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This book sets out and examines the law governing criminal procedure in Canada. It explains the body of rules and principles that govern the investigation, prosecution, and adjudication of any offence enacted by Parliament for which an accused person would have a criminal record if found guilty by a court exercising jurisdiction under the Criminal Code. These include such things as police powers to search, detain, or arrest; the right to counsel; interim release; disclosure and production; informations and indictments; jury selection and deliberation; trial within a reasonable time; and appeals. This fourth edition updates the law in all areas of criminal procedure. Most notably, it incorporates significant discussion of Bill C-75, which has made changes to a great many areas of the Criminal Code, including powers of arrest, preliminary inquiries, and the jury selection process. In addition, it includes discussion of significant new Supreme Court of Canada cases, such as Le on arbitrary detention and racial profiling; Fleming v Ontarioon powers of arrest; Saeed on search incident to arrest; Marakah, Jones, Reeves, and Mills on reasonable expectation of privacy; Antic on bail; and Jordan, Cody, and KJM on trial within a reasonable time.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Focusing on the investigation phase of criminal procedure, Criminal Procedure: Investigation combines Laurie L. Levenson’s first-hand experience in the criminal justice system with Erwin Chemerinsky’s student-friendly writing style. The Third Edition examines the impact of a host of recent developments in the courts and legislature on the process investigating crime. It eschews reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and trendsetting policy issues. The book utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to matters related to habeas corpus relief. In addition to presenting the perspectives from various stakeholders, the authors take care to provide students with useful, practice-oriented materials. Criminal Procedure: Investigation not only employs a systemic approach that takes students through issues from policy to application of legal doctrine but also introduces issues at the forefront of modern criminal procedure debates. Key Features: Straightforward writing style and clear, dynamic text that is uncluttered with law review excerpts and features thoughtfully edited principal and minor cases. Intuitive chronological presentation of topics. Systematic and cohesive exploration of policy on every issue, before moving on to the specifics of doctrine. Practice-oriented features and discussion of important, modern criminal procedure issues. Approachable organization based on common progression through criminal justice system. Straight writing style that relies on cases and author essays rather than law review excerpts and strict Socratic rhetoric questions. Practice-oriented features, discussion of modern policy issues, useful example documents for practitioners. Useful examples for future and current criminal law practitioners.
This document presents the Commission's view on the need for reform together with their recommendations and commentary.
This contemporary, comprehensive, case-driven book from award-winning teacher Matthew Lippman covers the constitutional foundation of criminal procedure and includes numerous cases selected for their appeal to today’s students. Organized around the challenge of striking a balance between rights and liberties, Criminal Procedure, Fourth Edition emphasizes diversity and its impact on how laws are enforced. Built-in learning aids, including You Decide scenarios, Legal Equations, and Criminal Procedure in the News features, engage students and help them master key concepts. Fully updated throughout, the Fourth Edition includes today’s most recent legal developments and decisions. Features and Benefits A chapter-opening vignette drawn from a case in the chapter gets students immediately involved in the content that follows. Test Your Knowledge questions at the beginning of each chapter help students activate prior knowledge read with purpose for topics they don't yet know. Edited cases introduced by clear and accessible descriptions provide students with concrete examples and illustrations and expose them to the actual documents that have shaped the American criminal justice system. Additional edited cases are available on the student study website. Legal Equations offer visual overviews of the laws and concepts discussed in the text. Questions after each case reinforce learning and help students uncover the key points. Criminal Procedure in the News excerpts expose students to contemporary developments in the law through current events. Chapter Summaries and Chapter Review Questions help students prepare for exams. A chapter-ending Legal Terminology section with corresponding Glossary helps students master the vocabulary of the criminal justice system. New to this Edition A number of significant, new U.S. Supreme Court decisions are now cases discussed in the book, such as United States v. Carpenter, which raised important questions around police use of new technology. Other new cases address important issues including privacy, racial discrimination, and effective assistance of counsel, search and seizure, juries, plea bargaining, the exclusionary rule, pretrial motions, and habeas corpus. Features. The content includes a new Test Your Knowledge feature and a number of new You Decide and Criminal Procedure in the News features that explore crucial topics such as police use of deadly force, the second amendment and gun control, a defendant’s right to a bail, racial bias in jury deliberations, searches of electronic devices, and much more. Topics. Several new topics have been added or expanded to reflect their growing impact on criminal procedure. These topics include technology and the home, police use of cell-site location information and body cameras, patterns and trends of Terry stops in major cities across the US, individuals being arrested for “Walking While Black,” racial bias in the judiciary, and the impact of the policies of the Trump administration on the use of drones, the detention of undocumented immigrants, and the continued operation of the detention facilities at Guantanamo.
Criminal Procedure: Investigation and Right to Counsel, Fourth Edition is derived from the successful casebook Comprehensive Criminal Procedure. Like the parent book, it covers the Fourth, Fifth, and Sixth Amendments and related areas using a thematic approach and offers an appropriate balance of explanatory text and secondary material accompanied by well-written notes. In addition to an experienced author team and well-edited cases, the book covers relevant statutes and court rules. New to the Fourth Edition: Updates regarding cutting-edge developments in case law, statutory materials, and academic commentary about due process, the right to counsel, searches and seizures, and the privilege against compelled self-incrimination An important reordering of certain areas of Fourth Amendment law and related materials to make them even more user-friendly Insightful examination of the turmoil in modern Fourth Amendment law as the Supreme Court, notably splintered over methods of constitutional interpretation, faces the implications of rapidly changing technology Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with an outstanding author team Sound grounding of the law in criminal process and the right to counsel Thorough coverage of Boyd v. U.S., The Fourth Amendment, The Fifth Amendment, and the process of investigating complex crimes Thematic organization of the cases and text that make the book both manageable and accessible The latest and most highly respected developments in legal scholarship that help both professors and students alike stay up-to-date in the field of criminal procedure law
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Written in a student-friendly manner, the fourth edition ofCriminal Procedure: Investigationeschews excessive reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and current policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure: Investigation utilizes a chronological approach that guides students through criminal procedure doctrine, from rules governing searches and seizures to the right to counsel. In addition to presenting the perspectives from various stakeholders (e.g. prosecutors, defense counsel, judges, police, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure: Investigation not only employs a systemic approach that takes students through each step of criminal investigation, but also introduces issues at the forefront of modern criminal procedure debates. New to the Fourth Edition: The Fourth Edition has been thoroughly updated to provide analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law. New sections on excessive police force and on damage remedies for Fourth Amendment violations New cases include Carpenter v. United States (application of the Fourth Amendment to cellular location information); Torres v. Madrid (what is a seizure); Virginia v. Collins (automobile exception to the Fourth Amendment); United States v. Byrd (exclusionary rule case about the ability of an unauthorized driver of a rental car to challenge a police search); and Kansas v. Glover (reasonable suspicion for a car stop) Professors and student will benefit from: Straightforward writing style and dynamic text Clear and not cluttered with law reviews excerpts Relies on cases and author essays rather than excerpts and rhetoric questions Presents thoughtfully edited principal and note cases Intuitive organization and chronological presentation Presents topics in easy-to-understand approach from investigation to prosecution to post-conviction relief Approachable organization based on common progression through criminal justice system Systematic and cohesive presentation of topics Explores underlying policy before heading into doctrinal specifics Practice-oriented features Discussion of important, modern criminal procedure issues Useful examples for future and current criminal law practitioner