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9780849311550

Constitutional Law for the Criminal Justice Professional

by ;
  • ISBN13:

    9780849311550

  • ISBN10:

    0849311551

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 1999-03-16
  • Publisher: CRC Press

Note: Supplemental materials are not guaranteed with Rental or Used book purchases.

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Summary

Written in a simple, straightforward manner, this book will help today's criminal justice student better understand con law issues as well as the complicated development of constitutional rights and law. In its simple, easy to understand format, this book is a must for both current criminal justice professionals and students studying to enter the profession.Constitutional Law for the Criminal Justice Professional covers search and seizure, arrest and civil rights as well as the judiciary, first amendment, due process and the judicial system. By an author with more than ten years experience as a police officer, another seven years as an attorney (both prosecuting and defending criminal cases), and more than seven years teaching law, this book is a valuable source of knowledge and understanding. It helps today's criminal justice student and professional be better prepared for tomorrow's needs.

Table of Contents

Section One: Introduction to Constitutional Law
Why is the Constitution So Important?
Foundations of the Term ``Constitution''
3(1)
Development of the Term
3(1)
The Constitution as a Paradigm
4(3)
A Brief History of the U.S. Constitution
The Idea of a Constitution
7(3)
The English Charters
7(2)
The Colonial Charters
9(1)
Americans and the Revolution
10(2)
The New Government
12(3)
The Articles of Confederation
12(1)
The Post-War Rebellions
13(2)
The Early Conventions
15(2)
The Philadelphia Convention
17(6)
Preparing for the Convention
17(1)
The Beginning of the Convention
17(2)
The Virginia Plan
19(1)
The Pinckney Plan
19(1)
The Debates
20(3)
The Campaign for Ratification
23(2)
Adding the First Amendments
25(4)
Section Two: Article III --- The Judiciary
Organization of the Courts
Creating the Federal System
29(1)
One Supreme Court
30(2)
The Inferior Courts
32(3)
Creation of the Courts
32(1)
Abolition of Courts
33(1)
Compensation of Judges
34(1)
Courts of Specialized Jurisdiction
35(1)
Bankruptcy Courts
35(2)
Judicial Power
Characteristics and Attributes of Judicial Power
37(1)
``Shall Be Vested''
38(3)
Getting into Federal Court
38(1)
Choosing between State and Federal Court
39(2)
The Power of Contempt
41(1)
Sanctions Other Than Contempt
41(1)
Power to Issue Writs: The Act of 1789
42(1)
Habeas Corpus: Congressional and Judicial Control
42(1)
Habeas Corpus: The Process of the Writ
43(2)
Judicial Review
The Establishment of Judicial Review
45(2)
Marbury v. Madison
46(1)
Judicial Review and National Supremacy
47(1)
Limitations on the Exercise of Judicial Review
47(8)
Constitutional Interpretation
47(2)
The Doctrine of ``Strict Necessity''
49(1)
Presumption of Constitutionality
49(1)
Stare Decisis in Constitutional Law
50(5)
Section Three: First Amendment---Religion and Expression
Religion: An Overview
Introduction
55(2)
Early Work by the Founders
55(1)
Shaping an Amendment
56(1)
Early Challenges to the Amendment
57(1)
``Establishment of Religion''
57(5)
Financial Assistance to Church-Related Institutions
58(2)
Government Encouragement of Religion in Public Schools
60(2)
Development of Other Legal Standards
62(2)
Government Neutrality in Religious Disputes
64(2)
Sunday Closing Laws
66(3)
Free Exercise of Religion
69(8)
The Belief-Conduct Distinction
70(1)
Government Restrictions on Conduct
71(6)
Freedom of Expression: Speech and Press
Introduction
77(4)
Adoption and the Common Law Background
77(3)
Is There a Difference between Speech and Press?
80(1)
The Doctrine of Prior Restraint
81(1)
Injunctions and the Press in Fair Trial Cases
82(1)
Obscenity and Prior Restraint
83(1)
Subsequent Punishment: ``Clear and Present Danger'' and Other Tests
83(10)
``Clear and Present Danger''
84(2)
The Adoption of ``Clear and Present Danger''
86(1)
``Clear and Present Danger'' Revised: The Dennis Case
87(1)
Balancing the Speech and the Restriction
88(1)
Other Tests and Standards
89(1)
The Present Test
90(3)
Rights of Assembly and Petition
Background and Development
93(6)
Section Four: Fourth Amendment---Search and Seizure
The History and Application of the Fourth Amendment
History of the Amendment
99(2)
Application of the Amendment
101(8)
Search without a Warrant
101(2)
Who is Protected under the Amendment?
103(1)
The Interest Protected
103(6)
Arrests and Other Detentions
What is a Seizure?
109(1)
Detention Short of Arrest: Stop-and-Frisk
110(5)
Searches and Seizures Pursuant to Warrant
Introduction
115(1)
Issuance by Neutral Magistrate
115(1)
Probable Cause
116(2)
Particularity
118(1)
First Amendment Bearing on Probable Cause and Particularity
