NCJ Number
56399
Date Published
1979
Length
400 pages
Annotation
MAJOR CONSTITUTIONAL LIMITATIONS ON CRIMINAL PROCEDURE ARE REVIEWED, WITH ATTENTION GIVEN TO ARREST, SEARCH AND SEIZURE, INTERROGATION BY LAW ENFORCEMENT, WARRANTS, THE EXCLUSIONARY RULE, AND TRIAL PROCEEDINGS.
Abstract
A TEXTBOOK APPROACH AND A CASEBOOK APPROACH TO CRIMINAL PROCEDURE ARE COMBINED. EMPHASIS IS PLACED ON DECISIONS OF THE U.S. SUPREME COURT. FOR ISSUES NOT YET DECIDED BY THIS COURT, HOWEVER, SOME LOWER FEDERAL COURT AND STATE COURT OPINIONS ARE USED. IN SOME CASES, ISSUES RELATED TO STATE LAWS OR CONSTITUTIONS ARE INCLUDED TO ILLUSTRATE TRENDS. LEARNING AIDS RELEVANT TO CRIMINAL PROCEDURE FOR USE BY STUDENTS OR FURTHER DEVELOPMENT BY INSTRUCTORS ARE ALSO INCLUDED, WITH CHAPTER SUMMARIES AND QUESTIONS FOR CLASS DISCUSSION OR INDIVIDUAL REVIEW PROVIDED. SPECIFIC TOPICS OF THE BOOK ARE ORGANIZED AS FOLLOWS: (1) CRIMINAL PROCEDURE AND CONSTITUTIONAL GOVERNMENT (NATURE OF GOVERNMENTAL POWER AND RELATED CONSTITUTIONAL LIMITATIONS, BILL OF RIGHTS, AND DUE PROCESS CLAUSE OF THE FOURTEENTH AMENDMENT), (2) ARREST (ARREST WARRANTS, STOP AND FRISK, PROCEDURES FOR THE IDENTIFICATION OF CRIMINAL SUSPECTS, AND BAIL), (3) SEARCH AND SEIZURE AND THE CONCEPT OF REASONABLENESS (ESTABLISHING PROBABLE CAUSE, REQUIREMENT FOR SEARCH WARRANTS, EMPLOYING UNCIVILIZED METHODS OF SEARCH AND SEIZURE, UNCONSTITUTIONAL SEIZURES, ELECTRONIC SURVEILLANCE AND WIRETAPPING, AND USE OF COVERT AGENTS), (4) INTERROGATION BY LAW ENFORCEMENT (FIFTH AMENDMENT PROTECTION, COMPELLED SELF-INCRIMINATION, PRESUMED COMPULSION AND RIGHT TO COUNSEL AT INTERROGATION, AND GRANTING OF IMMUNITY), (5) EXCEPTIONS TO WARRANT AND TO BOTH PROBABLE CAUSE AND WARRANT, (6) EXCLUSIONARY RULE (ENFORCING THE FOURTH AMENDMENT AND STANDING TO INVOKE THE RULE), (7) PRETRIAL ADVERSARY PROCEEDINGS (INDICTMENTS, LINEUPS AND OTHER FORMS OF IDENTIFICATION, DISCOVERY, ARRAIGNMENT, AND PLEA BARGAINING), (8) TRIAL PROCEEDINGS, AND (9) POST TRIAL MATTERS (SENTENCING, APPEAL, PROCESS OF COLLATERAL ATTACK, AND REVOCATION OF PROBATION AND PAROLE. CASE LAW IS CITED, AND THE U.S. CONSTITUTION IS INCLUDED. A GLOSSARY AND AN INDEX ARE PROVIDED. (DEP)