Comprehensive Criminal Procedure 2009 Case Supplement

by Allen, Ronald Jay

• ISBN13: 9780735579941
• ISBN10: 0735579946
• Format: Paperback
• Copyright: 2009-08-19
• Publisher: Wolters Kluwer

Summary

To ensure that you have the most up-to-date and complete materials for your Criminal Procedure class, be sure to use Comprehensive Criminal Procedure, 2009 Case Supplement. Case coverage includes: Arizona v. Gant Arizona v. Johnson District Attorney's Office For The Third Judicial District v. Osborne Herring v. United States Kansas v. Ventris Knowles v. Mirzayance Melendez-Diaz v. Massachusetts Montejo v. Louisiana Oregon v. Ice Rivera v. Illinois Vermont v. Brillon

Table of Contents

Tables of Cases	p. xiii
The Criminal Process
The Idea of Due Process	p. 3
The Residual Due Process Clause	p. 3
Hamdi v. Rumsfeld	p. 3
Notes and Questions	p. 21
The Right to Counsel-the Linchpin of Constitutional Protection
The Right to Counsel and Other Assistance	p. 27
The Constitutional Requirements	p. 27
Further Emanations of the Right to Counsel-Counsel on Appeal and Other Forms of Assistance	p. 27
Critical Stages of the Proceedings	p. 28
Effective Assistance of Counsel	p. 29
The Meaning of Effective Assistance	p. 29
Romphilla v. Beard	p. 29
Notes and Questions	p. 42
Note on Ineffective Assistance, Habeas Corpus, and the Death Penalty	p. 43
Some Implications of the Right to Counsel	p. 46
The Right to Proceed Pro Se	p. 46
The Right to Counsel of One's Choice	p. 50
United States v. Gonzalez-Lopez	p. 50
Notes and Questions	p. 60
The Right to be Let Alone-An Examination of the Fourth and Fifth Amendments and Related Areas
The Fourth Amendment	p. 65
The Scope of the Fourth Amendment	p. 65
The Meaning of "Searches"	p. 65
The Relationship Between Privacy and Property	p. 65
Illinois v. Caballes	p. 65
Notex and Questions	p. 73
Privacy and Technology	p. 74
To Whom Does the Fourth Amendment Apply?	p. 76
Probable Cause and Warrants	p. 77
The Probable Cause Standard	p. 77
The Warrants "Requirement"	p. 80
United States v. Grubbs	p. 80
Notes and Questions	p. 86
Muehler v. Mena	p. 88
Notes and Questions	p. 97
"Exceptions" to the Warrant "Requirement"	p. 100
Exigent Circumstances	p. 100
Brigham City v. Stuart	p. 100
Notes on Punitive and Protective Policing	p. 105
Searches Incident to Arrest	p. 108
Arizona v. Gant	p. 108
Notes and Questions	p. 119
Virginia v. Moore	p. 120
Notes and Questions	p. 127
Reasonableness	p. 128
Stops and Frisks	p. 128
"Special Needs"	p. 129
Non-Police Searches	p. 129
Reasonableness and Police Use of Force	p. 132
Scott v. Harris	p. 132
Notes and Questions	p. 142
Consent Searches	p. 144
Georgia v. Randolph	p. 145
Notes and Questions	p. 160
Remedies	p. 162
Limits on the Exclusionary Remedy	p. 162
The "Good Faith" Exception	p. 162
Herring v. United States	p. 162
Notes and Questions	p. 168
"Fruit of the Poisonous Tree" Doctrine	p. 169
Hudson v. Michigan	p. 170
Notes and Questions	p. 184
The Fifth Amendment	p. 187
The Contours of the Privilege Against Self-Incrimination	p. 187
"No PersonsàShall Be Compelled": The Meaning of Compulsion	p. 187
Police Interrogation	p. 188
Police Interrogation and the Miranda Revolution	p. 188
The Right to Counsel Reconsidered	p. 190
Investigating Complex Crimes	p. 195
Electronic Surveillance and the Search of Electronic Data	p. 195
Wiretapping and Related Electronic Surveillance	p. 195
Grand Jury Secrecy	p. 195
Law Enforcement and Counterterrorism	p. 199
The Adjudication Process
The Charging Decision	p. 211
Prosecutorial Discretion	p. 211
Enforcement Discretion for Low-Level Crimes	p. 211
Bail, Detention, and the Right to a Speedy Trial	p. 213
The Right to a Speedy Trial	p. 213
Guilty Pleas and Plea Bargaining	p. 215
Guilty Pleas as a Substitute for Trials	p. 215
The Plea Process	p. 215
Discovery and Disclosure
Disclosure by the Government	p. 217
The Prosecutor's Constitutional Disclosure Obligations	p. 217
United States v. Ruiz	p. 218
Notes and Questions	p. 223
The Jury and the Criminal Trial	p. 227
Jury Composition	p. 227
Miller-El v. Dretke	p. 230
The Defendant's Rights to Be Present, to Testify, to Obtain Evidence, to Confront His Accusers, and to Present a Defense at Trial	p. 255
Davis v. Washington	p. 256
Notes and Questions	p. 273
Criminal Trials and Factual Accuracy	p. 279
Alternatives to the Traditional Criminal Trial-The Proposed Special Military Tribunal	p. 281
Posttrial Proceedings
Sentencing	p. 285
Introduction to Sentencing	p. 285
.Substantive Limits on Sentencing-Eighth Amendment Proportionality	p. 285
Roper v. Simmons	p. 286
Notes and Questions	p. 308
Do the Rules of Constitutional Criminal Procedure Apply to Sentencing?	p. 309
Gall v. United States	p. 309
Notes and Questions	p. 324
Double Jeopardy	p. 329
"Twice Put in Jeopardy"	p. 329
Acquittals	p. 329
Smith v. Massachusetts	p. 329
Notes and Questions	p. 338
Appellate and Collateral Review	p. 341
Appellate Review	p. 341
Prejudice and Harmless Error	p. 341
Collateral Review	p. 341
The Nature and Purposes of Federal Habeas	p. 341
Selected Statutes and Rules	p. 343
Federal Rules of Criminal Procedure	p. 343
The Grand Jury	p. 343
Joinder of Offenses or Defendants	p. 348
Pleas	p. 348
Relief from Prejudicial Joinder	p. 352
Discovery and Inspection	p. 352
Producing a Witness's Statement	p. 356
Search and Seizure	p. 357
right to and Appointment of Counsel	p. 361
Harmless and Plain Error	p. 362
Bail Reform Act of 1984 (as amended)	p. 362
18 U.S.C.   3141-3150	p. 362
Speedy Trial Act of 1974 (as amended)	p. 375
18 U.S.C.   3161, 3162, 3164, 3173	p. 375
Criminal Appeals Act of 1970 (as amended)	p. 383
18 U.S.C.  3731	p. 383
Habeas Corpus Act of 1867 (as amended by Antiterrorism and Effective Death Penalty Act of 1996)	p. 384
28 U.S.C.   2241-2244, 2253-2254	p. 384
Collateral Review for Federal Prisoners	p. 391
28 U.S.C.  2255	p. 391
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