Constitutional Law and Criminal Justice

by Roberson; Cliff

• ISBN13: 9781420086102
• ISBN10: 1420086103
• Format: Hardcover
• Copyright: 2009-02-23
• Publisher: CRC Press

Summary

Not requiring readers have a legal background for comprehension, this straightforward text examines the U.S. Constitution and its interpretation as applied to criminal justice systems and policies. Authored by a world-famous legal scholar, it brings clarity to the complicated development of constitutional law, covering such topics as search and seizure, arrest and civil rights, judiciary first amendment, and due process. Two appendices contain the Constitution and a glossary. In addition to meeting college course needs, this work provides a superior historical reference for those working with criminal justice issues. Qualifying instructors have access to an instructor's manual, test bank, and PowerPoint ® slides.  

Table of Contents

List of Illustrations	p. xv
Preface	p. xvii
The Author	p. xix
Introduction to the U.S. Constitution	p. 1
Introduction	p. 1
Original Constitution	p. 1
Bill of Rights	p. 2
First Amendment	p. 3
Second Amendment	p. 3
District of Columbia v. Heller, 2008 U.S. LEXIS 5268 (2008)	p. 4
Third Amendment	p. 9
Fourth Amendment	p. 10
Fifth Amendment	p. 10
Sixth Amendment	p. 11
Seventh Amendment	p. 11
Eighth Amendment	p. 12
Ninth Amendment	p. 12
Tenth Amendment	p. 13
Application of the Bill of Rights to State and Local Prosecutions	p. 13
Supreme Law of the Land	p. 14
Overview of the Judiciary	p. 15
State or Federal Issue	p. 16
Appellate Courts	p. 17
New York State Court of Appeals	p. 17
Necessity for Criminal Leave Application	p. 18
Article III Federal Courts	p. 18
Organization of Federal Courts	p. 18
Article III, Section 1, U.S. Constitution	p. 18
Article III, Section 2, U.S. Constitution	p. 19
Supreme Court Procedures	p. 21
Judicial Authority and Power	p. 22
Supreme Court Justices (2008-2009 Term)	p. 23
Chief Justice	p. 23
Associate Justices	p. 23
Capstone Case: United States v. Lopez, 514 U.S. 549 (1995)	p. 27
Background	p. 27
Facts of the Case	p. 29
Majority Opinion	p. 30
Concurring Opinions	p. 30
Dissents	p. 31
Subsequent Congressional Action	p. 31
Questions in Review	p. 31
The Concept of Due Process	p. 33
Introduction	p. 33
Defining Due Process	p. 33
Early History of Due Process Clause	p. 35
States and the Fourteenth Amendment	p. 36
Application of the Bill of Rights to the States	p. 38
Due Process beyond the Bill of Rights	p. 43
Facts	p. 43
Court's Opinion	p. 44
Procedural Due Process	p. 45
Substantive Due Process	p. 45
Police Power	p. 46
Vagueness	p. 46
Equal Protection of the Law	p. 48
Capstone Case: Medina v. California, 505 U.S. 437 (1992)	p. 49
Questions in Review	p. 51
Fourth Amendment	p. 53
History	p. 53
Overview of the Amendment	p. 53
What Constitutes a Search?	p. 54
Reasonable Expectation of Privacy	p. 56
Plain View	p. 57
Government Intrusion	p. 59
Protected Areas	p. 66
Probable Cause	p. 69
Warrants	p. 73
Sufficiency of the Affidavit	p. 73
Mistakes in the Place to Be Searched	p. 74
Using Informants to Establish Probable Cause	p. 77
Arrests	p. 82
Capstone Case: Atwater v. City of Lago Vista, 149 L. Ed. 2d 549 (2001)	p. 84
Questions in Review	p. 85
Fourth Amendment Issues	p. 87
