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Cengage Learning
Criminal Procedure / Edition 6

Criminal Procedure / Edition 6

by John M. Scheb


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Criminal Procedure / Edition 6

From the nationally acclaimed authors of Criminal Law and Procedure, this approachable text helps you gain a clear understanding of the principles of law that will be vital to your success in many law enforcement fields. Important recent developments, intriguing court cases, broad legal coverage -- they are all here, along with carefully developed learning tools to help you get the most out of every chapter. The Second Edition of Scheb and Scheb's Criminal Law is ideal for students in criminal justice, criminology, pre-law, and paralegal programs, including those with a limited background in the law.

Inside you'll find:

  • Fascinating excerpts from landmark cases.Located at the end of each chapter, these cases are carefully edited and referenced within the chapters so you can better appreciate each case's importance
  • Expanded treatment.Comprehensive information is given on search and seizure, pretrial identification procedures, rules of evidence in criminal trials, and many more topics of current importance
  • "Case in Point" boxes.These boxes feature additional examples based on actual court cases
  • New information on use of the Internet in legal research. Included in the legal research appendix
  • A dedicated web site.The web site features a wealth of study materials:

Product Details

ISBN-13: 2901111346972
Publisher: Cengage Learning
Publication date: 05/02/2011
Edition description: NE
Pages: 384
Product dimensions: 6.00(w) x 1.25(h) x 9.00(d)

About the Author

John M. Scheb was born in Orlando, Florida, in 1926. He entered the practice of law in 1950. He served as associate municipal judge in Sarasota, Florida, from 1957 to 1959. From 1959 to 1970, he served as City Attorney for the city of Sarasota. In 1974, he was appointed to the Florida District Court of Appeal, second district, a position he held until his retirement in 1992. Judge Scheb holds the B.A. from Florida Southern College, the J.D. from the University of Florida, and the LL.M. from the University of Virginia.

John M. Scheb, II attended the University of Florida, where he received a B.A., M.A., and Ph.D. in political science. He is now Professor and Head of Political Science at the University of Tennessee, Knoxville, where he specializes in public law, courts, and the judicial process. Professor Scheb has authored numerous articles in professional journals and is coauthor of several other textbooks, including: AN INTRODUCTION TO THE AMERICAN LEGAL SYSTEM, 3rd Edition (Wolters Kluwer, 2013), LAW AND ADMINISTRATIVE PROCESS (Thomson/Wadsworth, 2005), and AMERICAN CONSTITUTIONAL LAW, 6th Edition (Wadsworth/Cengage, 2014).

Table of Contents

Part ILegal Foundations of Criminal Justice1
Chapter 1Fundamentals of Criminal Law and Procedure2
What Is a Crime?4
Civil and Criminal Law7
The Origins and Sources of the Criminal Law7
Constitutional Limitations on the Criminal Justice System12
Stages in the Criminal Process13
Criminal Punishment20
Chapter 2Organization of the Criminal Justice System26
Law Enforcement Agencies30
Prosecutorial Agencies32
Defense Attorneys34
The Courts36
The Juvenile Justice System43
The Corrections System44
Part IILaw Enforcement and Criminal Procedure49
Chapter 3Search and Seizure50
Historical Background51
When, Where, and to Whom the Fourth Amendment Applies53
The Scope of Privacy Protected by the Fourth Amendment58
The Warrant Requirement61
Exceptions to the Warrant Requirement69
Exceptions to the Probable Cause Requirement74
Technology and the Fourth Amendment77
The Exclusionary Rule79
Problems for Discussion and Solution84
Excerpts from Judicial Decisions85
Katz v. United States85
Illinois v. Gates87
United States v. Ross89
Mapp v. Ohio91
United States v. Leon92
Chapter 4Arrest, Interrogation, and Identification Procedures95
Investigatory Detention102
Roadblocks and Sobriety Checkpoints106
Requests for Information or Identification108
Interrogation and Confessions109
Identification Procedures113
Problems for Discussion and Solution118
Excerpts from Judicial Decisions119
Tennessee v. Garner119
Whren v. United States121
Miranda v. Arizona123
New York v. Quarles126
United States v. Wade128
Chapter 5The Pretrial Process131
The Right to Counsel132
Disposition of Petty Offenses137
The Initial Court Appearance137
Pretrial Release and Pretrial Detention138
The Formal Charging Process141
The Grand Jury143
Jurisdiction and Venue146
Joinder and Severance147
Pretrial Motions150
Plea Bargaining153
Availability of Compulsory Process155
Pretrial Discovery155
The Right to a Speedy Trial158
Problems for Discussion and Solution161
Excerpts from Judicial Decisions162
Scott v. Illinois162
United States v. Salerno164
United States v. Calandra166
Boykin v. Alabama168
Bordenkircher v. Hayes169
Chapter 6The Criminal Trial172
Constitutional Rights Pertaining to the Criminal Trial173
Selection of the Jury177
Free Press Versus Fair Trial182
"Order in the Court"184
The Rules of Evidence186
The Trial Process196
Problems for Discussion and Solution208
Excerpts from Judicial Decisions209
Williams v. Florida209
Batson v. Kentucky211
Jackson v. State214
Chapter 7Sentencing and Punishment217
Contemporary Forms of Criminal Punishment220
The Death Penalty224
The Sentencing Stage of the Criminal Process232
Granting and Revoking Probation237
Statutory Approaches to Incarceration239
The Rights of Prisoners245
The Rights of Crime Victims249
Problems for Discussion and Solution253
Excerpts from Judicial Decisions253
Furman v. Georgia253
Gregg v. Georgia257
Payne v. Tennessee259
Apprendi v. New Jersey262
Koon v. United States265
Chapter 8Appeal and Postconviction Relief268
Appeal of Right269
The Appellate Process274
Postconviction Relief281
Nonjudicial Remedies Available to Persons Convicted of Crimes286
Problems for Discussion and Solution290
Excerpts from Judicial Decisions290
Douglas v. California290
Felker v. Turpin292
Appendix AAccess to the Law Through Legal Research296
The Nature of Legal Research296
Primary Legal Sources296
Secondary Sources305
Computerized Legal Research310
How to Research a Specific Point of Law311
Appendix BThe Constitution of the United States of America314
Table of Cases355

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