Comprehensive Criminal Procedure 2010 Case Supplement

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  • Edition: 2nd
  • Format: Paperback
  • Copyright: 2010-08-17
  • Publisher: Wolters Kluwer
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Table of Contents

Table of Casesp. xiii
The Criminal Process
The Idea of Due Processp. 3
The Residual Due Process Clausep. 3
Hamdi v. Rumsfeldp. 3
Notes and Questionsp. 21
The Right to Counsel-The Linchpin of Constitutional Protection
The Right to Counsel and Other Assistancep. 27
The Constitutional Requirementsp. 27
Further Emanations of the Right to Counsel - Counsel on Appeal and Other Forms of Assistancep. 27
Critical Stages of the Proceedingsp. 28
Effective Assistance of Counselp. 29
The Meaning of Effective Assistancep. 29
Rompilla v. Beardp. 30
Notes and Questionsp. 42
Note on Ineffective Assistance, Habeas Corpus, and the Death Penaltyp. 44
Some Implications of the Right to Counselp. 46
The Right to Proceed Pro Sep. 46
The Right to Counsel of One's Choicep. 50
United States v. Gonzalez-Lopezp. 51
Notes and Questionsp. 60
The Right to be Let Alone-An Examination of the Fourth and Fifth Amendments and Related Areas
The Fourth Amendmentp. 65
The Scope of the Fourth Amendmentp. 65
The Meaning of "Searches"p. 65
The Relationship Between Privacy and Propertyp. 65
Illinois v. Caballesp. 65
Notes and Questionsp. 73
Privacy and Technologyp. 74
To Whom Does the Fourth Amendment Apply?p. 76
Probable Cause and Warrantsp. 77
The Probable Cause Standardp. 77
The Warrant "Requirement"p. 80
United States v. Grubbsp. 80
Notes and Questionsp. 86
Muehler v. Menap. 88
Notes and Questionsp. 97
"Exceptions" to the Warrant "Requirement"p. 100
Exigent Circumstancesp. 100
Brigham City v. Stuartp. 100
Notes on Punitive and Protective Policingp. 105
Searches Incident to Arrestp. 108
Arizona v. Gantp. 108
Notes and Questionsp. 119
Virginia v. Moorep. 120
Notes and Questionsp. 127
Reasonablenessp. 128
Stops and Frisksp. 128
"Special Needs"p. 129
Non-Police Searchesp. 129
Reasonableness and Police Use of Forcep. 133
Scott v. Harrisp. 134
Notes and Questionsp. 144
Consent Searchesp. 146
Georgia v. Randolphp. 146
Notes and Questionsp. 162
Remediesp. 163
Limits on the Exclusionary Remedyp. 163
The "Good Faith" Exceptionp. 163
Herring v. United Statesp. 164
Notes and Questionsp. 170
"Fruit of the Poisonous Tree" Doctrinep. 171
Hudson v. Michiganp. 171
Notes and Questionsp. 185
The Fifth Amendment
The Contours of the Privilege Against Self-Incriminationp. 189
"No Person ... Shall Be Compelled": The Meaning of Compulsionp. 189
Police Interrogationp. 190
Police Interrogation and the Miranda Revolutionp. 190
The Scope of Mirandap. 192
What Constitutes a Valid Miranda Waiver?p. 192
The Right to Counsel Reconsideredp. 202
Investigating Complex Crimesp. 207
Electronic Surveillance and the Search of Electronic Datap. 207
Wiretapping and Related Electronic Surveillancep. 207
Grand Jury Secrecyp. 207
Law Enforcement and Counterterrorismp. 211
The Adjudication Process
The Charging Decisionp. 217
Prosecutorial Discretionp. 217
Enforcement Discretion for Low-Level Crimesp. 217
Bail, Detention, and the Right to a Speedy Trialp. 219
The Right to a Speedy Trialp. 219
Guilty Pleas and Plea Bargainingp. 223
Guilty Pleas as a Substitute for Trialsp. 223
The Plea Processp. 223
Discovery and Disclosurep. 225
Disclosure by the Governmentp. 225
The Prosecutor's Constitutional Disclosure Obligationsp. 225
United States v. Ruizp. 226
Notes and Questionsp. 231
The Jury and the Criminal Trialp. 235
Jury Compositionp. 235
Miller-El v. Dretkep. 238
Influences upon the Juryp. 263
Publicityp. 263
Skilling v. United Statesp. 263
Notes and Questionsp. 287
The Defendant's Rights to Be Present, to Testify, to Obtain Evidence, to Confront His Accusers, and to Present a Defense at Trialp. 289
Davis v. Washingtonp. 290
Notes and Questionsp. 306
Criminal Trials and Factual Accuracyp. 312
Alternatives to the Traditional Criminal Trial-The Proposed Special Military Tribunalp. 315
Posttrial Proceedings
Sentencingp. 319
Introduction to Sentencingp. 319
Substantive Limits on Sentencing-Eighth Amendment Proportionalityp. 319
Roper v. Simmonsp. 320
Notes and Questionsp. 342
Do the Rules of Constitutional Criminal Procedure Apply to Sentencing?p. 344
Gall v. United Statesp. 344
Notes and Questionsp. 359
Double Jeopardyp. 363
"Twice Put in Jeopardy"p. 363
Acquittalsp. 363
Smith v. Massachusettsp. 363
Notes and Questionsp. 372
Appellate and Collateral Reviewp. 375
Appellate Reviewp. 375
Prejudice and Harmless Errorp. 375
Collateral Reviewp. 375
The Nature and Purposes of Federal Habeasp. 375
Selected Statutes and Rulesp. 377
Federal Rules of Criminal Procedurep. 377
The Grand Juryp. 377
Joinder of Offenses or Defendantsp. 382
Pleasp. 382
Relief from Prejudicial Joinderp. 386
Discovery and Inspectionp. 386
Producing a Witness's Statementp. 390
Search and Seizurep. 391
Right to and Appointment of Counselp. 395
Harmless and Plain Errorp. 396
Bail Reform Act of 1984 (as amended)p. 396
18 U.S.C. $$ 3141-3150p. 396
Speedy Trial Act of 1974 (as amended)p. 409
18 U.S.C. $$3161, 3162, 3164, 3173p. 409
Criminal Appeals Act of 1970 (as amended)p. 417
18 U.S.C. $3731p. 417
Habeas Corpus Act of 1867 (as amended by Antiterrorism and Effective Death Penalty Act of 1996)p. 418
28 U.S.C. $$2241-2244, 2253-2254p. 418
Collateral Review for Federal Prisonersp. 425
28 U.S.C. $2255p. 425
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