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Ebook details:
عنوان: Criminal Procedure (9781544334752)
نویسنده: Matthew Lippman
ناشر: SAGE Publications, Inc; Fourth edition (January 24, 2019)
زبان: English
شابک: 1544334753, 978-1544334752
حجم: 37 Mb
فرمت: Epub + Converted pdf

Preface Chapter Organization Organization of the Text Fourth Edition Digital Resources Acknowledgments Chapter 1 An Introduction to Criminal Procedure TEST YOUR KNOWLEDGE: TRUE/FALSE Introduction Criminal Law and Criminal Procedure Balancing Security and Rights The Objectives of Criminal Procedure The Criminal Justice Process Sources of the Law of Criminal Procedure The Structure of the Federal and State Court Systems The Federal Judicial System State Judicial Systems Precedent Judicial Philosophy Law in Action and Law on the Books Chapter Summary Chapter Review Questions Legal Terminology TEST YOUR KNOWLEDGE: ANSWERS Chapter 2 The Sources of Criminal Procedure TEST YOUR KNOWLEDGE: TRUE/FALSE Introduction The Sources of Criminal Procedure The U.S. Constitution The U.S. Supreme Court State Constitutions and Court Decisions Federal and State Statutes Rules of Criminal Procedure A Model Code of Pretrial Procedure The Development of Due Process Nationalization The Fourteenth Amendment The Due Process Clause Fundamental Fairness • Rochin v. California • Cases and Comments Total Incorporation Selective Incorporation Equal Protection • Criminal Procedure in The News • United States v. Armstrong • Cases and Comments The Impact of Supreme Court Decisions Two Models of Criminal Procedure Why Criminal Procedure Matters Chapter Summary Chapter Review Questions Legal Terminology TEST YOUR KNOWLEDGE: ANSWERS Chapter 3 Searches and Seizures Test Your Knowledge: True/False Introduction The Historical Background of the Fourth Amendment Searches Expectation of Privacy • Katz v. United States • Cases and Comments • You Decide 3.1 Informants and Electronic Eavesdropping Plain View • You Decide 3.2 Expectation of Privacy Open Fields and Curtilage Curtilage and Aerial Surveillance Public Places and Private Businesses Abandoned Property • You Decide 3.3 • California v. Greenwood • Cases and Comments Technology and the Home • You Decide 3.4 • Kyllo v. United States • Cases and Comments Technology And Cell-Site Location Information • Carpenter v. United States • Criminal Procedure in the News Seizures of Persons • California v. Hodari • Cases and Comments • You Decide 3.5 Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 4 Stop and Frisk Test Your Knowledge: True/False Introduction Reasonable Suspicion The Balancing Test Reasonable Suspicion and Terry v. Ohio The Reasonable Suspicion Determination Facts Constituting Reasonable Suspicion • Terry v. Ohio • Illinois v. Wardlow Informants and Hearsay • You Decide 4.1 • You Decide 4.2 Drug Courier Profiles Race and Reasonable Suspicion • United States v. Weaver • Cases and Comments • You Decide 4.3 The Scope and Duration of a Terry Stop Movement Length of Detention Investigative Techniques • Hiibel v. Sixth Judicial District • Cases and Comments Automobiles and Terry Stops • Criminal Procedure in the News FRISKS The Terry Standard Terry Searches of Passengers in Automobiles Terry Searches of Automobiles Terry Searches for Illegal Narcotics • You Decide 4.4 • You Decide 4.5 • You Decide 4.6 Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 5 Probable Cause and Arrests Test Your Knowledge: True/False Introduction Arrests Probable Cause Direct Observations Hearsay The Aguilar–Spinelli Test Totality of the Circumstances • District of Columbia v. Wesby • Cases and Comments • You Decide 5.1 Reasonableness and Arrests Probable Cause, Warrants, and the Courts Arrests and Warrants Arrests in the Home • Payton v. New York • Cases and Comments Exigent Circumstances • Welsh v. Wisconsin • Cases and Comments Deadly Force and Arrests • Tennessee v. Garner Nondeadly Force • Graham v. Connor • Cases and Comments • Criminal Procedure in the News Misdemeanor Arrests and Citations • Atwater v. Lago Vista • Cases and Comments • You Decide 5.2 Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 6 Searches and Seizures of Property Test Your Knowledge: True/False Introduction Search Warrants Knock and Announce Richards v. Wisconsin • Cases and Comments • You Decide 6.1 Warrantless Searches Searches Incident to an Arrest • You Decide 6.2 • You Decide 6.3 • Chimel v. California • Riley v. California • Cases and Comments • You Decide 6.4 Searches Incident to an Arrest and the Contemporaneous Requirement • Cases and Comments Searches of the Area of Immediate Control and Automobiles • Arizona v. Gant • You