Constitutional Law for the Criminal Justice Professional

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ISBN: 9780849311550 | 0849311551
Cover: Hardcover
Copyright: 3/16/1999

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Written in a simple, straightforward manner, this book will help today's criminal justice student better understand con law issues as well as the complicated development of constitutional rights and law. In its simple, easy to understand format, this book is a must for both current criminal justice professionals and students studying to enter the profession.Constitutional Law for the Criminal Justice Professional covers search and seizure, arrest and civil rights as well as the judiciary, first amendment, due process and the judicial system. By an author with more than ten years experience as a police officer, another seven years as an attorney (both prosecuting and defending criminal cases), and more than seven years teaching law, this book is a valuable source of knowledge and understanding. It helps today's criminal justice student and professional be better prepared for tomorrow's needs.

Section One: Introduction to Constitutional Law

Why is the Constitution So Important?

Foundations of the Term ``Constitution''

(1)

Development of the Term

(1)

The Constitution as a Paradigm

(3)

A Brief History of the U.S. Constitution

The Idea of a Constitution

(3)

The English Charters

(2)

The Colonial Charters

(1)

Americans and the Revolution

(2)

The New Government

(3)

The Articles of Confederation

(1)

The Post-War Rebellions

(2)

The Early Conventions

(2)

The Philadelphia Convention

(6)

Preparing for the Convention

(1)

The Beginning of the Convention

(2)

The Virginia Plan

(1)

The Pinckney Plan

(1)

The Debates

(3)

The Campaign for Ratification

(2)

Adding the First Amendments

(4)

Section Two: Article III --- The Judiciary

Organization of the Courts

Creating the Federal System

(1)

One Supreme Court

(2)

The Inferior Courts

(3)

Creation of the Courts

(1)

Abolition of Courts

(1)

Compensation of Judges

(1)

Courts of Specialized Jurisdiction

(1)

Bankruptcy Courts

(2)

Judicial Power

Characteristics and Attributes of Judicial Power

(1)

``Shall Be Vested''

(3)

Getting into Federal Court

(1)

Choosing between State and Federal Court

(2)

The Power of Contempt

(1)

Sanctions Other Than Contempt

(1)

Power to Issue Writs: The Act of 1789

(1)

Habeas Corpus: Congressional and Judicial Control

(1)

Habeas Corpus: The Process of the Writ

(2)

Judicial Review

The Establishment of Judicial Review

(2)

Marbury v. Madison

(1)

Judicial Review and National Supremacy

(1)

Limitations on the Exercise of Judicial Review

(8)

Constitutional Interpretation

(2)

The Doctrine of ``Strict Necessity''

(1)

Presumption of Constitutionality

(1)

Stare Decisis in Constitutional Law

(5)

Section Three: First Amendment---Religion and Expression

Religion: An Overview

Introduction

(2)

Early Work by the Founders

(1)

Shaping an Amendment

(1)

Early Challenges to the Amendment

(1)

``Establishment of Religion''

(5)

Financial Assistance to Church-Related Institutions

(2)

Government Encouragement of Religion in Public Schools

(2)

Development of Other Legal Standards

(2)

Government Neutrality in Religious Disputes

(2)

Sunday Closing Laws

(3)

Free Exercise of Religion

(8)

The Belief-Conduct Distinction

(1)

Government Restrictions on Conduct

(6)

Freedom of Expression: Speech and Press

Introduction

(4)

Adoption and the Common Law Background

(3)

Is There a Difference between Speech and Press?

(1)

The Doctrine of Prior Restraint

(1)

Injunctions and the Press in Fair Trial Cases

(1)

Obscenity and Prior Restraint

(1)

Subsequent Punishment: ``Clear and Present Danger'' and Other Tests

(10)

``Clear and Present Danger''

(2)

The Adoption of ``Clear and Present Danger''

(1)

``Clear and Present Danger'' Revised: The Dennis Case

(1)

Balancing the Speech and the Restriction

(1)

Other Tests and Standards

(1)

The Present Test

(3)

Rights of Assembly and Petition

Background and Development

(6)

Section Four: Fourth Amendment---Search and Seizure

The History and Application of the Fourth Amendment

History of the Amendment

(2)

Application of the Amendment

101

(8)

Search without a Warrant

101

(2)

Who is Protected under the Amendment?

103

(1)

The Interest Protected

103

(6)

Arrests and Other Detentions

What is a Seizure?

109

(1)

Detention Short of Arrest: Stop-and-Frisk

110

(5)

Searches and Seizures Pursuant to Warrant

Introduction

115

(1)

Issuance by Neutral Magistrate

115

(1)

Probable Cause

116

(2)

Particularity

118

(1)

First Amendment Bearing on Probable Cause and Particularity

118

(2)

Property Subject to Seizure

120

(3)

Execution of Warrants

Knock and Announce

123

(2)

Timeliness

125

(1)

Third Parties on the Premises

125

(2)

Warrantless Searches and Exceptions to the Warrant Requirements

Introduction

127

(1)

Search Incident to Arrest

127

(3)

Vehicular Searches

130

(2)

Vessel Searches

132

(1)

Consent Searches

133

(1)

Border Searches

134

(1)

Open Fields

135

(2)

Plain View

137

(1)

Public Schools

137

(1)

Government Offices

138

(1)

Prisons and Regulation of Probation

138

(1)

