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Comprehensive Criminal Procedure in Focus provides today’s law students with a thorough understanding of criminal procedure. Using an innovative approach to teaching the law, its pedagogical features not only facilitate the mastery of complex legal concepts but also provide hands-on exercises that give students the tools they need to succeed.
The book is divided into three parts. Part I provides a general introduction to the world of criminal procedure. Chapter 1 sets the stage by explaining the differences between substantive criminal law and criminal procedure as well as the differences between the investigative and adjudicative stages of the criminal justice process. Chapter 2 focuses on the sources of criminal procedure law.
Part II of the text begins our study of investigative criminal procedure. Chapters 3 to 6 each focus on a specific aspect of Fourth Amendment jurisprudence. Chapter 7 focuses on three separate aspects of interrogation law, and Chapter 8 addresses eyewitness identifications.
The study of adjudicative criminal procedure begins in Part III. Chapters 9 and 10 discuss charging decisions and pretrial release, respectively. Chapter 11 explores two concepts related to case screening. Chapter 12 covers the right to counsel, including the right to effective assistance of counsel in the criminal justice system. Chapter 13 focuses on the defendant's and the prosecution's right to discovery. Chapter 14 covers three specific types of issues commonly argued in pre-trial motions. In chapter 15 the text addresses guilty pleas and the plea-bargaining process. Chapter 16 explores several aspects of the criminal trial, Chapter 17 addresses sentencing law, and Chapter 18 covers the right against Double Jeopardy. The study of adjudicative criminal procedure concludes with the right to appeal and seek collateral review in Chapter 19.
Professors and students will benefit from:
● Focus titles use author-written text to explain doctrine, openly and clearly. Many criminal procedure issues lend themselves to not only doctrinal discussion of the law, but also to broader policy-oriented topics. Berger takes a balanced approach that allows professors to choose which policy issues to cover in class.
● Thoughtfully selected cases, framed by introductory questions and post-case analysis, teach students key concepts.
● Real Life Applications, Applying the Rules, and Criminal Procedure in Practice hypotheticals, frequently based on real cases, provide opportunities for critical analysis and application of concepts covered in the chapters.
● The text efficiently, and thoroughly, covers a wide range of criminal procedure topics, from the start of an investigation through sentencing, and even appeal.
● By having students think about the rule of the law from the perspective of different actors in the criminal justice system, Berger makes doctrine come to life. Problems posed throughout the text ask students to explore doctrinal questions from the perspective of judges, prosecutors, defense attorneys, criminal defendants and victims.
● Where helpful, the text integrates different doctrinal subjects, with frequent and helpful cross-referencing between pages and chapters.
