Criminal Procedure : A Contemporary Perspective

, by Acker, James R.; Brody, David C., Ph.D.

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ISBN: 9780763731694 | 0763731692
Cover: Hardcover
Copyright: 1/1/2004

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This essential resource provides students with an introduction to the rules and principles of criminal procedure law. This text uses a case study approach to help students develop the analytical skills necessary to understand the origins, context, and evolutions of the law; concentrates on US Supreme Court decisions interpreting both state and federal constitutions; and introduces students to the reference materials and strategies used for basic legal research.

Table of Cases

Preface

Acknowledgements

xvii

The Law of Criminal Procedure: Of Means and Ends

(24)

The Challenges of Criminal Procedure Law

(2)

Criminal Procedure Law in Action: A Case Study

(9)

Briefing a Case

(1)

In the U.S. Supreme Court: Brewer v. Williams

(8)

Additional Means-Ends Problems

(11)

``The Dirty Harry Problem''

(2)

Carl B. Klockars

Leon v. State

(2)

Brown v. Mississippi

(2)

Rochin v. California

(1)

Herbert L. Packer, The Limits of the Criminal Sanction

(4)

Conclusion

(2)

Building Blocks for the Study of Criminal Procedure Law

(22)

On Courts and Constitutions: State and Federal Relationships

(17)

The State and Federal Court Systems

(9)

The Bill of Rights of the U.S. Constitution and Its Application to the States

(5)

The New Federalism: State Constitutions and Criminal Procedure Law

(2)

A Word about Legal Research Techniques

(3)

Legal Research Notes

(2)

Conclusion

(2)

The Law of Search and Seizure

(171)

On ``Searches,'' ``Seizures,'' and Warrant Requirements

(31)

Searches and Reasonable Expectations of Privacy

(25)

Seizures: Possessory Interests

(2)

The General Interests Protected by the Warrant Clause

(4)

The Exclusionary Rule

(24)

Origins and Evolution of the Exclusionary Rule

(6)

The Good-Faith Exception to the Exclusionary Rule

(10)

Fruit of the Poisonous Tree

(4)

Inevitable Discovery

100

(3)

Standing

103

(9)

Arrest and ``Stop and Frisk''

112

(42)

Arrests

112

(11)

Stop and Frisk

123

(31)

The Search Warrant ``Requirement''

154

(18)

Probable Cause to Search

155

(9)

The Particularity Requirement

164

(2)

Execution of a Search Warrant

166

(6)

Exceptions to the Warrant ``Requirement''

172

(44)

Search Incident to Lawful Arrest

172

(10)

Consent Searches

182

(7)

Hot Pursuit and Other Exigencies

189

(4)

Plain View

193

(7)

The Automobile Exception and Inventory ``Searches''

200

(16)

Conclusion

216

(2)

Interrogation, Confessions, and Self-Incrimination

218

(117)

The Road to Miranda v. Arizona

220

(6)

Involuntary Confessions

220

(2)

The McNabb-Mallory Rule

222

(2)

The Right to Counsel: Massiah and Escobedo

224

(2)

Miranda and Its Progeny

226

(94)

Miranda v. Arizona

226

(12)

``In Custody''

238

(8)

Interrogation

246

(5)

The Miranda Warnings

251

(2)

Invocation of the Miranda Rights

253

(13)

The Waiver of Miranda Rights

266

(24)

Impeachment

290

(7)

``Voluntariness'' Revisited

297

(12)

The Public Safety Exception

309

(6)

Nontestimonial Evidence

315

(5)

The Sixth Amendment Right to Counsel and Its Application to Confessions

320

(14)

The Meaning of ``Deliberately Elicit''

322

(6)

Invocation and Waiver of the Sixth Amendment Right to Counsel

328

(6)

Conclusion

334

(1)

Eyewitness Identification

335

(37)

The Right to Counsel at Pretrial Identification Procedures

336

(17)

United States v. Wade

336

(5)

