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Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem.
The third edition of New York Criminal Procedure provides the student, professional and scholar with a valuable resource for insightful analysis of New York's Criminal Procedure Law. This text thoroughly reviews statutory, constitutional and case law, including the results of a once-in-a-generation wave of legislative reforms. These reforms bring progressive policies to bear on an array of new bright-line requirements and discretionary guidelines. New York's legislature made sweeping changes to bail requirements and juvenile justice, with new age-based presumptions of criminal responsibility, and an entirely new "Youth Part" within its court system. Major changes also apply to the rules of discovery, and new requirements for a speedy trial. This book examines the reforms, and the criminal procedure statute in its entirety, including arrest, arraignment, pleadings, hearings, motions, discovery, evidence, trial and appeal, and special procedures such as immunity, jurisdiction, wiretapping and extradition. Over eighty illustrative cases provide precedents and judicial analysis of stop and frisk, search warrants, no-knock entry, grand jury proceedings, plea bargaining, bail, the admission of prior witness statements at trial, bodily intrusions, DNA testing, suppression of evidence, jury trial, sentencing and sex offender registration. Delivery of this challenging area of criminal justice through three sources of law helpsthree major sources of law, enables the student, professionalor scholar to attain a comprehensive understanding of New York's Criminal Procedure law.
"Project of the American Bar Association Criminal Justice Standards Committee, Criminal Justice Section"--Title page verso.
Intended for use by law students of criminal procedure. It is a succinct analysis of the constitutional standards of major current significance. This is not a text on criminal procedure, but rather about constitutional criminal procedure. It avoids describing the non-constitutional standards applied in each state and federally. The text provides the scope and highlights you need to excel in understanding this field. This will enable you to answer exam questions more quickly and accurately, and enhance your skills as an attorney.
Expert authors introduce the study of criminal procedure. The Exclusionary Evidence Rule and other remedies for constitutional violations are covered, as well as the law of arrest. Covers the law of searches and provides a framework for analyzing its validity. Overviews privilege against self-incrimination, offers eyewitness identification techniques, and identifies the general restrictions on the identification procedure. Looks at initial custodial decisions, preliminary hearing, grand jury, discovery, and the right to a speedy trial. Examines pleas, adversarial rights, appeals, and double jeopardy. Also covers the right to counsel, effective assistance of counsel, habeas corpus, and state constitutions as an independent source of rights.
"Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.