Criminal Procedure and the Constitution Leading Supreme Court Cases and Introductory Text: 2001 Edition

by ; ;
Format: Paperback
Pub. Date: 2001-08-01
Publisher(s): West Information Pub Group
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Table of Contents

Preface iii
Table of Cases
xv
An Overview of the Criminal Justice Process
1(32)
Introduction
1(3)
The Processing of a Felony Case-The Steps in the Process
4(11)
The Participants in the Administration of the Process
15(18)
The Nature and Scope of Fourteenth Amendment Due Process; The Applicability of the Bill of Rights to the States
33(22)
The ``Fundamental Rights'' (or ``Ordered Liberty'') and ``Incorporation'' Theories
33(10)
The Modern Approach: The Shift to ``Selective Incorporation''
43(12)
Arrest, Search and Seizure
55(211)
The Exclusionary Rule
55(26)
Protected Areas and Interests
81(28)
Probable Cause
109(18)
Search Warrants
127(9)
Warrantless Arrest and Search of Persons
136(30)
Warrantless Seizure and Search of Premises
166(13)
Warrantless Seizure and Search of Vehicles and Effects
179(31)
Lesser Intrusions: Stop and Frisk
210(32)
Lesser Intrusions: Inspections and Regulatory Searches
242(12)
Consent Searches
254(12)
Police ``Encouragement'' and the Defense of Entrapment
266(19)
The Right to Counsel, Transcripts and Other Aids; Poverty, Equality and the Adversary System
285(23)
The Right to Appointed Counsel
285(13)
The Griffin-Douglas ``Equality'' Principle
298(10)
Police Interrogation and Confessions
308(127)
The Due Process ``Voluntariness'' Test for Admitting Confessions
308(14)
Massiah and Escobedo: The Court Grows Disenchanted With the ``Voluntariness'' Test and Turns to the Right to Counsel
322(10)
Miranda: The Court Builds a Confession Doctrine on the Privilege Against Compelled Self-Incrimination
332(36)
Applying and Explaining Miranda
368(52)
Massiah Revisited: Massiah and Miranda Compared and Contrasted
420(15)
Lineups, Showups and Other Pre-Trial Identification Procedures
435(20)
Wade and Gilbert: Constitutional Concern About the Dangers Involved in Eyewitness Identifications
437(7)
The Court Retreats: Kirby and Ash
444(3)
Due Process and Other Limitations
447(8)
Investigation by Subpoena
455(47)
Fourth Amendment Limitations
458(10)
The Privilege Against Self-Incrimination
468(34)
Pretrial Release
502(13)
The Decision Whether to Prosecute
515(17)
The Decision to Prosecute
515(9)
Selection of the Charge
524(8)
Screening the Prosecutor's Decision to Charge
532(18)
Speedy Trial and Other Speedy Disposition
550(18)
The Duty to Disclose
568(21)
Guilty Pleas
589(24)
Plea Bargaining
589(11)
Requisites of a Valid Plea
600(13)
Trial by Jury
613(40)
Right to Jury Trial
613(8)
Jury Selection
621(32)
Fair Trial/Free Press
653(37)
The Role of Counsel
690(35)
The Trial
725(63)
Presence of the Defendant
727(4)
The Rights of Confrontation and Compulsory Process
731(20)
The Defendant's Right to Remain Silent-or to Testify
751(9)
Due Process Requirements
760(28)
Retrials
788(48)
The ``Same Offense'' Limitation
790(28)
Aborted Proceedings
818(9)
Reprosecution Following Acquittals and Convictions
827(9)
Sentencing Procedures
836(47)
Appendix A. Selected Provisions of the United States Constitution 883

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