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Table of Cases	p. xiii
The Criminal Process
The Idea of Due Process	p. 3
The Residual Due Process Clause	p. 3
Hamdi v. Rumsfeld	p. 3
Notes and Questions	p. 21
The Right to Counsel-The Linchpin of Constitutional Protection
The Right to Counsel and Other Assistance	p. 27
The Constitutional Requirements	p. 27
Further Emanations of the Right to Counsel - Counsel on Appeal and Other Forms of Assistance	p. 27
Critical Stages of the Proceedings	p. 28
Effective Assistance of Counsel	p. 29
The Meaning of Effective Assistance	p. 29
Rompilla v. Beard	p. 30
Notes and Questions	p. 42
Note on Ineffective Assistance, Habeas Corpus, and the Death Penalty	p. 44
Some Implications of the Right to Counsel	p. 46
The Right to Proceed Pro Se	p. 46
The Right to Counsel of One's Choice	p. 50
United States v. Gonzalez-Lopez	p. 51
Notes and Questions	p. 60
The Right to be Let Alone-An Examination of the Fourth and Fifth Amendments and Related Areas
The Fourth Amendment	p. 65
The Scope of the Fourth Amendment	p. 65
The Meaning of "Searches"	p. 65
The Relationship Between Privacy and Property	p. 65
Illinois v. Caballes	p. 65
Notes and Questions	p. 73
Privacy and Technology	p. 74
To Whom Does the Fourth Amendment Apply?	p. 76
Probable Cause and Warrants	p. 77
The Probable Cause Standard	p. 77
The Warrant "Requirement"	p. 80
United States v. Grubbs	p. 80
Notes and Questions	p. 86
Muehler v. Mena	p. 88
Notes and Questions	p. 97
"Exceptions" to the Warrant "Requirement"	p. 100
Exigent Circumstances	p. 100
Brigham City v. Stuart	p. 100
Notes on Punitive and Protective Policing	p. 105
Searches Incident to Arrest	p. 108
Arizona v. Gant	p. 108
Notes and Questions	p. 119
Virginia v. Moore	p. 120
Notes and Questions	p. 127
Reasonableness	p. 128
Stops and Frisks	p. 128
"Special Needs"	p. 129
Non-Police Searches	p. 129
Reasonableness and Police Use of Force	p. 133
Scott v. Harris	p. 134
Notes and Questions	p. 144
Consent Searches	p. 146
Georgia v. Randolph	p. 146
Notes and Questions	p. 162
Remedies	p. 163
Limits on the Exclusionary Remedy	p. 163
The "Good Faith" Exception	p. 163
Herring v. United States	p. 164
Notes and Questions	p. 170
"Fruit of the Poisonous Tree" Doctrine	p. 171
Hudson v. Michigan	p. 171
Notes and Questions	p. 185
The Fifth Amendment
The Contours of the Privilege Against Self-Incrimination	p. 189
"No Person ... Shall Be Compelled": The Meaning of Compulsion	p. 189
Police Interrogation	p. 190
Police Interrogation and the Miranda Revolution	p. 190
The Scope of Miranda	p. 192
What Constitutes a Valid Miranda Waiver?	p. 192
The Right to Counsel Reconsidered	p. 202
Investigating Complex Crimes	p. 207
Electronic Surveillance and the Search of Electronic Data	p. 207
Wiretapping and Related Electronic Surveillance	p. 207
Grand Jury Secrecy	p. 207
Law Enforcement and Counterterrorism	p. 211
The Adjudication Process
The Charging Decision	p. 217
Prosecutorial Discretion	p. 217
Enforcement Discretion for Low-Level Crimes	p. 217
Bail, Detention, and the Right to a Speedy Trial	p. 219
The Right to a Speedy Trial	p. 219
Guilty Pleas and Plea Bargaining	p. 223
Guilty Pleas as a Substitute for Trials	p. 223
The Plea Process	p. 223
Discovery and Disclosure	p. 225
Disclosure by the Government	p. 225
The Prosecutor's Constitutional Disclosure Obligations	p. 225
United States v. Ruiz	p. 226
Notes and Questions	p. 231
The Jury and the Criminal Trial	p. 235
Jury Composition	p. 235
Miller-El v. Dretke	p. 238
Influences upon the Jury	p. 263
Publicity	p. 263
Skilling v. United States	p. 263
Notes and Questions	p. 287
The Defendant's Rights to Be Present, to Testify, to Obtain Evidence, to Confront His Accusers, and to Present a Defense at Trial	p. 289
Davis v. Washington	p. 290
Notes and Questions	p. 306
Criminal Trials and Factual Accuracy	p. 312
Alternatives to the Traditional Criminal Trial-The Proposed Special Military Tribunal	p. 315
Posttrial Proceedings
Sentencing	p. 319
Introduction to Sentencing	p. 319
Substantive Limits on Sentencing-Eighth Amendment Proportionality	p. 319
Roper v. Simmons	p. 320
Notes and Questions	p. 342
Do the Rules of Constitutional Criminal Procedure Apply to Sentencing?	p. 344
Gall v. United States	p. 344
Notes and Questions	p. 359
Double Jeopardy	p. 363
"Twice Put in Jeopardy"	p. 363
Acquittals	p. 363
Smith v. Massachusetts	p. 363
Notes and Questions	p. 372
Appellate and Collateral Review	p. 375
Appellate Review	p. 375
Prejudice and Harmless Error	p. 375
Collateral Review	p. 375
The Nature and Purposes of Federal Habeas	p. 375
Selected Statutes and Rules	p. 377
Federal Rules of Criminal Procedure	p. 377
The Grand Jury	p. 377
Joinder of Offenses or Defendants	p. 382
Pleas	p. 382
Relief from Prejudicial Joinder	p. 386
Discovery and Inspection	p. 386
Producing a Witness's Statement	p. 390
Search and Seizure	p. 391
Right to and Appointment of Counsel	p. 395
Harmless and Plain Error	p. 396
Bail Reform Act of 1984 (as amended)	p. 396
18 U.S.C. $$ 3141-3150	p. 396
Speedy Trial Act of 1974 (as amended)	p. 409
18 U.S.C. $$3161, 3162, 3164, 3173	p. 409
Criminal Appeals Act of 1970 (as amended)	p. 417
18 U.S.C. $3731	p. 417
Habeas Corpus Act of 1867 (as amended by Antiterrorism and Effective Death Penalty Act of 1996)	p. 418
28 U.S.C. $$2241-2244, 2253-2254	p. 418
Collateral Review for Federal Prisoners	p. 425
28 U.S.C. $2255	p. 425
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Comprehensive Criminal Procedure 2010 Case Supplement

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