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Preface | p. iii |
Acknowledgments | p. v |
Table of Cases | p. xi |
Introduction | |
On Studying The Legal Regulation Of the Criminal Justice Process | p. 1 |
The Steps in the Process | p. 1 |
Sources Of Criminal Procedure Law | p. 3 |
Is There A Due Process Right To Technology That Might Establish One's Innocence? | p. 3 |
District Attorney's Office V. Osborne | p. 3 |
The Retroactive Effect Of a Holding Of Unconstitutionality | p. 13 |
Danforth V. Minnesota | p. 13 |
Due Process, Individual Rights And The War OnTerrorism | p. 17 |
Boumediene V. Bush | p. 17 |
The Right To Counsel, "By Far The Most Pervasive&" Right Of The Accused; Equality And The Adversary System | p. 24 |
The Right To Appointed Counsel And Related Problems | p. 24 |
Rothgery V. Gillespie County | p. 24 |
The Right To Appointed Counsel In Proceedings Other Than Criminal Prosecutions | p. 31 |
Juvenile court proceedings | p. 31 |
The Role Of Counsel | p. 32 |
Waiver of The Right To Counsel: The Right to Proceed Pro Se | p. 32 |
Indiana V. Edwards | p. 32 |
The Constitutional Division of Authority Over Defense Decisions | p. 40 |
Gonzales V. United States | p. 40 |
Police Practices | |
Arrest, Search And Seizure | p. 44 |
The Exclusionary Rule | p. 44 |
Herring V. United States | p. 44 |
"Probable Cause" | p. 51 |
Commonwealth V. Dunlap | p. 51 |
Search Warrants | p. 52 |
United States V. Scott | p. 52 |
Warrantless Arrests and Searches of the Person | p. 52 |
Virginia V. Moore | p. 53 |
Warrantless Entries and Search of Premises | p. 53 |
Arizona V. Gant | p. 53 |
Warrantless Seizures and Searches of Vehicles | p. 54 |
Arizona V. Gant | p. 54 |
Stop and Frisk | p. 64 |
Arizona V. Johnson | p. 64 |
Administrative Searches and Regulatory Searches: More On Balancing the Need Against the Invasion Of Privacy | p. 65 |
Safford Unified School District #1 V. Redding | p. 66 |
Network Surveillance | p. 67 |
The Fourth Amendment | p. 67 |
Rights In Content Information | p. 67 |
Statutory Privacy Laws | p. 67 |
Note On National Security Monitoring and the Foreign Intelligence Surveillance Act | p. 67 |
Police Interrogation and Confessions | p. 69 |
Historical Background | p. 69 |
The Mcnabb-Mallory Rule: Supervisory Authority Over Federal Criminal Justice Vs. Fourteenth Amendment Due Process | p. 69 |
The Miranda "Revolution" | p. 70 |
Steven B. Duke&Does Miranda Protect The Innocent or the Guilty? | p. 70 |
Sherry F. Colb&Why is Torture "Different" and How "Different" Is It? | p. 70 |
The Schism between the Fbi and the military regarding detainee interrogation methods: The Inspector General's Review of the FBI's Involvement and Observations in Guantanamo Bay, Afghanistan, and Iraq | p. 71 |
Montejo V. Louisiana | p. 80 |
The "Due Process"-"Voluntariness" Test Revisited | p. 91 |
The Impact Of Miranda on the "Voluntariness" test: Steven Duke, supra | p. 91 |
Lineups, Showups And Other Pre-Trial Identification Procedures | p. 93 |
Due Process And Other Limitations | p. 93 |
Commonwealth V. Silva-Santiago | p. 93 |
Grand Jury Investigations | p. 95 |
Self-Incrimination and the Compelled Production of Documents | p. 95 |
In re Grand Jury Subpoena to Boucher | p. 95 |
The Scope of the Exclusionary Rules | p. 96 |
The "Fruit of the Poisonous Tree" | p. 96 |