Decide 6.5 Misdemeanors and Searches Incident to an Arrest Pretext Arrests and Searches Incident to an Arrest • Whren v. United States • Cases and Comments • Criminal Procedure in the News Consent Searches • Schneckloth v. Bustamonte • Cases and Comments • You Decide 6.6 The Scope of a Consent Search Withdrawal of Consent Third-Party Consent • Illinois v. Rodriguez Third-Party Consent and Co-occupants • Fernandez v. California • You Decide 6.7 Probable Cause Searches of Motor Vehicles • California v. Carney • Cases and Comments Probable Cause Searches of Containers in Automobiles • Wyoming v. Houghton Other Warrantless Searches Inventories Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 7 Inspections and Regulatory Searches Test Your Knowledge: True/False Introduction Administrative Inspections Special-Needs Searches International Borders Roving Patrols Border Searches • Criminal Procedure in the News Motor Vehicle Checkpoints • City of Indianapolis v. Edmond • Cases and Comments • You Decide 7.1 Airport Screening • MacWade v. Kelly • You Decide 7.2 Workplace Drug Testing Searches in High Schools Drug Testing in High Schools • Safford Unified School District v. Redding • You Decide 7.3 • Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls • You Decide 7.4 Probation and Parole • You Decide 7.5 Correctional Institutions Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 8 Interrogations and Confessions Test Your Knowledge: True/False Introduction Interrogations False Confessions Three Constitutional Limitations on Police Interrogations Due Process The Voluntariness Test Due Process and State Courts Fundamental Fairness Police Methods Involuntary Confessions The Four Purposes of the Voluntariness Test Voluntariness Criticism of the Due Process Test The Due Process Test Today • Colorado v. Connelly • You Decide 8.1 The McNabb–Mallory Rule • Escobedo v. Illinois The Right Against Self-Incrimination • Schmerber v. California • Miranda v. Arizona • Miranda v. Arizona • You Decide 8.2 Miranda and the Constitution • Cases and Comments Custodial Interrogation • J.D.B. v. North Carolina • You Decide 8.3 The Public Safety Exception • You Decide 8.4 The Miranda Warnings • Moran v. Burbine • Cases and Comments Invoking the Miranda Rights Waiver Voluntary Knowing and Intelligent Express and Implied Waiver Waiver: Question First and Warn Later • You Decide 8.5 Waiver Following Invocation of the Miranda Rights • Criminal Procedure in the News Interrogation • Rhode Island v. Innis • Cases and Comments • You Decide 8.6 Sixth Amendment Right to Counsel: Police Interrogations Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 9 Eyewitness and Scientific Identifications Test Your Knowledge: True/False Introduction Wrongful Convictions and Eyewitness Identification Misidentifications Perception Memory Identifications The Identification Process The Sixth Amendment and Eyewitness Identifications The Sixth Amendment and Critical Stages of Criminal Prosecution The Threat of Suggestive Lineups The Role of the Defense Attorney Tainted Lineups and Courtroom Identifications • Cases and Comments The Sixth Amendment and Prearraignment Identifications • Cases and Comments The Sixth Amendment and Photographic Displays • Cases and Comments The Due Process Test Suggestiveness, Reliability, and the Totality of the Circumstances • You Decide 9.1 • Manson v. Brathwaite • Cases and Comments • You Decide 9.2 The Requirement of Police Involvement • You Decide 9.3 • You Decide 9.4 Scientific Identification DNA Evidence The Admissibility of DNA Evidence DNA Databases Collection of DNA Exonerating the Innocent • Criminal Procedure in the News Polygraph Evidence • You Decide 9.5 • You Decide 9.6 Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: Answers Chapter 10 The Exclusionary Rule and Entrapment Test Your Knowledge: True/False Introduction The Exclusionary Rule The Exclusionary Rule and Federal Courts The Exclusionary Rule and State Courts The Extension of the Exclusionary Rule to the State Courts • Mapp v. Ohio Debating the Exclusionary Rule The Justification for the Exclusionary Rule Arguments Against the Exclusionary Rule Alternative Remedies to the Exclusionary Rule Invoking the Exclusionary Rule Standing Exceptions to the Exclusionary Rule Collateral Proceedings Attenuation • Cases and Comments Good Faith Exception • Herring v. United States Independent Source Inevitable Discovery Rule • You Decide 10.1 Impeachment • You Decide 10.2 Does the Exclusionary Rule Deter Unreasonable Searches and Seizures? Entrapment The Law of Entrapment The Subjective Test The Objective Test The Due Process Test Invoking the