NCJ Number
157494
Date Published
1995
Length
55 pages
Annotation
This supplement to the third edition of "Criminal Procedure: An Analysis of Cases and Concepts" covers the 1992-93, 1993-94, and 1994-95 terms of the U.S. Supreme Court; it includes explanations of the Court's decisions concerning search and seizure, interrogation, joinder, discovery, plea bargaining, jury selection, double jeopardy, right to counsel, and habeas corpus.
Abstract
U.S. Supreme Court decisions that involved an interpretation of the fourth amendment of the U.S. Constitution focused on the exclusionary-evidence 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, stop and frisk, and regulatory inspections and searches. Court decisions on the fifth amendment's privilege against self- incrimination considered approaches to the regulation of the interrogation process and elements of Miranda. Decisions pertinent to the pretrial process addressed pretrial-detention- and-release decisions, constraints on prosecutorial discretion (charging and joinder rules), and discovery. Court decisions that relate to the adjudication of guilt focused on guilty pleas and plea bargaining; the right to an impartial jury and judge; and the adversarial rights of openness, confrontation, and compulsory process. Decisions on appeals and double jeopardy were also related to the adjudication of guilt. Right to counsel and the effective assistance of counsel were considered in decisions pertinent to the role of the defense lawyer. The relationship between the Federal and State courts was at the center of Court decisions on Federal habeas corpus and State constitutions as an independent source of rights. A table of cases is provided.