NCJ Number
37679
Date Published
1976
Length
460 pages
Annotation
THIS TEXT EXPLORES THE UNDERLYING CONCEPTS OF DEFENDANT'S RIGHTS, AND PRESENTS A COMPREHENSIVE ANALYSIS OF THOSE RIGHTS, INCORPORATING RECENT STATUTES, U.S. SUPREME COURT DECISIONS, STATE COURT DECISIONS, AND COURT RULES.
Abstract
THE PAST FEW DECADES HAVE BEEN WITNESS TO A STRIKING EXPANSION OF THE CENTRAL CONCEPT OF DUE PROCESS OF LAW AND IN THE REQUIREMENTS OF JUSTICE WITH RESPECT TO THE RIGHTS OF THE ACCUSED. IN THIS TEXT, THE AUTHOR DESCRIBES BOTH STATE AND FEDERAL LAW ON THIS SUBJECT; EMPHASIS, HOWEVER, IS PRIMARILY ON FEDERAL LAW, SINCE INCREASINGLY DECISIONS OF THE UNITED STATES SUPREME COURT, LARGELY ON THE BASIS OF THE DUE PROCESS CLAUSE, PROVIDE MINIMUM STANDARDS WHICH ARE BINDING UPON THE STATES. THE DEFENDANT'S RIGHTS ARE TRACED THROUGH ALL STAGES OF THE CRIMINAL JUSTICE PROCESS, FROM ARREST, THROUGH TRIAL, TO POST-CONVICTION REMEDIES. AMONG THE SPECIFIC TOPICS EXAMINED IN THIS TEXT ARE THE EXPUNGEMENT OF ARREST RECORDS, JUVENILE DELINQUENCY PROCEEDINGS, PLEA BARGAINING, THE DEATH PENALTY, SEARCH AND SEIZURE, AND VARIOUS ASPECTS OF MILITARY JUSTICE. (AUTHOR ABSTRACT MODIFIED) (SNI ABSTRACT)