Criminal Procedure : From First Contact to Appeal

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  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2004-01-01
  • Publisher: Allyn & Bacon
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A comprehensive introduction to criminal procedure, from the point where individuals first come into contact with the police, all the way through to appeal. Traditional criminal procedure topics, including search and seizure as well as interrogation and identification procedures comprise the first half of the text. Recognizing that criminal procedure consists of much more than interactions between the police and criminal suspects, Worrall goes on to discuss the pretrial process; the roles of defense attorneys, prosecutors, and grand juries; plea bargaining and guilty pleas; rights of criminal defendants at trial; and appeals and habeas corpus. The material focuses on the constitutional rights of criminal suspects, as interpreted by the U.S. Supreme Court. Reviewers are praising Worrall as an exciting new entry to the market. The book does an excellent job of covering the material, writes one reviewer. It covers areas rarely covered in a typical procedure text such as issues of mental incompetency. In addition, it answers the questions that professors consistently get from their students. Another reviewer calls the Worrall text an incredible improvement over [other criminal procedure texts]where those books are so confusing and choppy, this book is well written and gets the points across clearly.

Table of Contents

Introduction to Criminal Procedure
Introduction: What Is Criminal Procedure?
Competing Concerns in Criminal Procedure
The Relationship Between the Courts
Important Terms, Issues, and Trends in Criminal Procedure
The Criminal Process: An Overview
Remedies for Constitutional Violations
Introduction: What Can Be Done When Constitutional Rights Are Violated
Civil Litigation
Criminal Remedies
Non-Judicial Remedies
The Exclusionary Rule
Introduction to the Fourth Amendment Introduction: Understanding the Fourth Amendment's Text
A Framework for Analyzing the Fourth Amendment
When a Search Occurs
When a Seizure Occurs
The Doctrine of Justification
Actions Based on Probable Cause: Searches and Seizures with Warrants
Introduction: The Fourth Amendment's Warrant Requirement
What Are the Components of a Valid Warrant?
The Law of Arrest
Searches with Warrants
Special Circumstances
More Actions Based on Probable Cause: Searches and Seizures Without Warrants
Introduction: Dispensing with the Fourth Amendment's Warrant Requirement
Exceptions to the Warrant Requirement
Actions Based on Reasonable Suspicion: Stop and Frisk and Investigative Detentions
Introduction: Police-Citizen Encounters with Less Than Probable Cause
The Stop
The Frisk
The Expansion of Stop and Frisk Law: Controversial Decisions
Drug Courier Profiling
Investigative Detentions
Actions Based on Administrative Justification or No Justification
Introduction: Beyond the Text of the Fourth Amendment
Exceptions Requiring Administrative Justification
Exceptions Requiring No Justification
Interrogations and Confessions
Introduction: Extracting Information from Criminal Suspects
The Fifth Amendment and Self-Incrimination
Confessions and Interrogations
Identification Procedures and the Role of Witnesses
Introduction: Bring in the Witnesses
Pretrial Identification Techniques
Identification During Trial: An Introduction to Witness Questioning
The Exclusionary Rule and Identifications
The Pretrial Process
Introduction: The Road to Trial
The Initial Appearance
The Probable Cause Hearing
Pretrial Release
The Preliminary Hearing
Review Questions
Prosecutors, Grand Juries, and Defense Attorneys
Introduction: Bringing Charges and Mounting a Defense
The Prosecutor
The Grand Jury
The Defense Attorney
Plea Bargaining and Guilty Pleas
Introduction: Methods for Avoiding Trial
The Plea Bargaining Process
The Effects of Plea Bargaining
Elements of a Valid Guilty Plea
Rights at Trial, Part I
Introduction: Ensuring an Expeditious and Fair Trial
The Right to a Speedy Trial
The Right to An Impartial Judge
The Right to An Impartial Jury
Decision-Making Exercises
Review Questions
Rights at Trial, Part II
Introduction: More Protections for the Accused
The Right to a Public Trial
The Right to Confrontation
The Right to Compulsory Process
The Right to Double Jeopardy Protection
The Right to Assert an Entrapment Defense
Sentencing, Appeals, And Habeas Corpus
Introduction: Closing the Door on the Criminal Process
Habeas Corpus
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