This contemporary, comprehensive, case-driven book from award-winning teacher Matthew Lippman covers the constitutional foundation of criminal procedure and includes numerous cases selected for their appeal to today’s students. Organized around the challenge of striking a balance between rights and liberties, Criminal Procedure, Fourth Edition emphasizes diversity and its impact on how laws are enforced. Built-in learning aids, including You Decide scenarios, Legal Equations, and Criminal Procedure in the News features, engage students and help them master key concepts. Fully updated throughout, the Fourth Edition includes today’s most recent legal developments and decisions.
Features and Benefits
- A chapter-opening vignette drawn from a case in the chapter gets students immediately involved in the content that follows.
- Test Your Knowledge questions at the beginning of each chapter help students activate prior knowledge read with purpose for topics they don't yet know.
- Edited cases introduced by clear and accessible descriptions provide students with concrete examples and illustrations and expose them to the actual documents that have shaped the American criminal justice system. Additional edited cases are available on the student study website.
- Legal Equations offer visual overviews of the laws and concepts discussed in the text.
- Questions after each case reinforce learning and help students uncover the key points.
- Criminal Procedure in the News excerpts expose students to contemporary developments in the law through current events.
- Chapter Summaries and Chapter Review Questions help students prepare for exams.
- A chapter-ending Legal Terminology section with corresponding Glossary helps students master the vocabulary of the criminal justice system.
New to this Edition
- A number of significant, new U.S. Supreme Court decisions are now cases discussed in the book, such as United States v. Carpenter, which raised important questions around police use of new technology. Other new cases address important issues including privacy, racial discrimination, and effective assistance of counsel, search and seizure, juries, plea bargaining, the exclusionary rule, pretrial motions, and habeas corpus.
- Features. The content includes a new Test Your Knowledge feature and a number of new You Decide and Criminal Procedure in the News features that explore crucial topics such as police use of deadly force, the second amendment and gun control, a defendant’s right to a bail, racial bias in jury deliberations, searches of electronic devices, and much more.
- Topics. Several new topics have been added or expanded to reflect their growing impact on criminal procedure. These topics include technology and the home, police use of cell-site location information and body cameras, patterns and trends of Terry stops in major cities across the US, individuals being arrested for “Walking While Black,” racial bias in the judiciary, and the impact of the policies of the Trump administration on the use of drones, the detention of undocumented immigrants, and the continued operation of the detention facilities at Guantanamo.
|Edition description:||Third Edition|
|Product dimensions:||8.50(w) x 10.90(h) x 1.10(d)|
About the Author
Matthew Lippman has taught criminal law and criminal procedure in the Department of Criminology, Law, and Justice at the University of Illinois at Chicago (UIC) for more than thirty years. He has also taught courses on civil liberties, law and society, and terrorism and teaches international criminal law at John Marshall Law School in Chicago. He earned a doctorate in political science from Northwestern University and a master of laws from Harvard Law School, and he is a member of the Pennsylvania Bar.
He has been voted by the graduating seniors at UIC to receive the Silver Circle Award for outstanding teaching on six separate occasions and has also received the UIC Flame Award from the University of Illinois Alumni Association, as well as the Excellence in Teaching Award, the Teaching Recognition (Portfolio) Award, and the Honors College Fellow of the Year Award and the HOPE teaching award. The UIC chapter of Alpha Phi Sigma, the criminal justice honors society, named him “criminal justice professor of the year” on three occasions. He is also recognized in Who’s Who Among America’s Teachers. In 2008, he was recognized as College of Liberal Arts and Sciences Master Teacher. In 2012, Professor Lippman was honored by being named commencement “Marshal” by the College of Liberal Arts and Sciences. He has served in every major administrative position in the Department of Criminology, Law, and Justice, including department head, director of undergraduate studies, and director of graduate studies.
Professor Lippman is author of more than one hundred articles and five books. These publications focus on criminal law and criminal procedure, international human rights, and comparative law. He also is the author of five other SAGE texts, Contemporary Criminal Law: Concepts, Cases, and Controversies (5th ed.); Essential Criminal Law (2nd ed.); Law and Society (2nd ed.); Criminal Evidence and Striking the Balance: Debating Criminal Justice and Law. His work is cited in hundreds of academic publications and by international courts and organizations.He has also served on legal teams appearing before the International Court of Justice in The Hague, has helped draft numerous briefs submitted to federal courts and to the U.S. Supreme Court, has testified as an expert witness on international law before numerous state and federal courts, and has consulted with both private organizations and branches of the U.S. government. He regularly appears as a radio and television commentator and is frequently quoted in leading newspapers.
