Criminal Procedure

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ISBN: 9780534522940 | 0534522947
Cover: Paperback
Copyright: 4/27/1999

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The Scheb and Scheb author team bring a combined experience that is both practical and academic. The text covers all of the essential content in a manageable fashion and integrates the material logically. Utilizing extensive case material, this book covers the historical background of criminal procedure and has been thoroughly updated to include the latest Supreme Court decisions and other developments in criminal justice today. The text features a classic organization, and traditional presentation of case law, coupled with coverage of recent trends in law and procedure, and ample student pedagogy. The authors' combined legal and practical experience provides students with first-hand insights into the American legal system. This is one of two "splits" of the combined CRIMINAL LAW AND PROCEDURE, 5th Edition text ( 2005) by the same authors. This unique text offers an economical alternative in terms of length and price.

Preface	p. ix
Legal Foundations of Criminal Justice	p. 1
Fundamentals of Criminal Law and Procedure	p. 2
Introduction	p. 3
What Is a Crime?	p. 4
Civil and Criminal Law	p. 7
The Origins and Sources of the Criminal Law	p. 7
Constitutional Limitations on the Criminal Justice System	p. 12
Stages in the Criminal Process	p. 13
Criminal Punishment	p. 20
Organization of the Criminal Justice System	p. 26
Introduction	p. 27
Legislatures	p. 27
Law Enforcement Agencies	p. 30
Prosecutorial Agencies	p. 32
Defense Attorneys	p. 34
Juries	p. 35
The Courts	p. 36
The Juvenile Justice System	p. 43
The Corrections System	p. 44
Law Enforcement and Criminal Procedure	p. 49
Search and Seizure	p. 50
Introduction	p. 51
Historical Background	p. 51
When, Where, and to Whom the Fourth Amendment Applies	p. 53
The Scope of Privacy Protected by the Fourth Amendment	p. 58
The Warrant Requirement	p. 61
Exceptions to the Warrant Requirement	p. 69
Exceptions to the Probable Cause Requirement	p. 74
Technology and the Fourth Amendment	p. 77
The Exclusionary Rule	p. 79
Problems for Discussion and Solution	p. 84
Excerpts from Judicial Decisions	p. 85
Katz v. United States	p. 85
Illinois v. Gates	p. 87
United States v. Ross	p. 89
Mapp v. Ohio	p. 91
United States v. Leon	p. 92
Arrest, Interrogation, and Identification Procedures	p. 95
Introduction	p. 96
Arrest	p. 97
Investigatory Detention	p. 102
Roadblocks and Sobriety Checkpoints	p. 106
Requests for Information or Identification	p. 108
Interrogation and Confessions	p. 109
Identification Procedures	p. 113
Problems for Discussion and Solution	p. 118
Excerpts from Judicial Decisions	p. 119
Tennessee v. Garner	p. 119
Whren v. United States	p. 121
Miranda v. Arizona	p. 123
New York v. Quarles	p. 126
United States v. Wade	p. 128
The Pretrial Process	p. 131
Introduction	p. 132
The Right to Counsel	p. 132
Disposition of Petty Offenses	p. 137
The Initial Court Appearance	p. 137
Pretrial Release and Pretrial Detention	p. 138
The Formal Charging Process	p. 141
The Grand Jury	p. 143
Extradition	p. 145
Jurisdiction and Venue	p. 146
Joinder and Severance	p. 147
Pretrial Motions	p. 150
Arraignment	p. 152
Plea Bargaining	p. 153
Availability of Compulsory Process	p. 155
Pretrial Discovery	p. 155
The Right to a Speedy Trial	p. 158
Problems for Discussion and Solution	p. 161
Excerpts from Judicial Decisions	p. 162
Scott v. Illinois	p. 162
United States v. Salerno	p. 164
United States v. Calandra	p. 166
Boykin v. Alabama	p. 168
Bordenkircher v. Hayes	p. 169
The Criminal Trial	p. 172
Introduction	p. 173
Constitutional Rights Pertaining to the Criminal Trial	p. 173
Selection of the Jury	p. 177
Free Press Versus Fair Trial	p. 182
"Order in the Court"	p. 184
The Rules of Evidence	p. 186
The Trial Process	p. 196
Problems for Discussion and Solution	p. 208
Excerpts from Judicial Decisions	p. 209
Williams v. Florida	p. 209
Batson v. Kentucky	p. 211
Jackson v. State	p. 214
Sentencing and Punishment	p. 217
Introduction	p. 218
Contemporary Forms of Criminal Punishment	p. 220
The Death Penalty	p. 224
The Sentencing Stage of the Criminal Process	p. 232
Granting and Revoking Probation	p. 237
Statutory Approaches to Incarceration	p. 239
The Rights of Prisoners	p. 245
The Rights of Crime Victims	p. 249
Problems for Discussion and Solution	p. 253
Excerpts from Judicial Decisions	p. 253
Furman v. Georgia	p. 253
Gregg v. Georgia	p. 257
Payne v. Tennessee	p. 259
Apprendi v. New Jersey	p. 262
Koon v. United States	p. 265
Appeal and Postconviction Relief	p. 268
Introduction	p. 269
Appeal of Right	p. 269
The Appellate Process	p. 274
Postconviction Relief	p. 281
Nonjudicial Remedies Available to Persons Convicted of Crimes	p. 286
Problems for Discussion and Solution	p. 290
Excerpts from Judicial Decisions	p. 290
Douglas v. California	p. 290
Felker v. Turpin	p. 292
Access to the Law Through Legal Research	p. 296
The Nature of Legal Research	p. 296
Primary Legal Sources	p. 296
Secondary Sources	p. 305
Computerized Legal Research	p. 310
How to Research a Specific Point of Law	p. 311
Conclusion	p. 313
The Constitution of the United States of America	p. 314
Glossary	p. 328
Table of Cases	p. 355
Index	p. 359
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Criminal Procedure

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