Weaver, Burkoff, Hancock, Hoeffel, Singer and Friedland's Criminal Procedure, Cases, Problems and Exercises Adjudicative Processes, 5th

ISBN-10: 031427944X
ISBN-13: 9780314279446
Edition: 5th 2013 (Revised)
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Description: This book covers the adjudicative chapters of the main Criminal Procedure casebook by Weaver, Burkoff, Hancock, Hoeffel, Singer and Friedland.

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Book details

List price: $175.00
Edition: 5th
Copyright year: 2013
Publisher: West Academic
Publication date: 7/9/2013
Binding: Paperback
Pages: 592
Size: 7.50" wide x 10.00" long x 1.00" tall
Weight: 2.332
Language: English

This book covers the adjudicative chapters of the main Criminal Procedure casebook by Weaver, Burkoff, Hancock, Hoeffel, Singer and Friedland.

Preface to Fifth Edition
Acknowledgments
Table of Cases
Introduction to the Adversary System
Costs and Benefits
The Roscoe Pound-American' Trial Lawyers Foundation-The American Lawyer's Code of Conduct
Seeking the Truth Versus Telling the Truth at the Boundaries of the Law: Misdirection, Lying, and "Lying With an Explanation"
The Future of the Legal Profession: Institutionalizing Ethics
Adversary Advocacy and The Authority of Adjudication
Misunderstanding Lawyers' Ethics (Book Review of Daniel Markovits, A Modern Legal Ethics: Adversary Ethics in a Democratic Age (2008))
Exercise
Defense Counsel's Role
Why Defense Attorneys Cannot, But Do, Care About Innocence
The Ethics of Criminal Defense
Problem
The Prosecutor's Role
The Conscience of a Prosecutor
Prosecutorial Regulation Versus Prosecutorial Accountability
Problem
Prosecutors and Their Agents, Agents and Their Prosecutors
Initial Appearance and Pretrial Release
Initial Appearance
Note and Question
Gerstein v. Pugh
Notes and Questions
Problem
Pretrial Release
Question
Release Determinations
Stack v. Boyle
Problems
The Bail Reform Act
Pretrial Detention
United States v. Salerno
Questions
Problems
Prosecutorial Discretion
Prosecutorial Discretion in Charging
Stephanos Bibas-The Need for Prosecutorial Discretion
United States v. Batchelder
Note
Questions
Problems
Prosecutorial Discretion in Plea Bargaining
Gary Fields and John Emshwiller-Federal Guilty Pleas Soar as Bargains Trump Trials
Questions
Pretrial Diversion for Defendants
Notes and Questions
Selective Prosecution
Wayte v. United States
United States v. Armstrong
United States v. Bass
Notes and Questions
Problems
Vindictive Prosecution
United States v. Goodwin
Notes and Questions
Problem
Case Screening: Preliminary Hearings and Grand Juries
Introduction
Preliminary Hearings
Screening
Pretrial Discovery
Future Impeachment
Perpetuation of Testimony
Pretrial Release
Plea Bargaining
Waiver
Problems
Grand Juries
Selection of the Grand Jury
Problems
Scope of Grand Jury Investigation
Grand Jury Secrecy
The Grand Jury as a Shield
United States v. Williams
Notes and Questions
The Grand Jury as a Sword
Fifth Amendment Rights Applicable to Testimony
Hoffman v. United States
Notes and Questions
Grand Juries-Continued
Fifth Amendment Rights Applicable to Compliance With a Subpoena Duces Tecum
Doe v. United States
Notes and Questions
The Use of "Compelled" Disclosures in Subsequent Proceedings
United States v. Hubbell
Notes and Questions
Discovery and Disclosure
Notice and Motion for Bill of Particulars
Discovery of Exculpatory Evidence
Brady v. Maryland
United States v. Bagley
Notes and Questions
Problems
Preservation of Evidence
Arizona v. Youngblood
Notes
Problems
Discovery Under Rules and Statutes
Notes and Questions
Problems
Discovery by the Prosecution
Williams v. Florida
Notes and Questions
Regulation of Discovery
Note
Joinder and Severance
Joinder and Severance of Offenses
Problems
Joinder and Severance of Defendants
Questions
Problems
Pre-Charge Delay and Speedy Trial
Delay in Bringing the Charge
United States v. Lovasco
Notes and Questions
Problem
Delay in Bringing Defendant to Trial
Barker v. Wingo
Notes
Doggett v. United States
Notes and Questions
Problems
Statutory Prompt Disposition Provisions
Note
Problems
The Right to Counsel
Generally
Betts v. Brady
Gideon v. Wainwright
Notes
Problem: Strained Resources
Argersinger v. Hamlin
Notes