Drug Testing

139

(4)

Electronic Surveillance under the Fourth Amendment

Development of the Early Standard

143

(2)

Evolution to a Modern Standard of Judicial Scrutiny

145

(1)

Warrantless ``National Security'' Electronic Surveillance

146

(3)

Enforcing the Fourth Amendment

The Exclusionary Rule

149

(1)

The Foundations of the Exclusionary Rule

150

(1)

Narrowing Application of the Exclusionary Rule

151

(1)

Alternatives to the Exclusionary Rule

152

(5)

Section Five: Fifth Amendment---Rights of Persons

Indictment

Grand Jury

Developing a Right

157

(3)

Indictment and Infamous Crimes

160

(3)

Double Jeopardy

Development and Scope

163

(1)

Jeopardy at Pretrial Proceedings

164

(1)

Concurrent and Overlapping Jurisdictions

164

(1)

Subsequent Prosecution Following Mistrial

165

(3)

Subsequent Prosecution Following Acquittal

168

(1)

Reprosecution Following Conviction

169

(1)

Sentence Increases

170

(1)

Double Jeopardy and ``the Same Offense''

170

(2)

Two or More Victims

172

(5)

Self-Incrimination

Development and Scope

177

(1)

Application of the Privilege: Corporations and Non-Human Legal Entities

178

(1)

Application of the Privilege: Persons

178

(1)

The Power to Compel Testimony and Disclosure: Immunity

179

(2)

Required Records Doctrine

181

(2)

Confessions and Police Interrogation: Initial Application of Due Process

183

(1)

The Common-Law Rule

184

(1)

State Confession Cases

184

(7)

Self-Incrimination: From Voluntariness Standard to Miranda

Introduction

191

(1)

Miranda v. Arizona: The Case

192

(2)

Other Interpretations of Miranda

194

(3)

Assertion of the Rights and Application of the Warnings

197

(3)

Procedure in the Trial Courts

200

(5)

Due Process under the Fifth Amendment

History of the Protection

205

(1)

Scope of the Guaranty

206

(1)

Procedural Due Process

207

(1)

Substantive Due Process

208

(5)

Section Six: Sixth Amendment---Rights of Accused in Criminal Prosecutions

Speedy Public Trial

Coverage

213

(1)

Right to a Speedy and Public Trial

213

(3)

Source and Rationale

213

(1)

Application and Scope

214

(1)

When the Right is Denied

215

(1)

Public Trial

216

(3)

Right to Trial by Impartial Jury

Development of the Right

219

(1)

The Attributes of the Jury

219

(1)

Criminal Proceedings to Which the Guarantee Applies

220

(1)

Impartial Jury

221

(5)

Place of Trial: Selecting a Jury of the Vicinage

226

(3)

Right of Notification and Confrontation

Notice of Accusation

229

(1)

Confrontation

230

(3)

Compulsory Process

233

(2)

Assistance of Counsel

Development of an Absolute Right to Counsel at Trial

235

(2)

Protection of the Right to Retained Counsel

237

(1)

Effective Assistance of Counsel

238

(1)

Right to Self-Representation

238

(1)

Right to Assistance of Counsel in Nontrial Situations

239

(7)

Judicial Proceedings before Trial

239

(1)

Pre-Charge Issues: Custodial Interrogation

240

(4)

Lineups and Other Identification Situations

244

(2)

Post-Conviction Proceedings

246

(1)

Noncriminal and Investigatory Proceedings

246

(5)

Section Seven: Eighth Amendment---Further Guarantees in Criminal Cases

Excessive Bail

Introduction

251

(1)

Standards of Bail

251

(6)

Cruel and Unusual Punishments

Excessive Fines

257

(1)

Standards for Cruel and Unusual Punishment

257

(1)

Interpretation of the Amendment

258

(1)

Defining ``Cruel and Unusual Punishments''

258

(2)

Specific Issues in Capital Punishment

260

(8)

Capital Punishment for Other Offenses: Rape and Non-Murder Cases

264

(1)

Felony Murder

265

(1)

Race

266

(1)

Execution of the Insane

266

(1)

Mentally Retarded

267

(1)

Juveniles

267

(1)

Procedural Delay

268

(1)

Proportionality

269

(6)

Other Issues under the Eighth Amendment

Convictions Based on Status

275

(1)

Prisons and Punishment

276

(1)

Limitation of the Clause to Criminal Punishments

277

(4)

Section Eight: Fourteenth Amendment---Due Process and Equal Protection

Due Process of Law

The Development of Substantive Due Process

281

(2)

Police Power Defined and Limited

283

(1)

Health, Safety, and Morals

283

(4)

Procedural Due Process

Introduction

287

(1)

The Elements of Due Process: Definiteness

287

(2)

Statutory Notice

289

(1)

Entrapment

290

(1)

Criminal Identification Process

291

(1)

Initiation of the Prosecution

292

(1)

Fair Trial

292

(1)

Guilty Pleas

293

(1)

Prosecutorial Misconduct

294

(1)

Sentencing

295

(4)

Appendix A The Constitution of the United States of America

299

(12)

Appendix B Amendments to the Constitution of the United States of America

311

(10)

Case Listing

321

(4)

Index

325

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Constitutional Law for the Criminal Justice Professional

Summary

Table of Contents

Supplemental Materials