118(2)
Property Subject to Seizure
120(3)
Execution of Warrants
Knock and Announce
123(2)
Timeliness
125(1)
Third Parties on the Premises
125(2)
Warrantless Searches and Exceptions to the Warrant Requirements
Introduction
127(1)
Search Incident to Arrest
127(3)
Vehicular Searches
130(2)
Vessel Searches
132(1)
Consent Searches
133(1)
Border Searches
134(1)
Open Fields
135(2)
Plain View
137(1)
Public Schools
137(1)
Government Offices
138(1)
Prisons and Regulation of Probation
138(1)
Drug Testing
139(4)
Electronic Surveillance under the Fourth Amendment
Development of the Early Standard
143(2)
Evolution to a Modern Standard of Judicial Scrutiny
145(1)
Warrantless ``National Security'' Electronic Surveillance
146(3)
Enforcing the Fourth Amendment
The Exclusionary Rule
149(1)
The Foundations of the Exclusionary Rule
150(1)
Narrowing Application of the Exclusionary Rule
151(1)
Alternatives to the Exclusionary Rule
152(5)
Section Five: Fifth Amendment---Rights of Persons
Indictment
Grand Jury
Developing a Right
157(3)
Indictment and Infamous Crimes
160(3)
Double Jeopardy
Development and Scope
163(1)
Jeopardy at Pretrial Proceedings
164(1)
Concurrent and Overlapping Jurisdictions
164(1)
Subsequent Prosecution Following Mistrial
165(3)
Subsequent Prosecution Following Acquittal
168(1)
Reprosecution Following Conviction
169(1)
Sentence Increases
170(1)
Double Jeopardy and ``the Same Offense''
170(2)
Two or More Victims
172(5)
Self-Incrimination
Development and Scope
177(1)
Application of the Privilege: Corporations and Non-Human Legal Entities
178(1)
Application of the Privilege: Persons
178(1)
The Power to Compel Testimony and Disclosure: Immunity
179(2)
Required Records Doctrine
181(2)
Confessions and Police Interrogation: Initial Application of Due Process
183(1)
The Common-Law Rule
184(1)
State Confession Cases
184(7)
Self-Incrimination: From Voluntariness Standard to Miranda
Introduction
191(1)
Miranda v. Arizona: The Case
192(2)
Other Interpretations of Miranda
194(3)
Assertion of the Rights and Application of the Warnings
197(3)
Procedure in the Trial Courts
200(5)
Due Process under the Fifth Amendment
History of the Protection
205(1)
Scope of the Guaranty
206(1)
Procedural Due Process
207(1)
Substantive Due Process
208(5)
Section Six: Sixth Amendment---Rights of Accused in Criminal Prosecutions
Speedy Public Trial
Coverage
213(1)
Right to a Speedy and Public Trial
213(3)
Source and Rationale
213(1)
Application and Scope
214(1)
When the Right is Denied
215(1)
Public Trial
216(3)
Right to Trial by Impartial Jury
Development of the Right
219(1)
The Attributes of the Jury
219(1)
Criminal Proceedings to Which the Guarantee Applies
220(1)
Impartial Jury
221(5)
Place of Trial: Selecting a Jury of the Vicinage
226(3)
Right of Notification and Confrontation
Notice of Accusation
229(1)
Confrontation
230(3)
Compulsory Process
233(2)
Assistance of Counsel
Development of an Absolute Right to Counsel at Trial
235(2)
Protection of the Right to Retained Counsel
237(1)
Effective Assistance of Counsel
238(1)
Right to Self-Representation
238(1)
Right to Assistance of Counsel in Nontrial Situations
239(7)
Judicial Proceedings before Trial
239(1)
Pre-Charge Issues: Custodial Interrogation
240(4)
Lineups and Other Identification Situations
244(2)
Post-Conviction Proceedings
246(1)
Noncriminal and Investigatory Proceedings
246(5)
Section Seven: Eighth Amendment---Further Guarantees in Criminal Cases
Excessive Bail
Introduction
251(1)
Standards of Bail
251(6)
Cruel and Unusual Punishments
Excessive Fines
257(1)
Standards for Cruel and Unusual Punishment
257(1)
Interpretation of the Amendment
258(1)
Defining ``Cruel and Unusual Punishments''
258(2)
Specific Issues in Capital Punishment
260(8)
Capital Punishment for Other Offenses: Rape and Non-Murder Cases
264(1)
Felony Murder
265(1)
Race
266(1)
Execution of the Insane
266(1)
Mentally Retarded
267(1)
Juveniles
267(1)
Procedural Delay
268(1)
Proportionality
269(6)
Other Issues under the Eighth Amendment
Convictions Based on Status
275(1)
Prisons and Punishment
276(1)
Limitation of the Clause to Criminal Punishments
277(4)
Section Eight: Fourteenth Amendment---Due Process and Equal Protection
Due Process of Law
The Development of Substantive Due Process
281(2)
Police Power Defined and Limited
283(1)
Health, Safety, and Morals
283(4)
Procedural Due Process
Introduction
287(1)
The Elements of Due Process: Definiteness
287(2)
Statutory Notice
289(1)
Entrapment
290(1)
Criminal Identification Process
291(1)
Initiation of the Prosecution
292(1)
Fair Trial
292(1)
Guilty Pleas
293(1)
Prosecutorial Misconduct
294(1)
Sentencing
295(4)
Appendix A The Constitution of the United States of America 299(12)
Appendix B Amendments to the Constitution of the United States of America 311(10)
Case Listing 321(4)
Index 325

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

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