NCJ Number
57727
Date Published
1979
Length
474 pages
Annotation
THIS CRIMINAL JUSTICE RESOURCE MANUAL FOR COLLEGE PROFESSORS ACTS AS A SUPPLEMENT TO CASES AND MATERIALS IN MAIN TEXTS BY EXAMINING THE EFFECTS OF VARIOUS SUPREME COURT DECISIONS ON ASPECTS OF CRIMINAL JUSTICE.
Abstract
DISCUSSION OF SOME OF THE FEDERAL CONSTITUTIONAL LAW PRINCIPLES WHICH GOVERN (OR SEEM TO GOVERN) SUPREME COURT DECISIONS IS EMPHASIZED. FOR EXAMPLE, PARTICULAR ATTENTION IS DEVOTED TO THOSE CONSTITUTIONAL AMENDMENTS (ONE, FOUR, FIVE, SIX, EIGHT) WHICH ARE MOST APPLICABLE TO THE CRIMINAL PROCESS AND WHICH CONTROL SUPREME COURT DECISIONS IN MOST CRIMINAL CASES. SUPREME COURT JURISDICTION IS ANALYZED IN TERMS OF APPROPRIATE CONSTITUTIONAL ARTICLES (THREE AND SIX) AND SPECIFIC FEDERAL STATUTES. AN EXAMINATION IS MADE OF THE WAY IN WHICH THE BILL OF RIGHTS (ORIGINALLY THOUGHT TO BE ONLY APPLICABLE TO FEDERAL COURTS) HAS BEEN APPLIED TO STATE COURTS THROUGH THE 14TH AMENDMENT. THE SUBSTANTIVE AND PROCEDURAL DUE PROCESS COMPONENTS INHERENT IN CRIMINAL PROCEEDINGS IS ALSO CONSIDERED. THE FACT THAT THE CONCEPT OF EQUAL PROTECTION OF THE LAWS HAS BEEN MODIFIED UNDER CERTAIN CIRCUMSTANCES, SUCH AS FOR JUVENILES AND PRISONERS, IS DEVELOPED SINCE MANY CRIMINAL JUSTICE STUDENTS ERRONEOUSLY THINK THAT ALL CITIZENS MUST BE TREATED EQUALLY BY THE GOVERNMENT AT ALL TIMES. SUPREME COURT ESTABLISHMENT OF PROCEDURAL SAFEGROUNDS IN CASES OF PLEA BARGAINING IS STUDIED AND ADDITIONAL ATTENTION IS DEVOTED TO HOW SUPREME COURT DECISIONS HAVE AFFECTED SUCH CRIMINAL PROCEEDINGS AS SENTENCING, APPEALS, POSTCONVICTION REMEDIES, HARMLESS ERRORS, AND RETROACTIVITY. A PROPOSED FINAL EXAMINATION IS INCLUDED. FOOTNOTES AND REFERENCES ARE INCLUDED. (KCP)