Introduction	p. 87
Searches without Warrants	p. 87
With Probable Cause	p. 87
Probable Cause Not Needed	p. 89
Searches Incident to Arrest	p. 89
Searches of Probationers and Parolees	p. 92
No Reasonable Expection of Privacy Situations	p. 94
Consent Searches	p. 94
Open Fields	p. 95
Plain View	p. 96
Abandoned of Property	p. 98
Aerial Observations	p. 100
Student Searches	p. 101
Arrests without Warrants	p. 104
Selected Court Cases on Arrests	p. 105
Terry Stops	p. 105
Selected Court Cases on Terry Stops	p. 108
Traffic Stops	p. 109
Scope of the Search	p. 111
Search of a Residence	p. 111
Search of Students	p. 111
Vehicle Searches	p. 112
Wiretaps	p. 112
Cellular Telephones	p. 114
Capstone Case: Virginia v. Moore, 128 S. Ct. 1598 (2008)	p. 115
Questions in Review	p. 117
Exclusionary Rule	p. 119
Introduction	p. 119
Mapp v. Ohio	p. 119
Brief History of the Rule	p. 121
Standing to Object	p. 121
Fruit of the Poisonous Tree	p. 124
Exceptions to the Rule	p. 125
Good Faith Exception	p. 125
Purged Taint	p. 126
Independent Source	p. 127
Inevitable Discovery	p. 127
Impeachment of Defendant	p. 128
Noncriminal Trial Proceedings	p. 130
Civil Tax Proceedings	p. 130
Quasi-Criminal Proceedings	p. 131
Deportation Hearings	p. 131
Probation Revocation Hearings	p. 132
Situations Where the Rule Has Not Been Applied	p. 132
Violation of the Knock-and-Announce Requirement	p. 132
Searches Based on Erroneous Information	p. 133
Exclusionary Rule and the Fifth Amendment	p. 133
Exclusionary Rule and the Sixth Amendment	p. 134
Capstone Case: Groh v. Ramirez, 540 U.S. 551 (2004)	p. 135
Questions in Review	p. 139
Fifth Amendment Issues	p. 141
Introduction	p. 141
Grand Jury	p. 141
Infamous Crime	p. 142
Discrimination in Selection of Grand Jury Members	p. 142
Evidence	p. 142
Sufficiency of an Indictment	p. 143
Double Jeopardy	p. 143
Application of Prohibition	p. 144
Collateral Estoppel	p. 145
Self-Incrimination	p. 145
Coverage of the Privilege	p. 146
Establishing Voluntariness of Statement	p. 148
Miranda Warning	p. 149
The Warning	p. 153
In-Custody Requirement	p. 153
What Constitutes Interrogation?	p. 156
When Interrogation Must Stop	p. 156
Exceptions to the Rule	p. 157
Public Safety Exception	p. 157
Where Vienna Convention Was Violated	p. 158
Statements Made during Medical Treatment	p. 158
Undercover Agents	p. 159
Deportation Proceedings	p. 159
Initial Inquiry and Booking	p. 159
Failure to Advise Defendant of Other Suspected Crimes	p. 160
Fruit of the Poisonous Tree	p. 161
Involuntary Confessions	p. 162
Commenting on Defendant's Silence	p. 163
Capstone Case: Missouri v. Seibert, 542 U.S. 600 (2004)	p. 163
Questions in Review	p. 166
Sixth Amendment Issues	p. 167
Introduction	p. 167
Speedy Trial	p. 167
Constitutional Right to a Speedy Trial	p. 168
Statutory Right to a Speedy Trial	p. 169
Public Trial	p. 170
Impartial Jury	p. 173
Right to Jury Trial	p. 174
Impartial Jury	p. 175
Pretrial Publicity	p. 176
Voir Dire of Jury	p. 176
Selection of Jurors	p. 177
Attitude toward Death Penalty	p. 179
Number of Jurors	p. 179
Nonunanimous Verdicts in State Courts	p. 180
Judge Commenting on Evidence	p. 180
Judicial Instructions	p. 180
Questioning	p. 181
Urging Jury to Reach Verdict	p. 181
Penalty for Exercising Right to Jury Trial	p. 182
Trial in the Judicial District in Which the Crime Was Committed	p. 182
To Be Informed of the Nature and Cause of the Accusation	p. 183
Right to Confront the Witnesses	p. 184
To Have a Compulsory Process for Obtaining Witnesses in His Favor	p. 187
To Have Assistance of Counsel for His Defense	p. 188
Right to Appointed Counsel	p. 188
Effective Assistance of Counsel	p. 189
Right to Represent Self	p. 190
Standard of Competence Required for Self-Representation	p. 192
When the Right to Appointed Counsel Attaches	p. 195
Right to Counsel on Appeal for Indigent Defendants	p. 196
Guilty Pleas	p. 196
Capstone Case: United States v. Gonzalez-Lopez, 548 U.S. 140 (2006)	p. 197
Questions in Review	p. 200
The Eighth Amendment	p. 201
Introduction	p. 201
Death Penalty as Cruel and Unusual	p. 202
Is the Death Penalty Cruel and Unusual?	p. 203
Executing the Mentally Retarded	p. 204
History of Death Penalty's Methods of Execution	p. 206
Death Penalty for Crimes Other than Murder	p. 209
Noncapital Punishments	p. 213
Robinson v. California	p. 213
Other Cruel and Unusual Punishments	p. 215
Jail and Prison Conditions as Cruel and Unusual	p. 217
Prison Conditions and Treatment	p. 217
Jails	p. 218
Court Sentences as Cruel and Unusual	p. 219
Bail	p. 221
Excessive Bail	p. 221
Protective Custody Awaiting Trial	p. 222
Capstone Case: Overton v. Bazzetta, 539 U.S. 126 (2003)	p. 224
Questions in Review	p. 228
Endnote	p. 228
The First Amendment	p. 229
Introduction	p. 229
Religious Issues	p. 230
Freedom of the Press	p. 232
Prior Restraints on Publications	p. 232
Distribution of Publications	p. 234
Right to Assemble and Free Speech	p. 235
Petitions to the Government	p. 236
Right of Privacy	p. 237
Obscenity	p. 239
Students and the First Amendment	p. 242
Freedom of Expression in Schools	p. 242
School Assignments	p. 242
Public Funding of Education	p. 242
Use of School Property	p. 243
School Prayers	p. 243
Prisoners and the First Amendment	p. 243
Regulation of Incoming Publications	p. 243
Prisoner's Mail	p. 244
Right of Association	p. 245
Capstone Case: Morse v. Frederick, 127 S. Ct. 2618 (2007)	p. 245
Questions in Review	p. 251
Civil Liability and the Criminal Justice Professional	p. 253
Introduction	p. 253
Federal Civil Rights	p. 253
Under Color of Law	p. 254
Excessive Force Used in an Arrest	p. 254
Use of Deadly Force	p. 255
Private Correctional Officers	p. 256
False Arrest Statute of Limitations	p. 256
Abusive Interrogations	p. 256
Violations of Constitutional Rights in a Foreign Country	p. 257
General Rules of Liability	p. 258
Liability of Federal Agents under 42 USCS § 1983	p. 258
Officer's Duty to Arrest	p. 259
Liability of a Public Agency for Failure to Train Its Police Officers	p. 261
Immunity from Liability	p. 262
Prosecutors	p. 265
Capstone Case: Wilson v. Layne, 526 U.S. 603, 628 (1999)	p. 266
Questions in Review	p. 270
Terrorism and the Writ of Habeas Corpus	p. 271
Introduction	p. 271
Boumediene v. Bush Case	p. 272
Subsequent Proceedings	p. 278
Questions in Review	p. 278
Glossary	p. 279
References	p. 287
U.S. Constitution	p. 301
Search Warrants	p. 321
Grand Jury Indictment, August 2005-at Alexandria, Virginia	p. 337
Index	p. 353
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