Criminal Procedure : From First Contact to Appeal

by Worrall, John L.

• ISBN13: 9780205342808
• ISBN10: 0205342809
• Edition: 1st
• Format: Hardcover
• Copyright: 2004-01-01
• Publisher: Allyn & Bacon

Summary

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

Discovery

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

Sentencing

Appeals

Habeas Corpus

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