Criminal Procedure,9780534616618

Criminal Procedure

by ;
Edition: 4th
ISBN13: 9780534616618
ISBN10: 0534616615
Format: Paperback
Pub. Date: 2005-01-19
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 viii
PART ONE Legal Foundations of Criminal Justice
1(48)
Fundamentals of Criminal Law and Procedure
2(23)
Introduction
3(1)
What Is a Crime?
4(3)
Civil and Criminal Law
7(1)
The Origins and Sources of the Criminal Law
8(4)
Constitutional Limitations on the Criminal Justice System
12(2)
Stages in the Criminal Process
14(6)
Criminal Punishment
20(5)
Conclusion
23(1)
Key Terms
24(1)
Web-Based Research Activity
24(1)
Questions for Thought and Discussion
24(1)
Organization of the Criminal Justice System
25(24)
Introduction
26(1)
Legislatures
26(3)
Law Enforcement Agencies
29(2)
Prosecutorial Agencies
31(2)
Counsel for the Defense
33(1)
Juries
34(1)
The Courts
35(7)
The Juvenile Justice System
42(1)
The Corrections System
43(6)
Conclusion
46(1)
Key Terms
46(1)
Web-Based Research Activity
47(1)
Questions for Thought and Discussion
47(2)
PART TWO Law Enforcement and Criminal Procedure
49(208)
Search and Seizure
50(40)
Introduction
51(1)
Historical Background
51(3)
When, Where, and to Whom the Fourth Amendment Applies
54(5)
The Scope of Privacy Protected by the Fourth Amendment
59(2)
The Warrant Requirement
61(8)
Exceptions to the Warrant Requirement
69(6)
Exceptions to the Probable Cause Requirement
75(3)
Electronic Surveillance
78(6)
The Exclusionary Rule
84(6)
Conclusion
87(1)
Key Terms
88(1)
Web-Based Research Activity
88(1)
Questions for Thought and Discussion
88(1)
Problems for Discussion and Solution
89(1)
Arrest, Interrogation, and Identification Procedures
90(28)
Introduction
91(1)
Arrest
92(6)
Investigatory Detention
98(6)
Roadblocks, Sobriety Checkpoints, and Drug Checkpoints
104(2)
Requests for Information or Identification
106(1)
Interrogation and Confessions
107(5)
Identification Procedures
112(6)
Conclusion
115(1)
Key Terms
115(1)
Web-Based Research Activity
116(1)
Questions for Thought and Discussion
116(1)
Problems for Discussion and Solution
117(1)
The Pretrial Process
118(33)
Introduction
119(1)
The Right to Counsel
120(4)
Disposition of Petty Offenses
124(1)
The Initial Court Appearance
125(1)
Pretrial Release and Pretrial Detention
126(2)
The Formal Charging Process
128(2)
The Grand Jury
130(3)
Extradition
133(1)
Jurisdiction and Venue
134(1)
Joinder and Severance
135(3)
Pretrial Motions
138(2)
Arraignment
140(1)
Plea Bargaining
141(2)
Availability of Compulsory Process
143(1)
Pretrial Discovery
143(4)
The Right to a Speedy Trial
147(4)
Conclusion
147(1)
Key Terms
148(1)
Web-Based Research Activity
148(1)
Questions for Thought and Discussion
148(1)
Problems for Discussion and Solution
149(2)
The Criminal Trial
151(40)
Introduction
152(1)
Constitutional Rights Pertaining to the Criminal Trial
152(4)
Selection of the Jury
156(5)
Free Press versus Fair Trial
161(2)
``Order in the Court''
163(2)
The Rules of Evidence
165(12)
The Trial Process
177(14)
Conclusion
187(1)
Key Terms
188(1)
Web-Based Research Activity
188(1)
Questions for Thought and Discussion
188(1)
Problems for Discussion and Solution
189(2)
Sentencing and Punishment
191(40)
Introduction
192(2)
Contemporary Forms of Criminal Punishment
194(6)
The Death Penalty
200(8)
The Sentencing Stage of the Criminal Process
208(5)
Granting and Revoking Probation
213(2)
Statutory Approaches to Incarceration
215(7)
The Rights of Prisoners
222(4)
The Rights of Crime Victims
226(5)
Conclusion
227(1)
Key Terms
228(1)
Web-Based Research Activity
228(1)
Questions for Thought and Discussion
228(1)
Problems for Discussion and Solution
229(2)
Appeal and Postconviction Relief
231(26)
Introduction
232(1)
Appeal of Right
233(4)
Discretionary Review
237(1)
The Appellate Process
238(6)
Postconviction Relief
244(9)
Nonjudicial Remedies Available to Persons Convicted of Crimes
253(4)
Conclusion
254(1)
Key Terms
255(1)
Web-Based Research Activity
255(1)
Questions for Thought and Discussion
255(1)
Problems for Discussion and Solution
256(1)
APPENDIX A Access to the Law through Legal Research
257(17)
The Nature of Legal Research
257(1)
Primary Legal Sources
257(9)
Secondary Sources
266(4)
Legal Research Using the Internet
270(1)
How to Research a Specific Point of Law
271(2)
Conclusion
273(1)
APPENDIX B The Constitution of the United States of America
274(14)
Glossary 288(28)
Table of Cases 316(4)
Index 320

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