American Criminal Procedure, Cases and Commentary

American Criminal Procedure, Cases and Commentary

by Stephen A. Saltzburg

Hardcover(2nd ed)

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Product Details

ISBN-13: 9780314760685
Publisher: West Group
Publication date: 12/01/1983
Series: American Casebook Series
Edition description: 2nd ed
Pages: 1193

Table of Contents

Table of Cases
Table of Authorities
Chapter One Basic Principles
I. A Criminal Case
II. The Nature of the Procedural System and the Sources of Procedural Rules
III. Two Special Aspects of Constitutional Law: The Incorporation Doctrine and Prospective Decisionmaking
Chapter Two Searches and Seizures of Persons and Things
I. An Introduction to the Fourth Amendment
II. Threshold Requirements for Fourth Amendment Protections: What Is a "Search?" What Is a "Seizure?"
III. The Tension Between the Reasonableness and the Warrent Clauses
IV. Obtaining a Search Warrant: Constitutional Prerequisites
V. To Apply or Not Apply the Warrant Clause
VI. The Reach of the Fourth Amendment
VII. Remedies for Fourth Amendment Violations
Chapter Three Self-Incrimination and Confessions
I. The Privilege Against Compelled Self-Incrimination
II. Confessions and Due Process
III. The Special Federal Standard for Confessions
IV. Fifth Amendment Limitations on Confessions
V. Confessions and the Sixth Amendment Right to Counsel
Chapter Four Identifying Suspects
I. Introduction
II. The Judicial Response
Chapter Five The Right to Counsel
I. The Background
II. The Early Development of the Right
III. A New and Sweeping Right and Its Limits
IV. The Scope of the Right
Chapter Six The Screening and Charging Process
I. Introduction
II. Choices and the Charging Process
III. Screening by the Police
IV. The Prosecutorial Decision Whether to Charge
V. The Grand Jury
VI. The Preliminary Hearing and Its Relationship to Indictments and Informations
VII. The Problem of Constructive Amendment, Variance, and Adequate Notice
Chapter Seven Bail and Pretrial Detention
I. Introduction to the Problems of Restraint Pending Trial
II. Bail: Its History and the Constitution
III. The Operation of a Bail Release System
IV. Bail Reform and Preventive Detention
V. Special Problems in the Operation of Bail
VI. The Continuing Problems and Reform Efforts
Chapter Eight Discovery
I. Criminal Discovery: Unlike Civil Discovery
II. The Basic Issues
III. Discovery on Behalf of the Defendant
IV. The Prosecutor's Constitutional Duty to Disclose
V. Discovery by the Prosecution
Chapter Nine Guilty Pleas and Bargaining
I. The General Issues
II. The Requirements for a Valid Guilty Plea
Chapter Ten Trial and Trial-Related Rights
I. The Right to a Speedy Trial
II. Joinder and Severance
III. Constitutionally Based Proof Requirements
IV. Trail by Jury
V. The Impartiality of the Tribunal and the Influence of the Press
VI. The Defendant's Right to Participate in the Trial
VII. The Right to Effective Assistance of Counsel
VIII. Self-Representation
Chapter Eleven Sentencing
I. Introduction
II. The Federal Sentencing Guidelines
III. Sentencing Procedures
IV. The Death Penalty and Its Procedures
Chapter Twelve Double Jeopardy
I. Introduction
II. The Effect of an Acquittal
III. The Convicted Defendant Appeals
IV. The Convicted Defendant Is Tried Again
V. Collateral Estoppel
VI. Dual Sovereigns
VII. Aborted Proceedings
VIII. Controls on Judicial And Prosecutional Vindictiveness
IX. Double Jeopardy and Review of Sentencing
Chapter Thirteen Post-Conviction Challenges
I. Introduction
II. Grounds for Direct Attacks on a Conviction
III. Collateral Attack

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