Constitutional Law

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  • Edition: 13th
  • Format: Paperback
  • Copyright: 2012-04-25
  • Publisher: ANDERSON

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An incomparably clear and contemporary introduction to the field, Constitutional Law decodes the "legalese," simplifies jurisprudence, and examines those specific provisions that govern the day-to-day work of criminal justice personnel while protecting the individual rights of whom they serve. Part one's highly organized sequencing and structure explains legal concepts and principles in digestible sections, breaking complex ideas down into parts and making them easier to swallow. The first chapter summarizes the organization and content of the Constitution, providing an overview of our judicial system and how cases reach the Supreme Court. The next five chapters provide in-depth coverage of constitutional restrictions on police authority to detain, arrest, use force, search for and seize evidence, engage in technologically assisted surveillance, interrogate suspects, and obtain confessions. The next three chapters cover the Fifth Amendment privilege against compulsory self-incrimination, the Fourth Amendment defense against highly intrusive bodily searches, Due Process requirements for witness identification procedures, a criminal defendant's right to counsel, and the constitutional safeguards applicable during the trial and punishment phases of a criminal case. The final chapter covers the constitutional and other legal protections criminal justice professionals enjoy in their capacity as employees, as well as their civil liability for violating the constitutional rights of others. The second part of the book contains approximately 200 pages of summarized cases which have been newly edited to ensure accessibility. These cases are specifically mapped to individual chapter topics to help you learn the doctrines and methods of constitutional argument, as well as how these can applied in a variety of prospective scenarios. * Updated with current constitutional decisions and precedents that reflect those issues of most concern to criminal justice professionals. * Each chapter begins with a outline, concludes with a summary, and includes boxed key terms and concepts. * A highly organized structure explains legal concepts and principles in digestible sections, breaking complex ideas down into parts and making them easier to swallow. * Part II contains briefs of judicial decisions related to the topics covered in the text that help the reader learn the doctrines and methods of constitutional argument, as well as how these can applied in hypothetical situations.

Author Biography

Jacqueline Kanovitz is Emeritus Professor of the Brandeis School of Law where she taught for thirty years and served as Associate Dean for Student Affairs.

