Modern Criminal Procedure/Basic Criminal Procedure/Advanced Criminal Procedure : 2005 Supplement to Eleventh Editions

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ISBN: 9780314162168 | 031416216X
Cover: Paperback
Copyright: 8/16/2005

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With judicious selection and editing of cases and an intelligent use of literature, Criminal Procedure supplements Modern Criminal Procedure, Basic Criminal Procedure, and Advanced Criminal Procedure. For many years the Kamisar/LaFave/Israel teaching materials have dominated the field, the outstanding work of three nationally recognized authorities on the subject. The addition of Professor King as an author has only heightened the prestige of the text.

Preface	p. iii
Acknowledgments	p. v
Table of Cases	p. xi
Introduction
The Nature and Scope of Fourteenth Amendment Due Process; Retroactivity; The Federal "Supervisory Power"; State Rights Protections	p. 1
1 The "Ordered Liberty"-"Fundamental Fairness," "Total Incorporation" and "Selective Incorporation" Theories	p. 1
Roper v. Simmons	p. 1
7 Enforcement of Treaty Obligations	p. 4
Medellin v. Dretke	p. 4
Some General Reflections on Law Enforcement Officials, the Legislatures, the Courts and the Criminal Process	p. 13
David H. Bayley-Law Enforcement and the Rule of Law: Is there a Tradeoff?	p. 13
David A. Harris-Good Cops	p. 16
The Right to Counsel, "By Far The Most Pervasive" Right of the Accused; Equality and the Adversary System	p. 19
2 The Griffin-Douglas "Equality" Principle	p. 19
Halbert v. Michigan	p. 19
The Role of Counsel	p. 24
4 The Right to "Effective" Assistance of Counsel	p. 24
Rompilla v. Beard	p. 24
Police Practices
Arrest, Search and Seizure	p. 41
1 The Exclusionary Rule	p. 41
2 Protected Areas and Interests	p. 41
4 Search Warrants	p. 42
Muehler v. Mena	p. 42
5 Warrantless Arrests and Searches of the Person	p. 43
Town of Castle Rock v. Gonzales	p. 44
Donald A. Dripps, The Fourth Amendment and the Fallacy of Composition: Determinacy Versus Legitimacy in a Regime of Bright-Line Rules	p. 45
8 Stop and Frisk	p. 46
9 Administrative Inspections and Regulatory Searches: More on Balancing the Need Against the Invasion of Privacy	p. 47
Ronald M. Gould & Simon Stern, Catastrophic Threats and the Fourth Amendment	p. 47
10 Consent Searches	p. 48
Wiretapping, Electronic Eavesdropping, the Use of Secret Agents to Obtain Incriminating Statements, and the Fourth Amendment	p. 49
2 Berger, Katz and the Legislation That Followed	p. 49
Police Interrogation and Confessions	p. 50
3 The Miranda "Revolution"	p. 50
State v. Sawyer	p. 50
United States v. Lewis	p. 51
Blake v. State	p. 51
5 The Patane and Seibert Cases: Is Physical Evidence or A "Second Confession" Derived from a Failure to Comply with the Miranda Rules Admissible? The Court's Answers Shed Light on Dickerson	p. 53
6 The "Due Process"-"Voluntariness" Test Revisited	p. 54
State v. Swanigan	p. 54
Saul M. Kassin, Christian A. Meissner & Rebecca J. Norwick, "I'd Know a False Confession if I Saw One": A Comparative Study of College Students and Police Investigators	p. 54
State v. Harris	p. 56
Mark A. Godsey-Rethinking the Involuntary Confession Rule: Toward A Workable Test For Identifying Compelled Self-Incrimination	p. 57
7 Massiah Revisited; Massiah and Miranda Compared and Contrasted	p. 60
Lineups, Showups and Other Pretrial Identification Procedures	p. 61
1 Wade and Gilbert: Constitutional Concern About the Dangers Involved in Eyewitness Identifications	p. 61
Steve Bogira, Courtroom 302	p. 61
Grand Jury Investigations	p. 63
2 Fourth Amendment Challenges to the Investigation	p. 63
The Scope of the Exclusionary Rules	p. 65
2 The "Fruit of the Poisonous Tree"	p. 65
United States v. Pulliam	p. 65
United States v. Fellers	p. 68
The Commencement of Formal Proceedings
Pretrial Release	p. 73
1 The Right to Bail: Pretrial Release Procedures	p. 73
The Decision Whether to Prosecute	p. 74
1 The Office of Prosecutor and the Nature of the Decision Whether to Prosecute	p. 74
Bruce A. Green & Fred C. Zacharias -Prosecutorial Neutrality	p. 74
2 Some Views on Discretion in the Criminal Process and the Prosecutor's Discretion in Particular	p. 75
Grand Jury Review	p. 76
1 The Role of Grand Jury Review	p. 76
4 Misconduct Challenges	p. 76
United States v. Navarro-Vargas	p. 76
The Scope of the Prosecution: Joinder and Severance of Offenses and Defendants	p. 91
2 Failure to Join Related Offenses	p. 91
The Adversary System and the Determination of Guilt or Innocence
Coerced, Induced, and Negotiated Guilty Pleas; Professional Respon-Sibility	p. 92
1 Some Views of Negotiated Pleas	p. 92
Steve Bogira, Courtroom 302	p. 93
2 Expectations	p. 93
3 Professional Responsibility; The Role of Prosecutor and Defense Counsel	p. 93
4 Receiving the Defendant's Plea; Plea Withdrawal	p. 93
Steve Bogira, Courtroom 302	p. 94
Trial by Jury	p. 95
1 Right to Jury Trial	p. 95
2 Jury Selection	p. 95
Miller-El v. Dretke	p. 97
Steve Bogira, Courtroom 302	p. 99
The Criminal Trial	p. 103
1 Presence of the Defendant	p. 103
Deck v. Missouri	p. 103
2 The Defendant's Right to Remain Silent and to Testify	p. 110
4 Submitting the Case to the Jury	p. 110
5 Deliberations and Verdict	p. 111
Sentencing	p. 112
2 Allocating and Controlling Sentencing Discretion	p. 112
Appeals, Post-Conviction Review
Appeals	p. 116
1 The Defendant's Right to Appeal	p. 116
3 Prosecution Appeals	p. 116
Post-Conviction Review: Federal Habeas Corpus	p. 117
2 Issues Cognizable	p. 117
6 Late or Successive Petitions	p. 117
Appendices
Selected Provisions of the United States Constitution	p. 118
Selected Federal Statutory Provisions	p. 121
Federal Rules of Criminal Procedure for the United States District Courts	p. 193
Pending Amendments to Federal Rules of Criminal Procedure	p. 253
Proposed Amendments to Federal Rules of Criminal Procedure	p. 256
Table of Contents provided by Ingram. All Rights Reserved.

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Modern Criminal Procedure/Basic Criminal Procedure/Advanced Criminal Procedure : 2005 Supplement to Eleventh Editions

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Modern Criminal Procedure/Basic Criminal Procedure/Advanced Criminal Procedure : 2005 Supplement to Eleventh Editions

Summary

Table of Contents

Supplemental Materials

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