Criminal Procedure

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ISBN: 9780534525835 | 0534525830
Cover: Paperback
Copyright: 7/30/2002

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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 necessary 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. This is one of two "splits" of the combined CRIMINAL LAW AND PROCEDURE, 4th Edition text (© 2002) by the same authors.

Preface

PART I Legal Foundations of Criminal Justice

(48)

Fundamentals of Criminal Law and Procedure

(24)

Introduction

(1)

What Is a Crime?

(3)

Civil and Criminal Law

(1)

The Origins and Sources of the Criminal Law

(5)

Constitutional Limitations on the Criminal Justice System

(1)

Stages in the Criminal Process

(7)

Criminal Punishment

(3)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(2)

Organization of the Criminal Justice System

(23)

Introduction

(1)

Legislatures

(3)

Law Enforcement Agencies

(2)

Prosecutorial Agencies

(2)

Defense Attorneys

(1)

Juries

(1)

The Courts

(7)

The Juvenile Justice System

(1)

The Corrections System

(3)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

PART II Law Enforcement and Criminal Procedure

(247)

Search and Seizure

(45)

Introduction

(1)

Historical Background

(2)

When, Where, and to Whom the Fourth Amendment Applies

(5)

The Scope of Privacy Protected by the Fourth Amendment

(3)

The Warrant Requirement

(8)

Exceptions to the Warrant Requirement

(5)

Exceptions to the Probable Cause Requirement

(3)

Technology and the Fourth Amendment

(2)

The Exclusionary Rule

(3)

Conclusion

(1)

Key Terms

(1)

Web-Based Research Activity

(1)

Questions for Thought and Discussion

(1)

Problems for Discussion and Solution

(1)

Excerpts from Judicial Decisions

(10)

Katz v. United States

(2)

Illinois v. Gates

(2)

United States v. Ross

(2)

Mapp v. Ohio

(1)

United States v. Leon

(3)

Arrest, Interrogation, and Identification Procedures

(36)

Introduction

(1)

Arrest

(5)

Investigatory Detention

102

(4)

Roadblocks and Sobriety Checkpoints

106

(2)

Requests for Information or Identification

108

(1)

Interrogation and Confessions

109

(4)

Identification Procedures

113

(3)

Conclusion

116

(1)

Key Terms

117

(1)

Web-Based Research Activity

117

(1)

Questions for Thought and Discussion

117

(1)

Problems for Discussion and Solution

118

(1)

Excerpts from Judicial Decisions

119

(12)

Tennessee v. Garner

119

(2)

Whren v. United States

121

(2)

Miranda v. Arizona

123

(3)

New York v. Quarles

126

(2)

United States v. Wade

128

(3)

The Pretrial Process

131

(41)

Introduction

132

(1)

The Right to Counsel

132

(5)

Disposition of Petty Offenses

137

(1)

The Initial Court Appearance

137

(1)

Pretrial Release and Pretrial Detention

138

(3)

The Formal Charging Process

141

(2)

The Grand Jury

143

(2)

Extradition

145

(1)

Jurisdiction and Venue

146

(1)

Joinder and Severance

147

(3)

Pretrial Motions

150

(2)

Arraignment

152

(1)

Plea Bargaining

153

(2)

Availability of Compulsory Process

155

(1)

Pretrial Discovery

155

(3)

The Right to a Speedy Trial

158

(1)

Conclusion

159

(1)

Key Terms

159

(1)

Web-Based Research Activity

160

(1)

Questions for Thought and Discussion

160

(1)

Problems for Discussion and Solution

161

(1)

Excerpts form Judicial Decisions

162

(10)

Scott L. Illinois

162

(2)

United States v. Salerno

164

(2)

United States v. Calandra

166

(2)

Boykin v. Alabama

168

(1)

Bordenkircher v. Hayes

169

(3)

The Criminal Trial

172

(45)

Introduction

173

(1)

Constitutional Rights Pertaining to the Criminal Trial

173

(4)

Selection of the Jury

177

(5)

Free Press Versus Fair Trial

182

(2)

``Order in the Court''

184

(2)

The Rules of Evidence

186

(10)

The Trial Process

196

(10)

Conclusion

206

(1)

Key Terms

207

(1)

Web-Based Research Activity

207

(1)

Questions for Thought and Discussion

208

(1)

Problems for Discussion and Solution

208

(1)

Excerpts from Judicial Decisions

209

(8)

Williams v. Florida

209

(2)

Batson v. Kentucky

211

(3)

Jackson v. State

214

(3)

Sentencing and Punishment

217

(51)

Introduction

218

(2)

Contemporary Forms of Criminal Punishment

220

(4)

The Death Penalty

224

(8)

The Sentencing Stage of the Criminal Process

232

(5)

Granting and Revoking Probation

237

(2)

Statutory Approaches the Incarceration

239

(6)

The Rights of Prisoners

245

(4)

The Rights of Crime Victims

249

(1)

Conclusion

250

(1)

Key Terms

251

(1)

Web-Based Research Activity

252

(1)

Questions for Thought and Discussion

252

(1)

Problems for Discussion and Solution

253

(1)

Excerpts from Judicial Decision

253

(15)

Furman v. Georgia

253

(4)

Gregg v. Georgia

257

(2)

Payne v. Tennessee

259

(3)

Apprendi v. New Jersey

262

(3)

Koon v. United States

265

(3)

Appeal and Postconviction Relief

268

(28)

Introduction

269

(1)

Appeal of Right

269

(5)

The Appellate Process

274

(7)

Postconviction Relief

281

(5)

Nonjudicial Remedies Available to Persons Convicted of Crimes

286

(1)

Conclusion

287

(1)

Key Terms

288

(1)

Web-Based Research Activity

289

(1)

Questions for Thought and Discussion

289

(1)

Problems for Discussion and Solution

290

(1)

Excerpts from Judicial Decisions

290

(6)

Douglas v. California

290

(2)

Felker v. Turpin

292

(4)

APPENDIX A Access to the Law Through Legal Research

296

(18)

The Nature of legal Research

296

(1)

Primary legal Sources

296

(9)

Secondary Sources

305

(5)

Computerized Legal Research

310

(1)

How to Research a Specific Point of Law

311

(2)

Conclusion

313

(1)

APPENDIX B The Constitution of the United States of America

314

(14)

Glossary

328

(27)

Table of Cases

355

(4)

Index

359

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Criminal Procedure

Summary

Table of Contents

Supplemental Materials