Entrapment Defense • Jacobson v. United States • Criminal Procedure in the News Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 11 Civil and Criminal Remedies for Constitutional Violations Test Your Knowledge: True/False Introduction Civil Remedies Section 1983 Legal Actions Against Local and State Law Enforcement Officers Color of State Law Violation of Federal Constitutional and Statutory Rights Individual Liability Under Section 1983 Absolute and Qualified Immunity • Kisela v. Hughes • Cases and Comments Immunity of Judges and Prosecutors • You Decide 11.1 The Affirmative Duty to Protect • Commonwealth Bank & Trust Company v. Russell • You Decide 11.2 The Liability of Local Government Entities Under Section 1983 • You Decide 11.3 Injunctions Pattern or Practice of the Deprivation of Constitutional Rights State Tort Remedies Against Law Enforcement Officers Remedies for Constitutional Violations by Federal Law Enforcement Officers Criminal Prosecutions State Criminal Prosecutions Federal Criminal Prosecutions Administrative Remedies Internal Affairs External Review • Criminal Procedure in The News Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 12 The Initiation of the Legal Process, Bail, and the Right to Counsel Test Your Knowledge: True/False Introduction The Prosecutorial Discretion to Charge Probable Cause to Detain a Suspect First Appearance • County of Riverside v. McLaughlin Pretrial Release • United States v. Salerno • You Decide 12.1 • You Decide 12.2 • You Decide 12.3 Pretrial Detention • Bell v. Wolfish Indigency and the Right to Counsel • Gideon v. Wainwright Right to Counsel and Critical Stages of Prosecution The Meaning of “All Criminal Prosecutions” • Scott v. Illinois • Cases and Comments Determining Indigency The Right to Select an Appointed Counsel • Criminal Procedure in the News The Right to Effective Legal Representation • Buck v. Davis • You Decide 12.4 The Right to Self-Representation Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 13 The Courtroom Test Your Knowledge: True/False Introduction Preliminary Hearing Grand Jury Selecting a Grand Jury Duration Grand Jury Indictment Grand Jury Investigations The Future of the Grand Jury Arraignment Pretrial Motions Double Jeopardy Speedy Trial Change of Venue Discovery Motion to Suppress Constitutional Right to a Jury Trial The Twelve-Member Jury Requirement • Ballew v. Georgia Jury Selection Equal Protection Clause Cross Section of the Community Voir Dire • Lockhart v. McCree Peremptory Challenges • You Decide 13.1 • You Decide 13.2 Challenges to Judges Public Trial The Trial Opening Statement Presentation of Evidence Confrontation Cross-Examination Hearsay Compulsory Process • Criminal Procedure in the News Burden of Proof Reasonable Doubt Closing Arguments Jury Instructions Jury Deliberations Jury Unanimity Jury Nullification • You Decide 13.3 Guilty Pleas The Constitutionality of Plea Bargaining • North Carolina v. Alford • Cases and Comments • You Decide 13.4 • You Decide 13.5 • You Decide 13.6 Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 14 Sentencing and Appeals Test Your Knowledge: True/False Introduction A Brief History of Sentencing in the United States Criminal Punishment Purposes of Punishment Types of Punishment Approaches to Sentencing The Judicial Sentencing Process Sentencing Guidelines Determinate Sentences Cruel and Unusual Punishment Methods of Punishment Capital Punishment The Eighth Amendment and Sentences for a Term of Years The Eighth Amendment and Life Imprisonment for Juveniles • Miller v. Alabama Equal Protection • Criminal Procedure in the News Criminal Appeals Habeas Corpus Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: ANSWERS Chapter 15 Counterterrorism Test Your Knowledge: True/False Introduction Electronic Surveillance Pen Registers and Trap-and-Trace Devices E-Mail and Voice Mail Roving Wiretaps Emergency Electronic Surveillance Sneak-and-Peek Searches Information and Records National Security Letters Seizure of Business Records Detention of Noncitizens Material Witness Warrants Monitoring of Attorney–Client Communications Watch List State Secrets Doctrine • Criminal Procedure in the News Drones Interrogations Military Commissions and Combat Status Review Tribunals The Supreme Court and Enemy Combatants The Supreme Court and Military Commissions The Supreme Court and Combatant Status Review Tribunals Habeas Corpus and Guantánamo Prosecutions at Guantánamo Chapter Summary Chapter Review Questions Legal Terminology Test Your Knowledge: Answers Glossary Bibliography Case Index Subject Index About the Author

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