Table of Contents

Prefacep. xi
About the Authorp. xiii
Case Citation Guidep. xv
Sample Case Citationsp. xvii
Tables of casesp. xix
History, Structure, and Content of the United States Constitutionp. 3
History of the United States Constitutionp. 5
-Early Steps Toward National Unityp. 5
-Articles of Confederationp. 5
-Drafting the United States Constitutionp. 6
-Ratification by the Statesp. 6
-Structure and Content of the Constitutionp. 7
-Separation of the Powers of the National Governmentp. 9
-Division of Power between the National Government and the Statesp. 10
-Powers Granted to the Federal Governmentp. 12
-Powers the States Are Forbidden to Exercisep. 17
-Sovereign Powers Retained by the Statesp. 19
The Bill of Rightsp. 21
-Applying the Bill of Rights to the States Through the Fourteenth Amendmentp. 24
The Fourteenth Amendment as a Limitation on State Powerp. 25
-Due Process of Lawp. 26
-Equal Protection of the Lawsp. 31
Adjudication of Constitutional Questionsp. 36
Federal Remedies for Constitutional Abusesp. 38
Summaryp. 39
Freedom of Speechp. 41
Historical Backgroundp. 43
Overview of Constitutional Protection for Speech and Expressive Conductp. 44
Is Speech Involved?p. 47
First Amendment Distinction between a Speaker's Message and the Conduct Associated with Communicating Itp. 48
Punishing Speech Because of the Messagep. 50
-Obscenity and Child Pornographyp. 52
-Fighting Wordsp. 56
-Threatsp. 58
-Incitement to Immediate Illegal Actionp. 59
-Hate Speechp. 64
-Crude and Vulgar Speechp. 65
-Commercial Speechp. 67
Restraints on Speech Based on Considerations Other Than the Messagep. 67
Free Speech Access to Government Property: Public Forums and Nonpublic Forumsp. 68
-Protecting the Community from Nuisances Linked to Speechp. 73
-Free Speech Access to Private Propertyp. 79
-Need for Precision in Regulating Speechp. 80
Summaryp. 83
Authority to Detain and Arrest; Use of Forcep. 87
Introductionp. 89
Overview of the Fourth Amendmentp. 90
Crossing the Boundary of the Fourth Amendmentp. 93
-"Free Zone" for Investigative Workp. 94
-"Seizure" Definedp. 95
-Fourth Amendment Grounds for a Lawful Seizurep. 99
Investigatory Stopsp. 103
-Reasonable Suspicionp. 107
-Scope and Duration of Investigatory Stopsp. 116
Traffic and Vehicle Stopsp. 124
-Pretextual Traffic Stopsp. 126
Requirements for a Constitutional Arrestp. 135
-Probable Causep. 139
-Requirements for a Valid Arrest Warrantp. 141
-Arrests Inside a Private Residencep. 148
Use of Force in Making an Arrest or Other Seizurep. 152
State Arrest Lawsp. 156
-Territorial Limits on a Police Officer's Arrest Authorityp. 159
Summary and Practical Suggestionsp. 161
Search and Seizurep. 163
Overview of the Law of Search and Seizurep. 165
Analysis of the Investigationp. 168
-Definition of a Searchp. 171
-Sources of Search Authorityp. 178
-Fourth Amendment Requirements for Seizing Propertyp. 187
-The Fourth Amendment Search Warrantp. 198
Searches Involving People and Personal Effectsp. 204
-The Terry Search Revisitedp. 206
-Search Following a Custodial Arrestp. 209
Vehicle Searchesp. 216
-Search of Vehicles Pursuant to a Detention or Arrestp. 218
-Search of Vehicles Based on Probable Cause ("Automobile Exception")p. 226
-Inventory Searches of Impounded Vehiclesp. 230
Search of Protected Premisesp. 232
-Premises Protected by the Fourth Amendmentp. 234
-Entry and Search of Premises Under a Warrantp. 238
-Entry and Search of Premises Without a Warrantp. 243
The Exclusionary Rulep. 250
Summary and Practical Suggestionsp. 258
Laws Governing Police Surveillancep. 261
Introduction to the Laws Governing Police Surveillancep. 263
Fourth Amendment Foundation of Police Surveillance Law: The Katz Standardp. 264
Application of the Katz Standard to Non-assisted Surveillancep. 266
Application of the Katz Standard to Technologically Assisted Surveillance: An Overviewp. 271
-Electronic Trackingp. 275
-Video Surveillancep. 281
-Detection Devicesp. 285
The Wiretap Actp. 290
-Scope of the Wiretap Actp. 292
-Procedural Requirements for Intercepting Protected Communicationsp. 295
Communication Surveillance Not Regulated by the Wiretap Actp. 301
-Listening with the Unaided Earp. 301
-Interception of an Oral Communication Where the Target Lacks a Reasonable Expectation of Freedom from Interceptionp. 302
