Criminal Procedure
by Scheb, John M.; Scheb, II, John M.Edition: 2nd
Format: Paperback
Pub. Date: 1999-04-27
Publisher(s): Wadsworth Publishing
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Summary
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.
Table of Contents
| 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 |
| Table of Contents provided by Syndetics. All Rights Reserved. |
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