Criminal Procedure,9780534525835

Criminal Procedure

by ;
Edition: 3rd
ISBN13: 9780534525835
ISBN10: 0534525830
Format: Paperback
Pub. Date: 2002-07-30
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 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.

Table of Contents

Preface ix
PART I Legal Foundations of Criminal Justice 1(48)
Fundamentals of Criminal Law and Procedure
2(24)
Introduction
3(1)
What Is a Crime?
4(3)
Civil and Criminal Law
7(1)
The Origins and Sources of the Criminal Law
7(5)
Constitutional Limitations on the Criminal Justice System
12(1)
Stages in the Criminal Process
13(7)
Criminal Punishment
20(3)
Conclusion
23(1)
Key Terms
23(1)
Web-Based Research Activity
24(1)
Questions for Thought and Discussion
24(2)
Organization of the Criminal Justice System
26(23)
Introduction
27(1)
Legislatures
27(3)
Law Enforcement Agencies
30(2)
Prosecutorial Agencies
32(2)
Defense Attorneys
34(1)
Juries
35(1)
The Courts
36(7)
The Juvenile Justice System
43(1)
The Corrections System
44(3)
Conclusion
47(1)
Key Terms
47(1)
Web-Based Research Activity
48(1)
Questions for Thought and Discussion
48(1)
PART II Law Enforcement and Criminal Procedure 49(247)
Search and Seizure
50(45)
Introduction
51(1)
Historical Background
51(2)
When, Where, and to Whom the Fourth Amendment Applies
53(5)
The Scope of Privacy Protected by the Fourth Amendment
58(3)
The Warrant Requirement
61(8)
Exceptions to the Warrant Requirement
69(5)
Exceptions to the Probable Cause Requirement
74(3)
Technology and the Fourth Amendment
77(2)
The Exclusionary Rule
79(3)
Conclusion
82(1)
Key Terms
83(1)
Web-Based Research Activity
83(1)
Questions for Thought and Discussion
84(1)
Problems for Discussion and Solution
84(1)
Excerpts from Judicial Decisions
85(10)
Katz v. United States
85(2)
Illinois v. Gates
87(2)
United States v. Ross
89(2)
Mapp v. Ohio
91(1)
United States v. Leon
92(3)
Arrest, Interrogation, and Identification Procedures
95(36)
Introduction
96(1)
Arrest
97(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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