The "Inevitable Discovery" Doctrine: The Sequel to Brewer v. Williams | p. 96 |
The Exclusionary Rule and Causation: Hudson v. Michigan and Its Ancestors | p. 96 |
James J. Tomkovicz, Hudson v. Michigan and the Future of Fourth Amendment Exclusion | p. 98 |
Is a "Second Confession" Following a Failure to Comply with the Massiah Doctrine Admissible? | p. 100 |
Use of Illegally Obtained Evidence for Impeachment Purposes | p. 100 |
The Supreme Court Misconstrues the Right to Counsel | p. 102 |
The Commencement of formal Proceedings | |
Pretrial Release | p. 103 |
The Right to Bail; Pretrial Release Procedures | p. 103 |
Speedy Trial and Other Speedy Disposition | p. 104 |
Speedy Trial | p. 104 |
The Adversary System and The Determination of Guilt Or Innocence | |
Guilty Pleas | p. 105 |
Some Views of Negotiated Pleas | p. 105 |
Introduction | p. 105 |
Administrative Convenience | p. 105 |
Rejected, Kept and Broken Bargains; Unrealized Expectations | p. 106 |
Professional Responsibility; the Role of Prose-Cutor and Defense Counsel | p. 107 |
Trial By Jury | p. 108 |
Right to Jury Trial | p. 108 |
Jury Selection | p. 109 |
Selecting the Jury From the Venire: Voir Dire | p. 109 |
the Criminal Trial | p. 110 |
Presence and Confrontation | p. 110 |
Reprosecution and the Ban Against Double Jeopardy | p. 111 |
Reprosecution After A Mistrial | p. 111 |
Sentencing | p. 112 |
Introduction to Sentencing | p. 112 |
Who Sets the Sentence | p. 112 |
Constitutional Limits On Sentencing Procedure | p. 112 |
Notice, Confrontation, Defense Submissions | p. 112 |
Appeals, Post-Conviction Review | |
Appeals | p. 114 |
The Defendant's Right to Appeal | p. 114 |
Cognizable Claims | p. 114 |
Puckett v. United States | p. 114 |
Greenlaw v. United States | p. 116 |
Post-Conviction Review: Federal Habeas Corpus | p. 117 |
Claims Foreclosed By Procedural Default | p. 117 |
Retroactivity-Which Law Applies? | p. 117 |
Appendices | |
Selected Provisions of the United States Constitution | p. 118 |
Selected Federal Statutory Provisions | p. 122 |
Wire and Electronic Communications Interception and Interception of Oral Communications (18 U.S.C. 2510-2511, 2515-2518, 2520-2521) | p. 122 |
Stored Wire and Electronic Communications and Transactional Records Access (18 U.S.C. 2702, 2707, 2708) | p. 143 |
Searches and Seizures (18 U.S.C.A. 3103a, 3105, 3109) | p. 147 |
Bail Reform Act of 1984 (18 U.S.C. 3141-3150) | p. 148 |
Speedy Trial Act of 1974 (As Amended) (18 U.S.C. 3161-3162, 3164) 160 | |
Jencks' Act (18 U.S.C. 3500) | p. 166 |
Litigation Concerning Sources of Evidence (18 U.S.C. 3504) | p. 167 |
Criminal Appeals Act of 1970 (As Amended) (18 U.S.C. 3731) | p. 168 |
Crime Victims' Rights (18 U.S.C. 3771) | p. 168 |
Jury Selection and Service Act of 1968 (As Amended) (28 U.S.C. 1861-1863, 1865-1867) | p. 171 |
Habeas Corpus (28 U.S.C. 2241-2244, 2253-2255, 2261-2266) | p. 178 |
Privacy Protection Act of 1980 (42 U.S.C. 2000aa-2000aa-12); Guidelines (28 C.F.R. 59.4) | p. 191 |
Guidelines (28 C.F.R. 59.4) | p. 195 |
Foreign Intelligence Surveillance Act (50 U.S.C.A. 1861) | p. 198 |
Federal Rules of Criminal Procedure for the United States District Courts | p. 204 |
Pending Amendments to Federal Rules of Criminal Procedure | p. 270 |
Proposed Amendments to Federal Rules of Criminal Procedure | p. 280 |
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