NCJ Number
46896
Date Published
1978
Length
473 pages
Annotation
ASPECTS OF CONSTITUTIONAL LAW ARE EXAMINED WITH RESPECT TO LAW ENFORCEMENT PROCEDURES.
Abstract
AN INTRODUCTORY OVERVIEW OF THE CONSTITUTION IS PRESENTED; THE DEVELOPMENT OF THE CONSTITUTION IS DISCUSSED, WITH ATTENTION TO THE BILL OF RIGHTS, THE CONCEPT OF FEDERALISM, THE SEPARATION OF POWERS, AND THE ROLE OF THE SUPREME COURT. MOST OF THE BOOK IS DEVOTED TO CONSIDERATION OF SPECIFIC CONSTITUTIONAL REFINEMENTS; COURT MANDATES ARE INTRODUCED, AND COURT DECISIONS ARE REFERENCED AND DISCUSSED. FIRST, THE CONTROVERSY SURROUNDING CHALLENGE THROUGH JUDICIAL REVIEW IS EXAMINED. THE JUDICIAL REVIEW PROCESS IS DETAILED, AND THE EXERCISE OF JUDICIAL REVIEW AND THE NATURE OF JUDICIAL RESTRAINT ARE DISCUSSED. THE FEDERAL SYSTEM OF CONSTITUTIONAL RESTRAINT IS EXAMINED WITH SPECIAL ATTENTION TO THE INCORORATION DOCTRINE AND THE FOURTH AMENDMENT, AS WELL AS DUE PROCESS. AN OVERVIEW OF THE NATIONAL POWERS OF COMMERCIAL ENTITIES AND VIEWS ON TAXATION, TREATY MAKING, PRESIDENTIAL AND WAR POWERS ARE DISCUSSED. THE CONFLICT BETWEEN CIVIL AND MILITARY LAW IS UNDERSCORED; MILITARY LAW, MARTIAL LAW, AND WAR LAWS ARE EXAMINED. THE FIRST AMENDMENT RIGHTS OF FREE SPEECH, RELIGION, AND PRESS ARE DISCUSSED. FOURTEENTH AMENDMENT GUARANTEES OF EQUAL PROTECTION OF THE LAW ARE EXAMINED WITH SPECIFIC ATTENTION TO RACIAL DISCRIMINATION AND CLASSIFICATION, THE ENFORCEMENT, OF RACIAL DISCRIMINATION AND CLASSIFICATION, THE ENFORCEMENT OF RACIAL DISCRIMINATION DECISIONS, AND EQUAL PROTECTION IN CRIMINAL CASES. THE RIGHTS OF PRIVACY, TRAVEL, AND FRANCHISE ARE ALSO DISCUSSED. THE SCOPE OF FOURTH AMENDMENT PROVISIONS REGARDING SEARCH AND SEIZURE IS DETAILED; VEHICLE SEARCHES, STOP AND FRISK, ADMINISTRATIVE AND INVESTIGATIVE SEARCHES, AND REMEDIAL ACTIONS ARE DISCUSSED, AS ARE INFORMANTS AND ELECTRONIC EAVESDROPPING. FIFTH AMENDMENT SANCTIONS AGAINST SELF-INCRIMINATION ARE EXAMINED, AND QUESTIONS REGARDING EVIDENCE COLLECTION AND THE INTERROTATION OF PUBLIC EMPLOYEES AND OTHER SPECIAL CATEGORIES OF PERSONS ARE DISCUSSED. SIXTH AMENDMENT RIGHTS TO COUNSEL, SPEEDY TRIAL, JURY TRIAL, IMPARTIAL JURY, AND A FAIR AND PUBLIC TRIAL ARE DETAILED, AND THE PROBLEM OF PRETRIAL PUBLICITY IS DISCUSSED. EIGHTH AMENDMENT RIGHTS TO BAIL AND TO PROTECTION FROM CRUEL AND UNUSUAL PUNISHMENT ARE ALSO EXAMINED. JUVENILE PROCEDURES ARE NOTED WITH ATTENTION TO THE HISTORICAL DEVELOPMENT OF JUVENILE INSTITUTIONS AND TO JUVENILE COURT DEVELOPMENT. DECISIONS ON THE ROLE OF PLEA BARGAINING ARE REVIEWED. FINALLY, THE RELATIONSHIP OF CORRECTIONS TO THE CRIMINAL JUSTICE SYSTEM AND OBSTACLES TO CORRECTIONAL REFORM ARE EXAMINED, INCLUDING ASPECTS OF THE LEGAL RIGHTS DUE UNDER THE COURT AND CORRECTIONAL SYSTEMS, CORRECTIONS FRAGMENTATION, AND THE OVERUSE OF CORRECTIONS. A COPY OF THE U.S. CONSTITUTION AND A TABLE OF CITED CASES ARE PROVIDED IN APPENDIXES. AN INDEX IS. INCLUDED. (KBL)