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Constitutional Criminal Procedure

NCJ Number
A E Taslitz; M L Paris
Date Published
1244 pages
This text covers topics generally taught in a basic constitutional criminal procedure course: the Fourth, Fifth, and Sixth Amendments and certain aspects of due process.
The material is presented from a "lawyering perspective." This means, first, that students learn to analyze law much the same way that the best lawyers practice it, i.e., by studying "black-letter" principles and policies before reading the case law. Second, students learn to think strategically and contextually, which means applying the principles and policies they have learned to actual lawyering tasks. Thus, students who use this text apply legal doctrine to the full range of practice skills, such as negotiating, interviewing, and counseling. For each principle of criminal procedure, the book offers guidance on interpretive debates and policy concerns. Once "secondary source" groundwork is laid, the case law is addressed, either by reproducing in whole or in part those opinions that serve as teaching tools or by summarizing leading cases. The text involves students in problem-solving and role-plays. Consistent with the theme of a "lawyering perspective," subject matter is presented as the study of pretrial investigative techniques, such as searches and seizures, confessions, and lineups. Interviewing, counseling, and negotiating are tools for gathering facts. As the grand jury is a critical investigative tool, the Fourth and Fifth Amendment is addressed, as well as due process concerns in grand jury practice. The text is adaptable for use in teaching the basic constitutional criminal procedures course, whether for first-year or upper-class students. A teacher's manual accompanies the text. A table of cases and a subject index


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