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Modern Criminal Procedure: Cases, Comments, and Questions, Ninth Edition

NCJ Number
188213
Author(s)
Yale Kamisar; Wayne R. LaFave; Jerold H. Israel; Nancy J. King
Date Published
1999
Length
1794 pages
Annotation
This volume presents and discusses approximately 2,000 judicial decisions in criminal cases to assist students in understanding legal doctrines related to criminal procedures from the investigative process through postconviction remedies.
Abstract
The volume covers significant developments up to January 1, 1999. The first section provides an introduction, starting with an overview of the criminal justice process, with emphasis on structural elements that account for much of the diversity in the process. The next two chapters in the introductory section cover the nature and scope of 14th Amendment due process, retroactivity, the Federal supervisory power, State protections of rights, the right to counsel, and poverty and equality in the adversary system. The second section presents eight chapters on police practices. Topics include general issues, arrest, search and seizure, wiretapping, entrapment, interrogation, confessions, lineups and other pretrial identification procedures, grand jury investigations, and the scope of the exclusionary rules. The next eight chapters focus on the initiation of formal proceedings, including pretrial release, prosecutorial discretion, the preliminary hearing, grand jury review, the charging instrument, the location of the prosecution, the scope of the prosecution, and the right to a speedy trial and speedy disposition. The fourth section examines trial procedures and presents cases relating to the attorney's role, discovery and disclosure, pleas and plea negotiations, trial by jury, media coverage, criminal trials, double jeopardy, and sentencing. The final section focuses on appeals and postconviction review with respect to Federal habeas corpus. Index, list of cases, and approximately 1,000 references