Constitutional Law for the Criminal Justice Professional

ISBN-10: 0849311551
ISBN-13: 9780849311550
Edition: 1999
Authors: Carl J. Franklin
List price: $125.95
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Description: Finally-a book that makes constitutional law easy to understand. Written in a simple, straightforward manner, this book will help today's criminal justice student better understand constitutional law issues as well as the complicated development of  More...

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Book details

List price: $125.95
Copyright year: 1999
Publisher: CRC Press LLC
Publication date: 3/16/1999
Binding: Hardcover
Pages: 328
Size: 6.25" wide x 9.25" long x 1.00" tall
Weight: 1.496
Language: English

Finally-a book that makes constitutional law easy to understand. Written in a simple, straightforward manner, this book will help today's criminal justice student better understand constitutional law issues as well as the complicated development of constitutional rights and law. The simple, easy-to- understand format, makes this book a must for both criminal justice professionals and students.

Author and herpetologist Carl J. Franklin is the curator of the Amphibian and Reptile Diversity Research Center at the University of Texas at Arlington . His writings on turtles and other herpetological subjects have appeared in both popular and technical publications. A boundless enthusiast, Carl spends an inordinate amount of time in the field collecting specimens from the United States , Mexico , and Central and South America . He lives in Grand Prairie , Texas , with his wife, son, dogs, and turtles.

