Constitutional Law for the Criminal Justice Professional

by Franklin; Carl J.

• ISBN13: 9780849311550
• ISBN10: 0849311551
• Edition: 1st
• Format: Hardcover
• Copyright: 1999-03-16
• Publisher: CRC Press

Summary

Written in a simple, straightforward manner, this book will help today's criminal justice student better understand con law issues as well as the complicated development of constitutional rights and law. In its simple, easy to understand format, this book is a must for both current criminal justice professionals and students studying to enter the profession.Constitutional Law for the Criminal Justice Professional covers search and seizure, arrest and civil rights as well as the judiciary, first amendment, due process and the judicial system. By an author with more than ten years experience as a police officer, another seven years as an attorney (both prosecuting and defending criminal cases), and more than seven years teaching law, this book is a valuable source of knowledge and understanding. It helps today's criminal justice student and professional be better prepared for tomorrow's needs.

Table of Contents

Section One: Introduction to Constitutional Law
Why is the Constitution So Important?
Foundations of the Term ``Constitution''	3	(1)
Development of the Term	3	(1)
The Constitution as a Paradigm	4	(3)
A Brief History of the U.S. Constitution
The Idea of a Constitution	7	(3)
The English Charters	7	(2)
The Colonial Charters	9	(1)
Americans and the Revolution	10	(2)
The New Government	12	(3)
The Articles of Confederation	12	(1)
The Post-War Rebellions	13	(2)
The Early Conventions	15	(2)
The Philadelphia Convention	17	(6)
Preparing for the Convention	17	(1)
The Beginning of the Convention	17	(2)
The Virginia Plan	19	(1)
The Pinckney Plan	19	(1)
The Debates	20	(3)
The Campaign for Ratification	23	(2)
Adding the First Amendments	25	(4)
Section Two: Article III --- The Judiciary
Organization of the Courts
Creating the Federal System	29	(1)
One Supreme Court	30	(2)
The Inferior Courts	32	(3)
Creation of the Courts	32	(1)
Abolition of Courts	33	(1)
Compensation of Judges	34	(1)
Courts of Specialized Jurisdiction	35	(1)
Bankruptcy Courts	35	(2)
Judicial Power
Characteristics and Attributes of Judicial Power	37	(1)
``Shall Be Vested''	38	(3)
Getting into Federal Court	38	(1)
Choosing between State and Federal Court	39	(2)
The Power of Contempt	41	(1)
Sanctions Other Than Contempt	41	(1)
Power to Issue Writs: The Act of 1789	42	(1)
Habeas Corpus: Congressional and Judicial Control	42	(1)
Habeas Corpus: The Process of the Writ	43	(2)
Judicial Review
The Establishment of Judicial Review	45	(2)
Marbury v. Madison	46	(1)
Judicial Review and National Supremacy	47	(1)
Limitations on the Exercise of Judicial Review	47	(8)
Constitutional Interpretation	47	(2)
The Doctrine of ``Strict Necessity''	49	(1)
Presumption of Constitutionality	49	(1)
Stare Decisis in Constitutional Law	50	(5)
Section Three: First Amendment---Religion and Expression
Religion: An Overview
Introduction	55	(2)
Early Work by the Founders	55	(1)
Shaping an Amendment	56	(1)
Early Challenges to the Amendment	57	(1)
``Establishment of Religion''	57	(5)
Financial Assistance to Church-Related Institutions	58	(2)
Government Encouragement of Religion in Public Schools	60	(2)
Development of Other Legal Standards	62	(2)
Government Neutrality in Religious Disputes	64	(2)
Sunday Closing Laws	66	(3)
Free Exercise of Religion	69	(8)
The Belief-Conduct Distinction	70	(1)
Government Restrictions on Conduct	71	(6)
Freedom of Expression: Speech and Press
Introduction	77	(4)
Adoption and the Common Law Background	77	(3)
Is There a Difference between Speech and Press?	80	(1)
The Doctrine of Prior Restraint	81	(1)
Injunctions and the Press in Fair Trial Cases	82	(1)
Obscenity and Prior Restraint	83	(1)
Subsequent Punishment: ``Clear and Present Danger'' and Other Tests	83	(10)
``Clear and Present Danger''	84	(2)
The Adoption of ``Clear and Present Danger''	86	(1)
``Clear and Present Danger'' Revised: The Dennis Case	87	(1)
Balancing the Speech and the Restriction	88	(1)
Other Tests and Standards	89	(1)
The Present Test	90	(3)
Rights of Assembly and Petition
Background and Development	93	(6)
Section Four: Fourth Amendment---Search and Seizure
The History and Application of the Fourth Amendment
History of the Amendment	99	(2)
Application of the Amendment	101	(8)
Search without a Warrant	101	(2)
Who is Protected under the Amendment?	103	(1)
The Interest Protected	103	(6)
Arrests and Other Detentions
What is a Seizure?	109	(1)
Detention Short of Arrest: Stop-and-Frisk	110	(5)
Searches and Seizures Pursuant to Warrant
Introduction	115	(1)
Issuance by Neutral Magistrate	115	(1)
Probable Cause	116	(2)
Particularity	118	(1)
First Amendment Bearing on Probable Cause and Particularity	118	(2)
Property Subject to Seizure	120	(3)