-Interception Conducted with the Consent of a Partyp. 304
-E-mail, Voice Mail, and Text Messagesp. 305
-Pen Registers and Trap-and-Trace Devicesp. 307
Foreign Intelligence Surveillance Actp. 308
Summary and Practical Suggestionsp. 311
Interrogations and Confessionsp. 313
Introductionp. 315
The Free and Voluntary Rulep. 319
The Fourth Amendment Exclusionary Rulep. 323
Overview of the Rules Governing Custodial Interrogationp. 326
The McNabb-Mallory Delay in Arraignment Rulep. 327
Protection for the Fifth Amendment Privilege Against Self-incrimination During Police Interrogations: The Miranda Rulep. 330
-Custodial Interrogation Definedp. 332
-Procedural Requirements for Custodial Interrogations: Miranda Warnings and Waiversp. 340
The Sixth Amendment Right to Counsel During Interrogations Conducted After the Commencement of Adversary Judicial Proceedingsp. 348
Use of Inadmissible Confession for Impeachmentp. 353
Restrictions on the Use of Derivative Evidencep. 355
Restrictions on the Use of Confessions Given by Accomplicesp. 357
The Requirement of Corroboration of Valid Confessionsp. 358
Summary and Practical Suggestionsp. 359
Compulsory Self-incriminationp. 363
Introductionp. 355
Fifth Amendment Protection Against Testimonial Self-Incriminationp. 368
-Prerequisites for Application of the Fifth Amendmentp. 369
-Rules for Invoking and Waiving Fifth Amendment Protectionp. 373
-Protection Against Adverse Consequences from Exercising the Privilege Against Self-incriminationp. 375
-Self-Reporting Laws and the Fifth Amendmentp. 376
Fourth Amendment Protection Against Bodily Self-incriminationp. 377
--Requirements for Appearance Evidencep. 378
-Requirements for Bodily Evidencep. 381
-Necessity of a Search Warrant to Explore for Bodily Evidencep. 384
-Strip Searches and Manual Body Cavity Searchesp. 387
Summary and Practical Suggestionsp. 391
Right to Counselp. 395
Overview of the Sixth Amendment Right to Counselp. 397
-The Indigent Person's Right to Appointed Counselp. 398
-The Right to Assistance of Counsel in Pre- and Post-Trial Proceedings: Critical Stages of the Prosecution and Criminal Appealsp. 401
-The Defendant's Right to Self-Representationp. 403
-Ineffective Assistance of Counselp. 404
Sixth Amendment Restrictions on the Conduct of the Policep. 406
Pretrial Identification Proceduresp. 409
-Fourth Amendment Limitations on Admission of Pretrial Identification Testimonyp. 411
-Due Process Requirements for Pretrial Identification Proceduresp. 412
-Right to Counsel During Pretrial Identification Proceduresp. 418
Summary and Practical Suggestionsp. 419
Trial and Punishmentp. 421
Overview of Constitutional Safeguards During the Trial and Punishment Phases of a Criminal Casep. 423
The Fifth Amendment Double Jeopardy Prohibitionp. 424
-Prohibition of Multiple Prosecutions for the Same Offensep. 425
-Prohibition of Multiple Punishments for the Same Offensep. 430
Sixth Amendment and Due Process Requirements for Fair Trialsp. 432
-Speedy Trialp. 432
-Public Trialp. 437
-Confrontation of Adverse Witnessesp. 438
-Fair and Impartial Tribunalp. 439
-Pretrial Publicityp. 441
-Trial by Juryp. 448
-Preservation and Disclosure of Evidence Favorable to the Defensep. 454
Eighth Amendment Requirements for Punishmentp. 460
-Constitutionally Acceptable Punishmentsp. 460
-The Death Penaltyp. 462
-Eighth Amendment Protection Inside Prison Wallsp. 467
Summary and Practical Suggestionsp. 470
Constitutional Rights and Liabilities in the Workplacep. 473
Introductionp. 475
First Amendment Protection for Work-Related Speechp. 475
Fourth Amendment Protection Against Workplace Searchesp. 486
Fifth Amendment Protection Against Self-Incriminationp. 494
Fourteenth Amendment Protection for a Police Officer's Personal Libertyp. 496
Procedural Due Process in Police Disciplinary Actionsp. 500
Employment Discrimination Based on Race, Color, Religion, Gender, or National Originp. 502
Equal Protection in the Police Workplacep. 508
Constitutional Accountability Under Federal Lawp. 511
Summaryp. 516
Judicial Decisions and Statutes Relating To Part Ip. 519
Glossaryp. 709
Appendixp. 719
Index of Casesp. 737
Indexp. 787
Table of Contents provided by Ingram. All Rights Reserved.

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