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Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.
This title is the work of nationally renowned experts on the subject of constitutional criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable effort has been made to set forth the views of all members of the Court in landmark and important recent cases. The modest size of this volume has been attained not by collecting snippets of many opinions, but by the judicious selection of leading cases. An outstanding feature is the illuminating introductory commentary that appears throughout the book and place the selected cases in general historical and doctrinal perspective.
This title is the work of nationally renowned experts on the subject of constitutional criminal procedure. It is ideally suited for a survey course designed to explore and critically examine how the U.S. Supreme Court has dealt with a wide range of highly controversial issues that arise at various stages of the criminal process. Considerable effort has been made to set forth the views of all members of the Court in landmark and important recent cases. The modest size of this volume has been attained not by collecting snippets of many opinions, but by the judicious selection of leading cases. An outstanding feature is the illuminating introductory commentary that appears throughout the book and place the selected cases in general historical and doctrinal perspective.
Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.
Comprehensive Criminal Procedure, 2021 Case Supplement
Updated to reflect important current events, Examples & Explanations: Criminal Procedure: The Constitution And The Police, Fifth Edition, retains its proven format of presenting criminal procedure as a sequence of procedures mirroring real-life events in law enforcement. Well-written and user friendly, this concise paperback is an asset to any criminal procedure course. Carefully crafted to aid students' understanding, this study aid gives students a sense of the theoretical flow and logic of law enforcement by following police procedural order graphically demonstrates legal standards and concepts through the use of Charts and illustrations. starts with easy, confidence-building examples and gradually moves on to more challenging examples that test students' knowledge and analytical skills utilizes the proven Examples and Explanations format to explain concepts and allow students to develop analytical and problem-solving skills Special features of the Fifth Edition include: terrorism in the United States And The Fourth Amendment ramifications Please visit the new companion website to learn more about this book. Website: http://www.aspenlawschool.com/bloombrodin5
Practitioner and Educator, Tina Fryling Presents a Pragmatic and Accessible Approach to Constitutional Law for Criminal Justice Students Constitutional Law in Criminal Justice, Third Edition presents the constitutional provisions most directly related to criminal law and procedure and demonstrates their daily impact on the attitudes, capabilities, events, and responses of legal professionals in policing, courtrooms, and federal agencies. The U.S. Constitution guides every facet of the investigation of crime and of threats to public safety and national security. To further readers’ understanding of the nature of these procedures, this book examines both the Constitution’s relevant provisions and the central developments in their interpretation by the Supreme Court and other U.S. courts. Vivid examples of the situations faced by practitioners on a daily basis bring the complexities of criminal law to life. New to the Third Edition: Expanded discussions of strict scrutiny, stop and frisk, cell phone privacy, the Strickland Test, and First Amendment protections in social media and campaign financing. New cases cover: the interpretation of the attempt to restrain an individual as a seizure (Torres v. Madrid) searches based on “common sense” and making a “logical inference” (Kansas v. Glover) hot pursuit and entry into a building (Lange v. California) the “community caretaking exception” to the Fourth Amendment (Caniglia v. Strom) the Establishment Clause and schools (Kennedy v. Bremerton School District and Carson v. Makin) the primacy of Second Amendment rights (New York State Rifle and Pistol Ass’n. v. Bruen) New scenarios for “You Be the Judge” and featured cases. Professors and students will benefit from: “You Be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers’ interests, perspectives, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals. The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding