CONSTITUTIONAL CRIMINAL PROCEEDURES - CASES, QUESTIONS, AND NOTES

• NCJ Number: 46144
• Author(s): J E SCARBORO; J B WHITE
• Date Published: 1977
• Length: 921 pages
• Sale Source: Foundation Press
• Language: English
• Country: United States of America
• Note: UNIVERSITY CASEBOOK SERIES

Annotation

THIS BOOK IS DESIGNED FOR USE IN AN INTRODUCTORY COURSE IN CRIMINAL PROCEDURE WITH EMPHASIS ON THE CONSTITUTIONAL ASPECTS; THE SPECIAL FOCUS IS ON THE FOURTH AND FIFTH AMENDMENTS.

Abstract

MOST OF THE PRETRIAL CRIMINAL PROCEDURE PROBLEMS ENCOUNTERED BY LAWYERS INVOLVE SEARCHES, SEIZURES, AND CONFESSIONS. THIS BOOK IS INTENDED AS A COMPREHENSIVE REVIEW OF THE COURT DECISIONS WHICH HAVE INFLUENCED THIS ASPECT OF CONSTITUTIONAL LAW. THE BOOK IS DIVIDED INTO FIVE PARTS. PART I DEALS WITH THE FOURTH AMENDMENT, SPECIFICALLY WITH PROBABLE CAUSE FOR ARREST, SEARCH, AND SEIZURES. THE RESPECTIVE BACKGROUNDS IN AMERICAN AND BRITISH LAW ARE CONSIDERED, AS ARE THE DEVELOPMENT, APPLICATION, AND CONTEMPORARY CONTROVERSY OF THE EXCLUSIONARY RULE IN FEDERAL CASES. PART II CONCERNS THE FIFTH AMENDMENT PROHIBITION AGAINST SELF-INCRIMINATION WITH REGARD TO ITS APPLICATION DURING TRIALS AND NONTRIAL LEGAL PROCEEDINGS. THE INTERSECTION OF THE FOURTH AND FIFTH AMENDMENTS IS EXAMINED IN PART III. A CONSTITUTIONAL VIEW OF PRIVACY IS CONSTRUCTED, AND QUESTIONS OF IMMUNITY FROM SEIZURE, THE ADMISSABILITY OF EVIDENCE GATHERED BY USE OF ELECTRONIC SURVEILLANCE AND WIRETAPPING ARE CONSIDERED. IN PART IV AN EXAMINATION OF THE PROCESS OF MANAGING THE ADJUDICATION OF CONSTITUTIONAL CLAIMS IS UNDERTAKEN. DECISIONS REGARDING FEDERAL HABEAS CORPUS AND THE RETROACTIVE SCOPE OF CONSTITUTIONAL MANDATES ARE REVIEWED. THROUGHOUT THE BOOK REFERENCE IS MADE TO NUMEROUS CRIMINAL PROCEDURE DECISIONS RENDERED BY FEDERAL TRIAL COURTS, COURTS OF APPEAL AND STATE APPELLATE COURTS BECAUSE OFTEN THE WORK OF STATE AND LOWER FEDERAL COURTS, WHICH ROUTINELY RESOLVE A VAST ARRAY OF PROBLEMS THAT NEVER REACH THE SUPREME COURT, IS FORGOTTEN. NOTES ON SUCH SUBJECTS AS THE RIGHT TO COUNSEL, FEDERAL GRAND JURIES, DISCOVERY IN CRIMINAL CASES, SPEEDY TRIAL, BAIL, AND OTHER SUCH MATTERS ARE ALSO INCLUDED. A TABLE OF CASES AND AN APPENDIX CONTAINING SELECTED AMENDMENTS TO THE U.S. CONSTITUTION ARE ALSO PROVIDED. (KBL)