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| Preface | p. iii |
| Table of Cases | p. ix |
| The Criminal Process: Failure, Choices, and Legitimacy | p. 1 |
| Does The Process Protect the Innocent? | p. 1 |
| Note: Is there a reliable estimate of system-wide wrongful convictions? | p. 1 |
| Note: District Attorney's Office for the Third Judicial District v. Osborne | p. 1 |
| Passing the Threshold of the Fourth Amendment | p. 3 |
| What Is a "Search"? | p. 3 |
| General Principles | p. 3 |
| Note: Update on National Security Agency Wiretapping program | p. 3 |
| The Substance of the Fourth Amendment | p. 5 |
| Arrest Warrants | p. 5 |
| Note: Scott v. Harris | p. 5 |
| Search Warrants | p. 5 |
| Execution of a Search Warrant | p. 5 |
| Note: Los Angeles County, Califonia v. Rettele | p. 5 |
| Warrant Clause: When are Warrants Required? | p. 7 |
| Searches Incident to an Arrest | p. 7 |
| Arrests of Automobile Occupants: A Special Rule? | p. 7 |
| Note: Relating to Atwater v. City of Lago Vista | p. 7 |
| Note: Virginia v. Moore | p. 7 |
| Note: Thornton v. United States | p. 8 |
| Arizona v. Gant | p. 9 |
| Notes and Questions | p. 21 |
| Pretextual Stops and Arrests (Particularly in Automobiles) | p. 21 |
| Note: Recent Department of Justice report | p. 21 |
| Reasonableness Clause: The Diminishing Roles of Warrants and Probable Cause | p. 21 |
| The Terry Doctrine | p. 21 |
| Drawing Lines: Seizure versus Non-Seizure Encounters | p. 21 |
| Note: Brendlin v. California | p. 21 |
| Reasonableness in a "Special Needs" (and Non-Criminal?) Context | p. 23 |
| Note: Safford Unified School District #1 v. Redding | p. 23 |
| Remedies for Fourth Amendment Violations | p. 25 |
| Exclusionary Rule | p. 25 |
| The "Good Faith" Exceptions to the Exclusionary Rule | p. 25 |
| Note: Cross-reference to Herring v. United States | p. 25 |
| The Exclusionary Rule: Where Do We Go From Here? | p. 25 |
| Herring v. United States | p. 25 |
| Notes and Questions | p. 33 |
| Police Interrogation: The Sixth Amendment Right To Counsel | p. 34 |
| Massiah Waiver | p. 34 |
| Patterson v. Illinois | p. 34 |
| Notes and Questions | p. 44 |
| Shedding Light On Massiah's Analytical Core | p. 46 |
| Kansas v. Ventris | p. 46 |
| Notes and Questions | p. 51 |
| Pretrial Release | p. 54 |
| Bail And Other Release Mechanisms | p. 54 |
| Note: Rothgery v. Gillespie County | p. 54 |
| Preparing For Adjudication | p. 56 |
| Discovery | p. 56 |
| Constitutional Discovery | p. 56 |
| Note: District Attorney's Office for the Third Judicial District v. Osborne | p. 56 |
| Note: Cone v. Bell | p. 57 |
| Speedy Trial | p. 58 |
| Note: Vermont v. Brillon | p. 58 |
| The Role Of Defense Counsel | p. 60 |
| The Right To Have Appointed Counsel | p. 60 |
| Note: Right to counsel at bail hearings | p. 60 |
| The Right To Decide Whether To Have Counsel | p. 60 |
| Note: Indiana v. Edwards | p. 60 |
| The Right To Effective Assistance Of Counsel | p. 61 |
| Note: Schriro v. Landrigan | p. 61 |
| Plea Bargaining And Guilty Pleas | p. 64 |
| Making And Breaking Deals | p. 64 |
| Breaking the Deal | p. 64 |
| Note: Mabry v. Johnson and Puckett v. United States | p. 64 |
| The Trial Process | p. 66 |
| The Right To Be Confronted With Prosecution Witnesses | p. 66 |
| Note: Giles v. California | p. 66 |
| Note: Melendez-Diaz v. Massachusetts | p. 67 |
| Sentencing | p. 68 |
| Federal Sentencing Guidelines | p. 68 |
| The Guidelines: In General | p. 68 |
| Introductory Comment | p. 68 |
| Imposing A Sentence: Constitutional Limits | p. 68 |
| Trial Versus Sentencing: Different Enterprises? | p. 68 |
| Sentencing as a More Formal Enterprise: The Apprendi Revolution | p. 68 |
| Note: James v. United States | p. 68 |
| Note: Cunningham v. California | p. 69 |
| Note: Rita v. United States and Gall v. United States | p. 70 |
| Note: Oregon v. Ice | p. 74 |
| Double Jeopardy | p. 77 |
| Former Acquittal/Collateral Estoppel | p. 77 |
| Note: Taylor v. Sturgell and Yeager v. United States | p. 77 |
| Note: Burks v. United States and Tibbs v. Florida | p. 78 |
| Post-Trial Processes: Correcting Erroneous Verdicts | p. 79 |
| Appeal | p. 79 |
| Harmless Error | p. 79 |
| Note: Puckett v. United States | p. 79 |
| Federal Habeas Corpus | p. 79 |
| History and Theory of Habeas Corpus | p. 79 |
| Note: Boumediene v. Bush | p. 79 |
| Retroactivity | p. 79 |
| Note: Whorton v. Bockting and Danforth v. Minnesota | p. 79 |
| Appendix | |
| Selected Federal Statutes | p. 81 |
| Federal Rules of Criminal Procedure for the United States District Courts | p. 130 |
| Table of Contents provided by Ingram. All Rights Reserved. |
