The first part of this book is devoted to traditional criminal procedure topics, including search and seizure as well as interrogation and identification procedures. Recognizing that criminal procedure consists of much more than interactions between the police and criminal suspects, Worrall goes on to discuss the pretrial process; the roles of defense attorneys, prosecutors, and grand juries; plea bargaining and guilty pleas; rights of criminal defendants at trial; and appeals and habeas corpus. The material is covered by focusing on the constitutional rights of criminal suspects, as interpreted by the U.S. Supreme Court.
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Table of Contents
1. Introduction to Criminal Procedure.
Introduction: What Is Criminal Procedure?
Competing Concerns in Criminal Procedure.
The Relationship Between the Courts.
Important Terms, Issues, and Trends in Criminal Procedure.
The Criminal Process: An Overview.
2. Remedies for Constitutional Violations.
Introduction: What Can Be Done When Constitutional Rights Are Violated.
The Exclusionary Rule.
3. Introduction to the Fourth Amendment
Introduction: Understanding the Fourth Amendment's Text.
A Framework for Analyzing the Fourth Amendment.
When a Search Occurs.
When a Seizure Occurs.
The Doctrine of Justification.
4. Actions Based on Probable Cause: Searches and Seizures with Warrants.
Introduction: The Fourth Amendment's Warrant Requirement.
What Are the Components of a Valid Warrant?
The Law of Arrest.
Searches with Warrants.
5. More Actions Based on Probable Cause: Searches and Seizures Without Warrants.
Introduction: Dispensing with the Fourth Amendment's Warrant Requirement.
Exceptions to the Warrant Requirement.
6. Actions Based on Reasonable Suspicion: Stop and Frisk and Investigative Detentions.
Introduction: Police-Citizen Encounters with Less Than Probable Cause.
The Expansion of Stop and Frisk Law: Controversial Decisions.
Drug Courier Profiling.
7. Actions Based on Administrative Justification or No Justification.
Introduction: Beyond the Text ofthe Fourth Amendment.
Exceptions Requiring Administrative Justification.
Exceptions Requiring No Justification.
8 Interrogations and Confessions.
Introduction: Extracting Information from Criminal Suspects.
The Fifth Amendment and Self-Incrimination.
Confessions and Interrogations.
9. Identification Procedures and the Role of Witnesses.
Introduction: Bring in the Witnesses.
Pretrial Identification Techniques.
Identification During Trial: An Introduction to Witness Questioning.
The Exclusionary Rule and Identifications.
10. The Pretrial Process.
Introduction: The Road to Trial.
The Initial Appearance.
The Probable Cause Hearing.
The Preliminary Hearing.
11. Prosecutors, Grand Juries, and Defense Attorneys.
Introduction: Bringing Charges and Mounting a Defense.
The Grand Jury.
The Defense Attorney.
12. Plea Bargaining and Guilty Pleas.
Introduction: Methods for Avoiding Trial.
The Plea Bargaining Process.
The Effects of Plea Bargaining.
Elements of a Valid Guilty Plea.
13. Rights at Trial, Part I.
Introduction: Ensuring an Expeditious and Fair Trial.
The Right to a Speedy Trial.
The Right to An Impartial Judge.
The Right to An Impartial Jury.
14. Rights at Trial, Part II.
Introduction: More Protections for the Accused.
The Right to a Public Trial.
The Right to Confrontation.
The Right to Compulsory Process.
The Right to Double Jeopardy Protection.
The Right to Assert an Entrapment Defense.
15. Sentencing, Appeals, And Habeas Corpus.
Introduction: Closing the Door on the Criminal Process.