Execution of Warrants
Knock and Announce	123	(2)
Timeliness	125	(1)
Third Parties on the Premises	125	(2)
Warrantless Searches and Exceptions to the Warrant Requirements
Introduction	127	(1)
Search Incident to Arrest	127	(3)
Vehicular Searches	130	(2)
Vessel Searches	132	(1)
Consent Searches	133	(1)
Border Searches	134	(1)
Open Fields	135	(2)
Plain View	137	(1)
Public Schools	137	(1)
Government Offices	138	(1)
Prisons and Regulation of Probation	138	(1)
Drug Testing	139	(4)
Electronic Surveillance under the Fourth Amendment
Development of the Early Standard	143	(2)
Evolution to a Modern Standard of Judicial Scrutiny	145	(1)
Warrantless ``National Security'' Electronic Surveillance	146	(3)
Enforcing the Fourth Amendment
The Exclusionary Rule	149	(1)
The Foundations of the Exclusionary Rule	150	(1)
Narrowing Application of the Exclusionary Rule	151	(1)
Alternatives to the Exclusionary Rule	152	(5)
Section Five: Fifth Amendment---Rights of Persons
Indictment
Grand Jury
Developing a Right	157	(3)
Indictment and Infamous Crimes	160	(3)
Double Jeopardy
Development and Scope	163	(1)
Jeopardy at Pretrial Proceedings	164	(1)
Concurrent and Overlapping Jurisdictions	164	(1)
Subsequent Prosecution Following Mistrial	165	(3)
Subsequent Prosecution Following Acquittal	168	(1)
Reprosecution Following Conviction	169	(1)
Sentence Increases	170	(1)
Double Jeopardy and ``the Same Offense''	170	(2)
Two or More Victims	172	(5)
Self-Incrimination
Development and Scope	177	(1)
Application of the Privilege: Corporations and Non-Human Legal Entities	178	(1)
Application of the Privilege: Persons	178	(1)
The Power to Compel Testimony and Disclosure: Immunity	179	(2)
Required Records Doctrine	181	(2)
Confessions and Police Interrogation: Initial Application of Due Process	183	(1)
The Common-Law Rule	184	(1)
State Confession Cases	184	(7)
Self-Incrimination: From Voluntariness Standard to Miranda
Introduction	191	(1)
Miranda v. Arizona: The Case	192	(2)
Other Interpretations of Miranda	194	(3)
Assertion of the Rights and Application of the Warnings	197	(3)
Procedure in the Trial Courts	200	(5)
Due Process under the Fifth Amendment
History of the Protection	205	(1)
Scope of the Guaranty	206	(1)
Procedural Due Process	207	(1)
Substantive Due Process	208	(5)
Section Six: Sixth Amendment---Rights of Accused in Criminal Prosecutions
Speedy Public Trial
Coverage	213	(1)
Right to a Speedy and Public Trial	213	(3)
Source and Rationale	213	(1)
Application and Scope	214	(1)
When the Right is Denied	215	(1)
Public Trial	216	(3)
Right to Trial by Impartial Jury
Development of the Right	219	(1)
The Attributes of the Jury	219	(1)
Criminal Proceedings to Which the Guarantee Applies	220	(1)
Impartial Jury	221	(5)
Place of Trial: Selecting a Jury of the Vicinage	226	(3)
Right of Notification and Confrontation
Notice of Accusation	229	(1)
Confrontation	230	(3)
Compulsory Process	233	(2)
Assistance of Counsel
Development of an Absolute Right to Counsel at Trial	235	(2)
Protection of the Right to Retained Counsel	237	(1)
Effective Assistance of Counsel	238	(1)
Right to Self-Representation	238	(1)
Right to Assistance of Counsel in Nontrial Situations	239	(7)
Judicial Proceedings before Trial	239	(1)
Pre-Charge Issues: Custodial Interrogation	240	(4)
Lineups and Other Identification Situations	244	(2)
Post-Conviction Proceedings	246	(1)
Noncriminal and Investigatory Proceedings	246	(5)
Section Seven: Eighth Amendment---Further Guarantees in Criminal Cases
Excessive Bail
Introduction	251	(1)
Standards of Bail	251	(6)
Cruel and Unusual Punishments
Excessive Fines	257	(1)
Standards for Cruel and Unusual Punishment	257	(1)
Interpretation of the Amendment	258	(1)
Defining ``Cruel and Unusual Punishments''	258	(2)
Specific Issues in Capital Punishment	260	(8)
Capital Punishment for Other Offenses: Rape and Non-Murder Cases	264	(1)
Felony Murder	265	(1)
Race	266	(1)
Execution of the Insane	266	(1)
Mentally Retarded	267	(1)
Juveniles	267	(1)
Procedural Delay	268	(1)
Proportionality	269	(6)
Other Issues under the Eighth Amendment
Convictions Based on Status	275	(1)
Prisons and Punishment	276	(1)
Limitation of the Clause to Criminal Punishments	277	(4)
Section Eight: Fourteenth Amendment---Due Process and Equal Protection
Due Process of Law
The Development of Substantive Due Process	281	(2)
Police Power Defined and Limited	283	(1)
Health, Safety, and Morals	283	(4)
Procedural Due Process
Introduction	287	(1)
The Elements of Due Process: Definiteness	287	(2)
Statutory Notice	289	(1)
Entrapment	290	(1)
Criminal Identification Process	291	(1)
Initiation of the Prosecution	292	(1)
Fair Trial	292	(1)
Guilty Pleas	293	(1)
Prosecutorial Misconduct	294	(1)
Sentencing	295	(4)
Appendix A The Constitution of the United States of America	299	(12)
Appendix B Amendments to the Constitution of the United States of America	311	(10)
Case Listing	321	(4)
Index	325