Criminal Procedure


Book Description

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.




Criminal Procedure


Book Description

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




Learning Criminal Procedure


Book Description

Learning Criminal Procedure: Investigations teaches students the law that governs the investigation of criminal cases. The book presents the legal rules directly in plain language. Each topic includes a clear, straightforward description of the binding legal rules, illustrations of how the rules are applied using examples and summaries of cases, and longer excerpts of the leading Supreme Court cases. The book highlights evolving or ambiguous areas of the law, and provides scores of review questions so that students can test their mastery of each issue. The book's authors build on their combined decades of practical experience to explain the law in plain language and explore the policy justifications behind the rules.




Understanding Criminal Procedure: Investigation


Book Description

The fifth edition of Understanding Criminal Procedure is new in many respects. Most significantly, it has been enlarged to two volumes. The first volume is intended for use in criminal procedure courses focusing primarily or exclusively on police investigatory process. Such courses are variously titled: Criminal Procedure I; Criminal Procedure: Investigation; Criminal Procedure: Police Practices; Constitutional Criminal Procedure; etc. Because some such courses also cover the defendant's right to counsel at trial and appeal, the first volume includes a chapter on this non-police-practice issue. (The latter chapter is also included in Volume Two.) The second volume of Understanding Criminal Procedure covers the criminal process after the police investigation ends, and the adjudicative process commences. This book is useful in criminal procedure courses (variously entitled Criminal Procedure II; Criminal Procedure: Adjudication; etc.) that follow the criminal process through the various stages of adjudication, commencing with pretrial issues — such as charging, pretrial release and discovery — and continuing with the trial itself and then post-conviction proceedings: sentencing and appeals. Understanding Criminal Procedure is primarily designed for law students. The authors have written the Text so that students can use it with confidence that it will assist them in course preparation, and professors can recommend or assign the volumes to students with confidence that they will improve classroom dialogue. Based on comments that the authors received in the past from students and professors alike, they predict that this new, expanded edition of Understanding Criminal Procedure will serve the needs of students and professors even better. Also, based on the experience of prior editions, including citations to this Text in scholarly literature and judicial opinions, we are confident that the two volumes will prove useful to scholars, practicing lawyers, and courts. Understanding Criminal Procedure covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out; and some of the hottest debates in the field are considered in depth and, we think, objectively. Readers should find the Text user-friendly. Students who want a thorough grasp of a topic can and should read the relevant chapter in its entirety. However, each chapter is divided into subsections, so that readers with more refined research needs can find answers to their questions efficiently. The authors also include citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics. And, because so many of the topics interrelate, cross-referencing footnotes are included, so that readers can easily move from one part of the Text to another, if necessary.




Understanding Criminal Procedure: Adjudication


Book Description

The Fourth Edition of this clearly written Understanding treatise is new in many respects. Most significantly, it has been enlarged to two volumes. Volume One: Investigation is intended for use in criminal procedure courses focusing primarily or exclusively on the police investigatory process. Volume Two: Adjudication covers the criminal process after the police investigation ends and the adjudicative process commences. The text covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out and some of the hottest debates in the field are considered in depth and objectively. The authors have also included citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics.




Model Rules of Professional Conduct


Book Description

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.




In Doubt


Book Description

Criminal justice is unavoidably human. Detectives, witnesses, suspects, and victims shape investigations; prosecutors, defense attorneys, jurors, and judges affect the outcome of adjudication. Simon shows how flawed investigations produce erroneous evidence and why well-meaning juries send innocent people to prison and set the guilty free.




United States Attorneys' Manual


Book Description




The Process is the Punishment


Book Description

It is conventional wisdom that there is a grave crisis in our criminal courts: the widespread reliance on plea-bargaining and the settlement of most cases with just a few seconds before the judge endanger the rights of defendants. Not so, says Malcolm Feeley in this provocative and original book. Basing his argument on intensive study of the lower criminal court system, Feeley demonstrates that the absence of formal "due process" is preferred by all of the court's participants, and especially by defendants. Moreover, he argues, "it is not all clear that as a group defendants would be better off in a more 'formal' court system," since the real costs to those accused of misdemeanors and lesser felonies are not the fines and prison sentences meted out by the court, but the costs incurred before the case even comes before the judge—lost wages from missed work, commissions to bail bondsmen, attorney's fees, and wasted time. Therefore, the overriding interest of the accused is not to secure the formal trappings of the judicial process, but to minimize the time, and money, spent dealing with the court. Focusing on New Haven, Connecticut's, lower court, Feeley found that the defense and prosecution often agreed that the pre-trial process was sufficient to "teach the defendant a lesson." In effect, Feeley demonstrates that the informal practices of the lower courts as they are presently constituted are more "just" than they are usually given credit for being. "... a book that should be read by anyone who is interested in understanding how courts work and how the criminal sanction is administered in modern, complex societies."— Barry Mahoney, Institute for Court Management, Denver "It is grounded in a firm grasp of theory as well as thorough field research."—Jack B. Weinstein, U.S. District Court Judge." a feature that has long been the hallmark of good American sociology: it recreates a believable world of real men and women."—Paul Wiles, Law & Society Review. "This book's findings are well worth the attention of the serious criminal justice student, and the analyses reveal a thoughtful, probing, and provocative intelligence....an important contribution to the debate on the role and limits of discretion in American criminal justice. It deserves to be read by all those who are interested in the outcome of the debate." —Jerome H. Skolnick, American Bar Foundation Research Journal