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In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and significant issue in the criminal justice system today. The subject of many Supreme Court decisions, they seriously impact the way police pursue their investigations, the way prosecutors proceed with their cases, and the way defense attorneys defend their clients. This book answers these questions and explains these decisions in accessible and easy to follow language. Each chapter explores a separate case or series of cases involving the application of the Fourth Amendment to current police investigatory practices or prosecutorial conduct of the criminal trial. The police-related cases involve topics such as searches of suspects (both prior and incident to arrest), pretext stops, the knock-and-announce rule, interrogation procedures, and the parameters of an individual's reasonable expectation of privacy. The prosecutor-related cases involve topics such as jury selection, the right to counsel, and sentencing. This important overview serves as an introduction to the realities and practicalities of police investigation and the functioning of the criminal justice system when search and seizure becomes an issue.
Law Enforcement, Policing, & Security
The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan
Upper-level criminal procedure text uses a conceptual approach that focuses on the social, political, and historical evolution of criminal procedure. Unique case and comment format achieves a sophisticated blend of edited cases and explanatory text. Substantial edited case excerpts and dissenting opinions give students an appreciation of the judicial philosophy behind decisions. Law in Society sections show how laws and legal institutions function in todays society. Justices of the Court sections profile Supreme Court Justices and humanize the legal process by showing how the law has been shaped by people with strong ideas about the nature of the American constitutional system.
"This text is designed to meet the needs for a single-term introductory course in criminal procedure. Included in the text are 115 significant Supreme Court decisions involving the Court's work product in criminal justice, including fifteen new decisions from the recent 1977-78 Term and three decisions from the 1978-79 Term. Nine of the text cases are preceded by a summary of oral arguments which allow students to appreciate the adversary nature and give-and-take between the Justices and arguing counsel. The cases were selected to illustrate the broad range of criminal justice subjects the Court must (or chooses to) decide"--Preface.
"Provides a comprehensive introduction to the rules and principles of criminal procedure law. This text uses a case study approach with a focus on the U.S. Supreme Court to help readers develop the analytical skills necessary to understand the origins, context, and evolution of the law. With an emphasis on federal constitutional law, all cases and accompanying discussions have been updated throughout"--P. [4] of cover.
Reasonable suspicion and stop and frisk -- Probable cause -- Arrest -- Searches and seizures with warrants -- Searches and seizures without warrants -- Searches and seizures without warrants II : special needs -- Automobile searches and seizures -- The exclusionary rule and its exceptions -- Interrogation and confessions -- The Miranda warnings -- Identification -- Prosecutorial procedures -- Right to counsel -- Juries and trial issues -- Posttrial procedures.