Kirby v. Illinois

341

(4)

United States v. Ash

345

(8)

The Due-Process Approach

353

(11)

Manson v. Brathwaite

353

(11)

Expert Testimony Regarding Eyewitness Identification

364

(7)

State v. Chapple

364

(7)

Conclusion

371

(1)

The Pretrial Process

372

(32)

The Initial Appearance

372

(5)

Bail and Preventive Detention

377

(8)

Preliminary Hearings

385

(3)

Grand Jury Proceedings

388

(15)

Composition of the Grand Jury

388

(9)

Evidence Presented to the Grand Jury

397

(6)

Conclusion

403

(1)

The Prosecutor and the Adversarial System

404

(27)

The Prosecutor's Duty to Do Justice

404

(1)

The Prosecutor's Charging Discretion

405

(11)

Selective Prosecution

406

(4)

Vindictive Prosecutions

410

(6)

Perjured Testimony and Exculpatory Evidence: The Prosecutor's Duty

416

(14)

The Knowing Use of Perjured Testimony

416

(1)

The Duty To Disclose Evidence Material to the Defense

417

(9)

Is There a Duty for the Police to Preserve Potentially Exculpatory Evidence?

426

(4)

Conclusion

430

(1)

The Accused's Right to Counsel

431

(51)

The Right to Counsel: Trial and Beyond

432

(27)

The Road to Gideon

432

(5)

The Right to Court-Appointed Trial Counsel: Beyond Gideon

437

(9)

Does the Right to Court-Appointed Counsel Extend Beyond Trial?

446

(7)

A Right of Self-Representation?

453

(6)

The Role of Defense Counsel: Obligations and Limits

459

(22)

Zealous Advocacy

459

(5)

Guilty Clients and Hard Questions

464

(8)

Ineffective Assistance of Counsel

472

(9)

Conclusion

481

(1)

Guilty Pleas and Plea Bargaining

482

(18)

The Guilty Plea and the Constitution

483

(2)

Boykin v. Alabama

483

(2)

Alford Pleas and the ``Innocent'' Defendant

485

(3)

North Carolina v. Alford

485

(3)

Plea Bargaining and the Constitution

488

(6)

Brady v. United States

489

(5)

Broken Promises

494

(3)

Santobello v. New York

494

(3)

The Scope of Prosecutorial Discretion in Plea Bargaining

497

(2)

Kipnis, ``Plea Bargaining: A Critic's Rejoinder''

498

(1)

Conclusion

499

(1)

The Adjudication Process

500

(93)

The Right to a Speedy Trial

502

(11)

United States v. Marion

502

(4)

Barker v. Wingo

506

(3)

Doggett v. United States

509

(4)

Competency to Stand Trial

513

(3)

Cooper v. Oklahoma

513

(3)

The Burden of Persuasion

516

(3)

In re Winship

516

(3)

Trial by Jury

519

(35)

The Right to an Impartial Jury: Pretrial Publicity

526

(10)

Jury Selection

536

(13)

Size of the Trial Jury

549

(2)

Is a Unanimous Verdict Required?

551

(1)

Burch v. Louisiana

552

(2)

Testimonial Rights of the Defendant

554

(6)

The Right to Refrain from Testifying

554

(4)

The Right to Testify

558

(2)

Confrontation and Cross-Examination

560

(13)

``Face-to-Face'' Confrontation

560

(6)

Cross-Examination as a Means of Confrontation

566

(4)

The Defendant's Right to Be Present during the Trial

570

(3)

Double Jeopardy

573

(18)

Multiple Prosecutions for the Same Offense

573

(13)

Multiple Punishments for a Single Offense

586

(3)

The Dual-Sovereignty Doctrine

589

(2)

Conclusion

591

(2)

Appendix A Legal Research Guide

593

(28)

Appendix B Select Provisions of the U.S. Constitution

621

(2)

Index

623

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Criminal Procedure : A Contemporary Perspective

Summary

Table of Contents

Supplemental Materials