Criminal Procedure / Edition 2

Criminal Procedure / Edition 2

by Marvin Zalman, Larry J. Siegel
     
 

ISBN-10: 0314202226

ISBN-13: 9780314202222

Pub. Date: 12/03/1996

Publisher: Cengage Learning

Now in its third edition, Criminal Procedure: Constitution and Society illustrates the best of both textbook and casebook formats. It soars past other texts by giving the reader a deeper understanding of criminal procedure and the cases that have shaped American criminal justice.

As the preface states, "The heart of American law lies in the cases."

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Overview

Now in its third edition, Criminal Procedure: Constitution and Society illustrates the best of both textbook and casebook formats. It soars past other texts by giving the reader a deeper understanding of criminal procedure and the cases that have shaped American criminal justice.

As the preface states, "The heart of American law lies in the cases." The heart of the American criminal justice system, therefore, lies in the way that these cases shape our understanding of crime and constitutionality. Criminal Procedure: Constitution and Society presents these issues fairly and thoroughly, with additional features that are uniquely tailored to students in criminal justice, criminology, sociology, and political science. The unique features of this text will make the study of criminal procedure a comprehensive, educational experience.

Product Details

ISBN-13:
9780314202222
Publisher:
Cengage Learning
Publication date:
12/03/1996
Edition description:
Older Edition
Pages:
792
Product dimensions:
8.75(w) x 10.33(h) x 1.41(d)

Table of Contents

Prefacex
Forewordxiii
Acknowledgmentsxiv
About the Authorxvi
Chapter 1The Meaning and Context of Criminal Procedure1
Order and Liberty: The Meaning of Constitutional Criminal Procedure2
The Context of Criminal Procedure3
Law in Society: Criminal Procedure as a Political Issue19
Summary21
Endnotes22
Justices of the Supreme Court--The Precursor Justices25
Chapter 2The Constitutional Foundation of Criminal Procedure30
Overview of the Constitution31
The Incorporation of the Bill of Rights35
The Due Process Revolution and the Counterrevolution47
Law in Society: The Original Intent Debate--The Politics of Constitutional Interpretation51
Summary53
Endnotes54
Justices of the Supreme Court--The Adversaries58
Chapter 3The Fourth Amendment and The Exclusionary Rule61
The Common Law Background62
The Creation of the Fourth Amendment: Its Original and Current Understanding63
Development of the Exclusionary Rule, 1886-192165
The Federalization of the Exclusionary Rule, 1949-196370
Undermining the Exclusionary Rule76
Alternative Remedies85
Arguments Against the Exclusionary Rule89
Theories of the Exclusionary Rule90
Law in Society: Costs and Benefits of the Exclusionary Rule93
Summary96
Legal Puzzles97
Endnotes98
Justices of the Supreme Court--Roosevelt's Liberals102
Chapter 4Essential Fourth Amendment Doctrines107
Introduction108
The Search Warrant108
Revolutionizing the Fourth Amendment118
Probable Cause and the Fourth Amendment127
Plain View and Related Doctrines137
Consent Searches146
Law in Society: Police Perjury and the Fourth Amendment154
Summary157
Legal Puzzles158
Endnotes160
Justices of the Supreme Court--Stalwart Conservatives, 1938-1962163
Chapter 5Arrest and Stop Under The Fourth Amendment168
Overview of the Law of Personal Detention169
Arrest171
The Arrest Warrant Requirement178
Search Incident to Arrest183
Stop and Frisk191
Law in Society: Arrest and Domestic Violence214
Summary217
Legal Puzzles218
Endnotes220
Justices of the Supreme Court--Thoughtful Conservatives223
Chapter 6Warrantless Searches228
Introduction229
Hot Pursuit and Other Exigency Searches229
The Automobile Exception232
Automobile Inventory Searches242
Border Searches248
Special Needs and Regulatory Searches250
Law in Society: Racial Profiling and Constitutional Rights258
Summary263
Legal Puzzles264
Endnotes265
Justices of the Supreme Court--Warren Court Liberals268
Chapter 7The Right To Counsel272
Introduction273
The Development of the Right to Counsel to 1961275
Gideon v. Wainwright and Its Aftermath278
The Right to Self-Representation288
The Effective Assistance of Counsel290
Law in Society: The Unmet Promise of Equal Justice297
Summary300
Legal Puzzles301
Endnotes303
Justices of the Supreme Court--Enduring Liberals306
Chapter 8Interrogation and The Law of Confessions309
Introduction310
The Miranda Decision316
Miranda as a Constitutional Rule323
Interpreting Miranda329
Questioning After Formal Charging: The Sixth Amendment339
Law in Society: The Social Reality of Confessions345
Summary350
Legal Puzzles351
Endnotes352
Justices of the Supreme Court--Nixon's Conservatives354
Chapter 9Identification of Suspects: Lineups and Showups357
Introduction: The Persistence of Mistaken Identification357
Identification and the Right to Counsel359
Identification and the Fifth Amendment369
Due Process and Eyewitness Identification369
Law in Society: Reducing the Error of Eyewitness Identification373
Summary376
Legal Puzzles377
Endnotes378
Justices of the Supreme Court--The Nixon-Ford Moderates380
Chapter 10Entrapment384
Introduction385
The Subjective and Objective Tests of Entrapment387
Other Tests: Due Process and Outrageous Conduct394
The Entrapment Defense in the States397
Law in Society: Undercover Policing and Its Control399
Summary402
Legal Puzzles402
Endnotes403
Justices of the Supreme Court--Reagan's Conservative Legacy407
Chapter 11The Pretrial Process411
Introduction412
The Bail Decision: Pretrial Release414
Prosecutorial Charging419
The Grand Jury424
The Preliminary Examination427
Law in Society: Prosecutorial Misconduct430
Summary433
Legal Puzzles434
Endnotes435
Justices of the Supreme Court--The Twenty-first Century Court438
Chapter 12The Trial Process443
The Ideal of the Fair Trial444
Important Constitutional Trial Rights446
The Jury454
Law in Society: The Jury in Crisis?464
Summary469
Legal Puzzles470
Endnotes471
Appendices
AConstitution of the United States: Selected Provisions473
BSelected Justices of the Supreme Court: Summary Information482
GlossaryG1
Table of CasesT1
IndexI1

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