Table of Contents
1. An Introduction to Criminal Procedure Introduction Criminal Law and Criminal Procedure Balancing Security and Rights The Objectives of Criminal Procedure The Criminal Justice Process Sources of the Law of Criminal Procedure The Structure of the Federal and State Court Systems Precedent Judicial Philosophy Law in Action and Law on the Books2. The Sources of Criminal Procedure Introduction The Sources of Criminal Procedure The U.S. Constitution The U.S. Supreme Court State Constitutions and Court Decisions Federal and State Statutes Rules of Criminal Procedure A Model Code of Pretrial Procedure The Development of Due Process The Fourteenth Amendment Fundamental Fairness Total Incorporation Selective Incorporation Equal Protection The Impact of Supreme Court Decisions Two Models of Criminal Procedure Why Criminal Procedure Matters3. Searches and Seizures Introduction The Historical Background of the Fourth Amendment Searches Informants and Electronic Eavesdropping Plain View Expectation of Privacy Open Fields and Curtilage Curtilage and Aerial Surveillance Public Places and Private Businesses Abandoned Property Technology and the Home Technology and Cell-Site Location Information Seizures of Persons4. Stop and Frisk Introduction Reasonable Suspicion Informants and Hearsay Drug Courier Profiles Race and Reasonable Suspicion The Scope and Duration of a Terry Stop Frisks5. Probable Cause and Arrests Introduction Arrests Probable Cause Reasonableness and Arrests Probable Cause, Warrants, and the Courts Arrests and Warrants Arrests in the Home Exigent Circumstances Deadly Force and Arrests Nondeadly Force Misdemeanor Arrests and Citations6. Searches and Seizures of Property Introduction Search Warrants Knock and Announce Warrantless Searches Searches Incident to an Arrest Searches Incident to an Arrest and the Contemporaneous Requirement Searches of the Area of Immediate Control and Automobiles Misdemeanors and Searches Incident to an Arrest Pretext Arrests and Searches Incident to an Arrest Consent Searches The Scope of a Consent Search Withdrawal of Consent Third-Party Consent Probable Cause Searches of Motor Vehicles Probable Cause Searches of Containers in Automobiles Other Warrantless Searches Inventories7. Inspections and Regulatory Searches Introduction Administrative Inspections Special-Needs Searches International Borders Motor Vehicle Checkpoints Airport Screening Workplace Drug Testing Searches in High Schools Probation and Parole Correctional Institutions8. Interrogations and Confessions Introduction Due Process The Mc Nabb–Mallory Rule Escobedo v. Illinois The Right Against Self-Incrimination Custodial Interrogation The Public Safety Exception The Miranda Warnings Invoking the Miranda Rights Waiver Waiver: Question First and Warn Later Waiver Following Invocation of the Miranda Rights Interrogation Sixth Amendment Right to Counsel: Police Interrogations9. Eyewitness and Scientific Identifications Introduction Wrongful Convictions and Eyewitness Identification The Sixth Amendment and Eyewitness Identifications The Sixth Amendment and Prearraignment Identifications The Sixth Amendment and Photographic Displays The Due Process Test Suggestiveness, Reliability, and the Totality of the Circumstances The Requirement of Police Involvement Scientific Identification DNA Evidence Polygraph Evidence10. The Exclusionary Rule and Entrapment Introduction The Exclusionary Rule Debating the Exclusionary Rule Invoking the Exclusionary Rule Exceptions to the Exclusionary Rule Does the Exclusionary Rule Deter Unreasonable Searches and Seizures? Entrapment11. Civil and Criminal Remedies for Constitutional Violations Introduction Civil Remedies Section 1983 Legal Actions Against Local and State Law Enforcement Officers 399 Color of State Law Violation of Federal Constitutional and Statutory Rights Individual Liability Under Section 1983 Absolute and Qualified Immunity The Affirmative Duty to Protect The Liability of Local Government Entities Under Section 1983 Injunctions Pattern or Practice of the Deprivation of Constitutional Rights State Tort Remedies Against Law Enforcement Officers Remedies for Constitutional Violations by Federal Law Enforcement Officers Criminal Prosecutions Administrative Remedies Internal Affairs External Review12. The Initiation of the Legal Process, Bail, and the Right to Counsel Introduction The Prosecutorial Discretion to Charge Pretrial Release Pretrial Detention Indigency and the Right to Counsel Right to Counsel and Critical Stages of Prosecution The Meaning of “All Criminal Prosecutions” Determining Indigency The Right to Select an Appointed Counsel The Right to Effective Legal Representation The Right to Self-Representation13. The Courtroom: The Pretrial and Trial Process Introduction Preliminary Hearing Grand Jury Arraignment Pretrial Motions Constitutional Right to a Jury Trial The Twelve-Member Jury Requirement Jury Selection Peremptory Challenges Challenges to Judges Public Trial The Trial Opening Statement Presentation of Evidence Confrontation Cross-Examination Hearsay Compulsory Process Burden of Proof Reasonable Doubt Closing Arguments Jury Instructions Jury Deliberations Jury Unanimity Jury Nullification Guilty Pleas14. Sentencing and Appeals Introduction A Brief History of Sentencing in the United States Criminal Punishment Purposes of Punishment Types of Punishment Approaches to Sentencing The Judicial Sentencing Process Sentencing Guidelines Determinate Sentences Cruel and Unusual Punishment Methods of Punishment Capital Punishment The Eighth Amendment and Sentences for a Term of Years The Eighth Amendment and Life Imprisonment for Juveniles Equal Protection Criminal Appeals Habeas Corpus15. Counterterrorism Introduction Electronic Surveillance Sneak-and-Peek Searches Information and Records Detention of Noncitizens Material Witness Warrants Monitoring of Attorney–Client Communications Watch List State Secrets Doctrine Drones Interrogations Military Commissions and Combatant Status Review Tribunals