Introduction to Constitutional Law
Why is the Constitution So Important?
Foundations of the Term "Constitution"
Development of the Term
The Constitution as a Paradigm
A Brief History of the U.S. Constitution
The Idea of a Constitution
The English Charters
The Colonial Charters
Americans and the Revolution
The New Government
The Articles of Confederation
The Post-War Rebellions
The Early Conventions
The Philadelphia Convention
Preparing for the Convention
The Beginning of the Convention
The Virginia Plan
The Pinckney Plan
The Debates
The Campaign for Ratification
Adding the First Amendments
Article III -- The Judiciary
Organization of the Courts
Creating the Federal System
One Supreme Court
The Inferior Courts
Creation of the Courts
Abolition of Courts
Compensation of Judges
Courts of Specialized Jurisdiction
Bankruptcy Courts
Judicial Power
Characteristics and Attributes of Judicial Power
"Shall Be Vested"
Getting into Federal Court
Choosing between State and Federal Court
The Power of Contempt
Sanctions Other Than Contempt
Power to Issue Writs: The Act of 1789
Habeas Corpus: Congressional and Judicial Control
Habeas Corpus: The Process of the Writ
Judicial Review
The Establishment of Judicial Review
Marbury v. Madison
Judicial Review and National Supremacy
Limitations on the Exercise of Judicial Review
Constitutional Interpretation
The Doctrine of "Strict Necessity"
Presumption of Constitutionality
Stare Decisis in Constitutional Law
First Amendment -- Religion and Expression
Religion: An Overview
Introduction
Early Work by the Founders
Shaping an Amendment
Early Challenges to the Amendment
"Establishment of Religion"
Financial Assistance to Church-Related Institutions
Government Encouragement of Religion in Public Schools
Development of Other Legal Standards
Government Neutrality in Religious Disputes
Sunday Closing Laws
Free Exercise of Religion
The Belief-Conduct Distinction
Government Restrictions on Conduct
Freedom of Expression: Speech and Press
Introduction
Adoption and the Common Law Background
Is There a Difference between Speech and Press?
The Doctrine of Prior Restraint
Injunctions and the Press in Fair Trial Cases
Obscenity and Prior Restraint
Subsequent Punishment: "Clear and Present Danger" and Other Tests
"Clear and Present Danger"
The Adoption of "Clear and Present Danger"
"Clear and Present Danger" Revised: The Dennis Case
Balancing the Speech and the Restriction
Other Tests and Standards
The Present Test
Rights of Assembly and Petition
Background and Development
Fourth Amendment -- Search and Seizure
The History and Application of the Fourth Amendment
History of the Amendment
Application of the Amendment
Search without a Warrant
Who is Protected under the Amendment?
The Interest Protected
Arrests and Other Detentions
What is a Seizure?
Detention Short of Arrest: Stop-and-Frisk
Searches and Seizures Pursuant to Warrant
Introduction
Issuance by Neutral Magistrate
Probable Cause
Particularity
First Amendment Bearing on Probable Cause and Particularity
Property Subject to Seizure
Execution of Warrants
Knock and Announce
Timeliness
Third Parties on the Premises
Warrantless Searches and Exceptions to the Warrant Requirements
Introduction
Search Incident to Arrest
Vehicular Searches
Vessel Searches
Consent Searches
Border Searches
Open Fields
Plain View
Public Schools
Government Offices
Prisons and Regulation of Probation
Drug Testing
Electronic Surveillance under the Fourth Amendment
Development of the Early Standard
Evolution to a Modern Standard of Judicial Scrutiny
Warrantless "National Security" Electronic Surveillance
Enforcing the Fourth Amendment
The Exclusionary Rule
The Foundations of the Exclusionary Rule
Narrowing Application of the Exclusionary Rule
Alternatives to the Exclusionary Rule
Fifth Amendment -- Rights of Persons
Indictment by Grand Jury
Developing a Right
Indictment and Infamous Crimes
Double Jeopardy
Development and Scope
Jeopardy at Pretrial Proceedings
Concurrent and Overlapping Jurisdictions
Subsequent Prosecution Following Mistrial
Subsequent Prosecution Following Acquittal
Reprosecution Following Conviction
Sentence Increases
Double Jeopardy and "the Same Offense"
Two or More Victims
Self-Incrimination
Development and Scope
Application of the Privilege: Corporations and Non-Human Legal Entities
Application of the Privilege: Persons
The Power to Compel Testimony and Disclosure: Immunity
Required Records Doctrine
Confessions and Police Interrogation: Initial Application of Due Process
The Common-Law Rule
State Confession Cases
Self-Incrimination: From Voluntariness Standard to Miranda
Introduction
Miranda v. Arizona: The Case
Other Interpretations of Miranda
Assertion of the Rights and Application of the Warnings
Procedure in the Trial Courts
Due Process under the Fifth Amendment
History of the Protection
Scope of the Guaranty
Procedural Due Process
Substantive Due Process
Sixth Amendment -- Rights of Accused in Criminal Prosecutions
Speedy Public Trial
Coverage
Right to a Speedy and Public Trial
Source and Rationale
Application and Scope
When the Right is Denied
Public Trial
Right to Trial by Impartial Jury
Development of the Right
The Attributes of the Jury
Criminal Proceedings to Which the Guarantee Applies
Impartial Jury
Place of Trial: Selecting a Jury of the Vicinage
Right of Notification and Confrontation
Notice of Accusation
Confrontation
Compulsory Process
Assistance of Counsel
Development of an Absolute Right to Counsel at Trial
Protection of the Right to Retained Counsel
Effective Assistance of Counsel
Right to Self-Representation
Right to Assistance of Counsel in Nontrial Situations
Judicial Proceedings before Trial
Pre-Charge Issues: Custodial Interrogation
Lineups and Other Identification Situations
Post-Conviction Proceedings
Noncriminal and Investigatory Proceedings
Eighth Amendment -- Further Guarantees in Criminal Cases
Excessive Bail
Introduction
Standards of Bail
Cruel and Unusual Punishments
Excessive Fines
Standards for Cruel and Unusual Punishment
Interpretation of the Amendment
Defining "Cruel and Unusual Punishments"
Specific Issues in Capital Punishment
Capital Punishment for Other Offenses: Rape and Non-Murder Cases
Felony Murder
Race
Execution of the Insane
Mentally Retarded
Juveniles
Procedural Delay
Proportionality
Other Issues under the Eighth Amendment
Convictions Based on Status
Prisons and Punishment
Limitation of the Clause to Criminal Punishments
Fourteenth Amendment -- Due Process and Equal Protection
Due Process of Law
The Development of Substantive Due Process
Police Power Defined and Limited
Health, Safety, and Morals
Procedural Due Process
Introduction
The Elements of Due Process: Definiteness
Statutory Notice
Entrapment
Criminal Identification Process
Initiation of the Prosecution
Fair Trial
Guilty Pleas
Prosecutorial Misconduct
Sentencing
The Constitution of the United States of America
Amendments to the Constitution of the United States of America
Case Listing
Index

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