NCJ Number
61230
Date Published
1979
Length
263 pages
Annotation
PROPOSED AND ENACTED STATUTORY PROVISIONS ADDRESSED TO MANY OF THE QUESTIONS RAISED OR RESOLVED IN THE JUDICIAL LITERATURE ARE PRESENTED IN THIS SUPPLEMENT INTENDED FOR LAW STUDENTS.
Abstract
CODIFICATIONS OF SUPPLEMENTARY MATERIALS HAVE BEEN ORGANIZED AND KEYED TO THE SEQUENCE OF MATERIALS IN THE TEXT, THE PROCESSES OF CRIMINAL JUSTICE: INVESTIGATION AND ADJUDICATION. THEY PROVIDE AN ESSENTIAL SUPPLEMENT TO THE DISCUSSIONS OF DECIDED CASES. LEGISLATION, AND THE SEVERAL SOLUTIONS OF THE MODEL MAKERS EMPHASIZE THAT THESE MATTERS DO NOT EXCLUSIVELY SERVE THE JUDICIAL EXPOSITION OF CONSTITUTIONAL PRINCIPLES. THE LEGISLATURE MAY TAKE A LEADING ROLE IN DEVISING THE MEANS AND DESCRIBING THE MEANINGS OF CRIMINAL JUSTICE. SOURCES THAT GUIDED COMPILATION OF THE WORK INCLUDED THE FEDERAL RULES OF CRIMINAL PROCEDURE AND FEDERAL STATUTES; MODEL CODES AND PROPOSED STANDARDS; AND LOCAL LAWS AND RULES. SOME SAMPLES OF ENACTED STATE LAW ARE PROVIDED. INITIAL CHAPTERS FOCUS ON STATUTORY PROVISIONS ARE PROPOSED CODES AND STANDARDS REGARDING THE CONSEQUENCES OF ILLEGAL SEARCH AND SEIZURE, SEARCH BY WARRANT, COMPULSORY ACCOUNTS OF WITNESSES, AND COMPELLED TESTIMONIAL EVIDENCE. ADJUDICATION MATTERS RELATE TO THE SOURCE AND NATURE OF THE ACCUSATION, DISCOVERY AND DISCLOSURE, BAIL AND PREVENTIVE DETENTION, AND IMMUNITY. ESSAYS, STANDARDS, AND PROBLEMS OF ETHICAL PROFESSIONAL CONDUCT BY PROSECUTOR AND DEFENSE COUNSEL ARE PRESENTED IN CONCLUDING CHAPTERS. (LWM)