NCJ Number
151226
Date Published
1994
Length
43 pages
Annotation
This supplement to the third edition of "Criminal Procedure: An Analysis of Cases and Concepts" covers the 1992-93 and 1993-94 terms of the U.S. Supreme Court.
Abstract
The issues addressed include search and seizure, interrogation, joinder, jury selection, double jeopardy, right to counsel, and habeas corpus. U.S. Supreme Court decisions pertinent to the fourth amendment involve the exclusionary rule and other remedies for constitutional violations, the law of arrest, a framework for analyzing when searches occur and when they are reasonable, the search warrant, and stop and frisk. Decisions pertinent to the fifth amendment's privilege against self-incrimination concern approaches to the regulation of the interrogation process and elements of the Miranda requirement that relate to custody and a waiver after assertion of rights. Court decisions that bear upon the pretrial process address pretrial detention and release as well as constraints on prosecutorial discretion under charging and joinder rules. Decisions pertinent to adjudication of guilt pertain to guilty pleas and plea bargaining, the right to an impartial jury and judge, adversarial rights, appeals, and double jeopardy. The role of the defense lawyer is encompassed in decisions on the right to counsel and the effective assistance of counsel. A decision on the substantive scope of the writ of habeas corpus addresses the relationship between the Federal and State courts. Table of cases