovery Obligations | p. 197 |
Notes on Rule 16 amendments | p. 197 |
The Prosecutor's Constitutional Disclosure Obligations | p. 198 |
Note on United States v. Ruiz | p. 198 |
Note on Strickler v. Greene | p. 199 |
Disclosure by the Defense | p. 202 |
Defense Disclosure and the Constitution | p. 202 |
Note on Rule 16 amendments | p. 202 |
Sanctions for Defense Nondisclosure | p. 203 |
Note on Rule 16 amendments | p. 203 |
The Jury and the Criminal Trial | p. 205 |
The Right to a Trial by Jury | p. 205 |
Note on Taylor-Thompson, Empty Votes in Jury Deliberations | p. 205 |
Jury Composition | p. 205 |
Note on Benlevy, Venus and Mars in the Jury Deliberation Room | p. 205 |
Note on Miller-El v. Cockrell | p. 206 |
Note on Crawford v. Washington | p. 207 |
Proof and Verdict Issues | p. 209 |
Consistency of the Verdict; General Verdicts | p. 209 |
Note on Leipold, The Problem of the Innocent, Acquitted Defendant | p. 209 |
Alternatives to the Traditional Criminal Trial--The Proposed Special Military Tribunals | p. 210 |
Posttrial Proceedings | |
Sentencing | p. 215 |
Introduction to Sentencing | p. 215 |
Substantive Limits on Sentencing--Eighth Amendment Proportionality | p. 215 |
Note on Ewing v. California | p. 215 |
Do the Rules of Constitutional Criminal Procedure Apply to Sentencing? | p. 216 |
Note on Ring v. Arizona | p. 217 |
Note on Harris v. United States | p. 219 |
Note on Apprendi literature | p. 225 |
Blakely v. Washington | p. 225 |
Notes and Questions | p. 252 |
Double Jeopardy | p. 257 |
"For the Same Offense" | p. 257 |
Note on Thomas, Double Jeopardy: The History, the Law | p. 257 |
Double Jeopardy and the Criminal-Civil Divide | p. 257 |
Note on Seling v. Young | p. 257 |
Double Jeopardy and the "Dual Sovereignty" Doctrine | p. 259 |
Note on United States v. Lara | p. 259 |
Appellate and Collateral Review | p. 261 |
Appellate Review | p. 261 |
Plain Error | p. 261 |
Note on Olano and Rules 24(c) and 52 amendments | p. 261 |
Note on United States v. Vonn | p. 262 |
Note on United States v. Dominguez Benitez | p. 262 |
Collateral Review | p. 263 |
The Nature and Purposes of Federal Habeas | p. 263 |
Note on Hamdi v. Rumsfeld | p. 263 |
Note on Fiore v. White | p. 264 |
Note on Wiggins v. Smith | p. 264 |
Note on Yackle, Habeas: The Figure in the Carpet | p. 265 |
Cognizable Issues | p. 266 |
Note on Lackawanna County District Attorney v. Coss | p. 266 |
Selected Statutes and Rules | p. 267 |
Federal Rules of Criminal Procedure | p. 267 |
The Grand Jury | p. 267 |
Joinder of Offenses or Defendants | p. 271 |
Pleas | p. 272 |
Relief from Prejudicial Joinder | p. 274 |
Discovery and Inspection | p. 275 |
Producing a Witness's Statement | p. 278 |
Search and Seizure | p. 279 |
Right to and Appointment of Counsel | p. 283 |
Harmless and Plain Error | p. 283 |
Bail Reform Act of 1984 (as amended) | p. 283 |
18 U.S.C. [sections]3141-3150 | p. 283 |
Speedy Trial Act of 1974 (as amended) | p. 295 |
18 U.S.C. [sections]3161, 3162, 3164, 3173 | p. 295 |
Criminal Appeals Act of 1970 (as amended) | p. 303 |
18 U.S.C. [section]3731 | p. 303 |
Habeas Corpus Act of 1867 (as amended by Antiterrorism and Effective Death Penalty Act of 1996) | p. 303 |
28 U.S.C. [sections]2241-2244, 2253-2254 | p. 303 |
Collateral Review for Federal Prisoners | p. 309 |
28 U.S.C. [section]2255 | p. 309 |
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