NCJ Number
188211
Date Published
2000
Length
934 pages
Annotation
This volume presents and discusses approximately 500 criminal cases and judicial decisions to assist law students in understanding the legal doctrines that govern criminal procedures from the investigative phase through postconviction remedies.
Abstract
The first eight chapters cover search and seizure law. They provide an overview of the Fourth Amendment, explain the development of the exclusionary rule from the United States Supreme Court decisions in Weeks v. United States in 1914 to Mapp v. Ohio in 1961, and discuss protected places and interests. They also cover the search warrant requirement, probable cause and particularity, detention and search of the person, the retreat from the exclusionary rule, and entrapment and outrageous inducement. The next six chapters focus on self-incrimination and the right to counsel, including the accusatorial system of justice, and the right to counsel and equal treatment. They also examine confessions; identification cases; post-Miranda confession cases related to custodial interrogation, waiver, the voluntariness doctrine; and plea negotiations. The last four chapters focus on pretrial procedures and trial procedures. They examine the role of the prosecutor and the grand jury, pretrial hearings and motions, the right to trial by jury, jury selection, the prosecution’s burden of proof, the right to confront witnesses and to present a defense, jury deliberations, and double jeopardy. Footnotes and list of cases