NCJ Number
54594
Date Published
1978
Length
1322 pages
Annotation
THIS LAW SCHOOL TEXTBOOK PRESENTS A MODEL OF AMERICAN CRIMINAL PROCESS BY EXAMINATION OF FEDERAL CRIMINAL LAW AND ITS PRACTICE. U.S. SUPREME COURT DECISIONS PROVIDE A CONSTITUTIONAL FRAMEWORK FOR THE MODEL.
Abstract
CRIMINAL PROCESS, AS DISTINGUISHED FROM CRIMINAL PROCEDURE, DISCUSSES THE INVESTIGATION, PROSECUTION, AND DISPOSITION OF CRIMINAL CASES. EXCLUDED FROM THE AREA ARE THE PROBLEMS CREATED BY THE INTERRELATIONSHIP OF THE STATES TO EACH OTHER AND TO THE FEDERAL GOVERNMENT, WHICH MORE PROPERLY CONCERN PROCEDURE. CRIMINAL PROCESS LOOKS BEYOND ADJUDICATION, AND WITH A WIDER PERSPECTIVE, EXAMINES THE CONSTITUTIONAL INTERPRETATIONS AFFECTING POLICE ACTIVITIES. INCLUDED IN THE DISCUSSION OF INVESTIGATION ARE THE TOPICS OF ARREST WITH AND WITHOUT WARRANT, THE MANNER OF ARREST, STOP AND FRISK RESTRICTIONS, AND THE USE OF ROADBLOCKS. SEARCHES AND SEIZURES, AND THE TECHNICALITIES OF HOT PURSUIT ARE ALSO EXAMINED. THE USE OF INFORMERS, EAVESDROPPING, WIRETAPPING, AND POLICE LINEUPS IN THE CRIMINAL PROCESS ARE ANALYZED. NARROWER DELINEATION OF THE TOPIC OF IDENTIFICATION BY WITNESSES COVERS THE SUBJECTS OF FINGERPRINTING, HANDWRITING EXEMPLARS, AND IDENTIFICATION BY PHOTOGRAPH. PROSECUTION TACTICS WITHIN THE FRAMEWORK OF THE CONSTITUTION ARE OUTLINED WITH REFERENCES TO THE FEDERAL RULES OF CRIMINAL PROCEDURE. THE CHRONOLOGICAL PRESENTATION OF PROSECUTION DISCUSSES THE PRELIMINARY INDICTMENT, AVAILABILITY OF BAIL, AND TRIAL PROCEEDINGS. ADDITIONAL DISCUSSION INCLUDES CRIMINAL APPEALS AND POSTCONVICTION REMEDIES. A TABLE OF CITED CASES IS PROVIDED. (TWK).