Criminal Procedure / Edition 3

Criminal Procedure / Edition 3

by Matthew Lippman
ISBN-10:
1506306497
ISBN-13:
9781506306490
Pub. Date:
01/19/2016
Publisher:
SAGE Publications

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Overview

Criminal Procedure / Edition 3

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.

Product Details

ISBN-13: 9781506306490
Publisher: SAGE Publications
Publication date: 01/19/2016
Edition description: Third Edition
Pages: 656
Sales rank: 157,136
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 Books
2. 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 Matters
3. 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 Persons
4. Stop and Frisk
Introduction
Reasonable Suspicion
Informants and Hearsay
Drug Courier Profiles
Race and Reasonable Suspicion
The Scope and Duration of a Terry Stop
Frisks
5. 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 Citations
6. 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
Inventories
7. 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 Institutions
8. 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 Interrogations
9. 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 Evidence
10. 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?
Entrapment
11. 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 Review
12. 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-Representation
13. 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 Pleas
14. 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 Corpus
15. 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

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