Investigative Criminal Procedure A Comparative Approach [Connected eBook with Study Center]

by Thaman, Stephen C.

• ISBN13: 9798892070812
• ISBN10: 8892070819
• eBook ISBN(s): 9798892070836
• Edition: 1st
• Format: Paperback
• Copyright: 2025-09-15
• Publisher: Aspen Publishing
• More Book Details

Summary

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Investigative Criminal Procedure: A Comparative Approach, First Edition picks up Chapters 1 through 9 from the author’s casebook, Criminal Procedure: A Comparative Approach, First Edition, and focuses on how the Fourth, Fifth, and Sixth Amendments inform the regulation of detention, arrest, search and seizure, the use of secret investigative techniques and identification practices, and the interrogation of criminal suspects in the prevention and investigation of crime in the U.S. It explores the extent to which the criminal investigation is still secret and police-dominated and covers when the right to counsel is guaranteed during crucial investigative measures such as line-ups, interrogations, and searches. It also deals with the extent to which police and prosecutors may use racial profiling, deception, and pretext to induce criminal suspects to waive their constitutional rights to their own detriment. Finally, it compares the extent to which evidence gathered in violation of fundamental rights may be used to prove guilt at trial.   
 
The comparative approach shows how the U.S. has moved from a “due process” emphasis in the 1960s and 70s, which influenced countries all over the world, to one which prioritizes “crime control”; and compares the historical and contemporary U.S. approach with current jurisprudence and legislation in Europe and other democracies. This text helps students in the U.S. and abroad to better identify the strengths and weaknesses of their own systems while also prompting them to discuss the approaches which are more just, humane, and appropriate for a democratic society.

Benefits for instructors and students:

• Cases and other excerpted materials: A wealth of interesting and well-edited cases, both U.S. and international, providing material for comparative analysis and stimulation for classroom discussion.
• U.S. Law Notes: Supplements to the excerpted seminal cases, discussing nuances in the prevailing approach and divergences among states which accord more protection than the U.S. Supreme Court.
• Discussion: Provocative questions and information, designed to encourage students and instructors to identify the similarities and differences between U.S. and foreign law, and to discuss which approaches may be the preferred ones.
• Online Appendix: A wealth of high court opinions and statutory law, for those students or instructors who wish to delve deeper into a particular area, who are enrolled in classes that are not heavily focused on U.S. law, or who need additional resources for writing papers.
• Glossary of Terms and Concepts Translated from French, German, Italian, Russian and Spanish: Important information (especially helpful for non-U.S. students) to help clear up potential terminological confusion.
• Further Reading (U.S. and Comparative): Chapter-end suggestions for books and articles (each list focusing exclusively on U.S. or comparative law), related to the issues discussed in the chapter.

Table of Contents

SUMMARY OF CONTENTS

Contents 
Preface

CHAPTER 1
The Historical and Comparative Foundations of Crime
Prevention and Criminal Procedure
CHAPTER 2
The Preliminary Investigation: Models, Division
of Tasks, and Powers 
CHAPTER 3
Arrest and Temporary Detention: Limitations and Deprivations
of Liberty in the Investigation and Prevention of Crime 
CHAPTER 4
Theories of the Right to Privacy and Conventional Search Law 
CHAPTER 5
Privacy and the Use of Secret Investigative Techniques in
Investigating Crime and Threats to National Security 
CHAPTER 6
The Right to Silence and the Privilege Against Self-Incrimination 
CHAPTER 7
The Use of Undercover Agents and Informants and Their Impact on the
Right to Privacy, the Privilege Against Self-Incrimination, and Due Process 
CHAPTER 8
The Admissibility of Illegally Gathered Evidence: Exclusionary
Rules and Evidentiary Use Prohibitions 
CHAPTER 9
The Regulation of Eyewitness Identification 

Glossary 
Bibliography 
Appendix: Excerpted Cases, Codes, and Other Norms 
Index