Problems
Waiver of the Right to Counsel
Faretta v. California
Note: Convicted Killer's Right to Proceed Pro Se
Problems
Iowa v. Tovar
Indiana v. Edwards
Problems
Exercise
McKaskle v. Wiggins
Problems
Ineffective Assistance of Counsel
Strickland v. Washington
Notes
Problems
Missouri v. Frye
Note
Florida v. Nixon
Note
Rompilla v. Beard
Notes and Questions
Glover v. United States
Notes and Problems
Exercise
Conflicts of Interest
Cuyler v. Sullivan
Notes
Problems
The Griffin-Douglas Doctrine
Halbert v. Michigan
Ake v. Oklahoma
Problem
Guilty Pleas
Introduction
Policy Concerns
Robert E. Scott & William J. Stuntz-Plea Bargaining as Contract
Notes and Questions
Chester Mirsky-Plea Reform Is No Bargain
The Legal Requirements of a Valid Guilty Plea
Boykin v. Alabama
Notes and Questions
Problem
United States v. Ruiz
Notes and Questions
Plea Negotiation Roles
Albert W. Alschuler-The Prosecutor's Role in Plea Bargaining
Note
Albert W. Alschuler-The Defense Attorney's Role in Plea Bargaining
Exercise
Withdrawing a Guilty Plea
Jury Trials
Right to Jury Trial
Blanton v. City of North Las Vegas
Notes and Questions
Jury Size and Unanimity
Williams v. Florida
Notes
Apodaca v. Oregon
Notes and Questions
Selecting Prospective Jurors
The Fair Cross-Section Requirement
Duren v. Missouri
Notes and Questions
Jury Selection Process
Notes and Questions
Constitutional Limits on Peremptory Challenges
Miller-El v. Dretke
Notes and Questions
The Right to Confrontation
Modern Confrontation Clause Analysis
Crawford v. Washington
Problems
Distinguishing Testimonial Statements From Statements Made for the Purpose of Resolving an On-Going Emergency
Hammon v. Indiana; Davis v. Washington
Notes and Problems
Implied Waiver of Confrontation Clause Rights: Forfeiture by Wrong-doing
Problems
Expert Reports and Confrontation
Melendez-Diaz v. Massachusetts
Notes and Problems
Notes and Problems
Violent Crime and Confrontation
Michigan v. Bryant
Problem
The Bases of Expert Testimony
Williams v. Illinois
Notes and Problems
Confrontation in Sexual Assault Cases
Notes and Problems
Freedom of the Press and Fair Trials
Failing to Control the Press
Sheppard v. Maxwell
Pretrial Publicity and Defendant's Right to a Fair Trial
Change of Venue
United States v. Lindh
Notes
Problems
Due Process and Pretrial Publicity
Shilling v. United States
Notes
Problems
Gagging the Press
Nebraska Press Association v. Stuart
Notes
Problems
Press Access to Judicial Proceedings
Globe Newspaper Co. v. Superior Court
Press-Enterprise Co. v. Superior Court
Notes
Problems
Broadcasting Legal Proceedings
Chandler v. Florida
Notes
Sentencing
Sentencing Procedures
Proportionality of Punishment
Ewing v. California
Notes and Questions
The Right to a Jury Trial Meets Sentencing: Apprendi's Sea Change
Apprendi v. New Jersey
Notes
United States v. Booker
Notes and Questions
Double Jeopardy
Double Jeopardy and the Joinder of Offenses
Notes
Problems
Collateral Estoppel (Issue Preclusion) and the Joinder of Offenses
Ashe v. Swenson
Notes
Termination of the Case by Dismissal or Acquittal
United States v. Scott
Notes and Questions
Termination of the Case by Conviction
Lockhart v. Nelson
Notes and Questions
Problem
Retrials and Increased Penalties
North Carolina v. Pearce
Notes
Post-Trial Motions and Direct Appeals
Review by the Trial Court
Trial De Novo
Motions for New Trial and to Set Aside the Verdict
Problems
Direct Appeal in the State Courts
The Right to Appeal
Standards of Review
Structural Errors and Harmless Error Review
Chapman v. California
Notes
Plain Error Review
United States v. Olano
Note
Review for Sufficiency of the Evidence
Waiver of the Right to Appeal
Problem
Ethics and the Frivolous Appeal
Appeals of Last Resort
Collateral Remedies
Introduction
Williams v. Taylor
Notes
Custody
Garlotte v. Fordice
Note
Violations of Federal Law
Stone v. Powell
Notes
Exercise
Problems
Williams v. Taylor
Carey v. Musladin
Notes
Exhaustion of Remedies
Notes and Questions
Abuse of the Writ and Procedural Default
Successive Petitions as an Abuse of the Writ
Slack v. McDaniel
Notes
Procedural Default
Wainwright v. Sykes
Notes
Problem
Claims of Actual Innocence as "Gateways" to Federal Habeas Corpus Review
Note
Index

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