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Constitutional Law and Criminal Justice

ISBN-10: 1420086103
ISBN-13: 9781420086102
Edition: 2009
Authors: Cliff Roberson
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Description: Not requiring a legal background, this straight forward text examines the U.S. Constitution and implications of its interpretation as applied to criminal justice systems and policies. Authored by a world-famous legal scholar, it brings clarity to  More...

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Book details

List price: $121.95
Copyright year: 2009
Publisher: CRC Press LLC
Publication date: 2/23/2009
Binding: Hardcover
Pages: 384
Size: 6.50" wide x 9.75" long x 0.75" tall
Weight: 1.452
Language: English

Not requiring a legal background, this straight forward text examines the U.S. Constitution and implications of its interpretation as applied to criminal justice systems and policies. Authored by a world-famous legal scholar, it brings clarity to the complicated development of constitutional law, covering such topics as search and seizure, arrest and civil rights, judiciary first amendment, and due process. Two appendices contain the Constitution and a glossary. In addition to meeting college course needs, this work provides a superior historical reference for those working with criminal justice issues. Qualifying instructors will have access to an instructors manual, test bank, and PowerPoint slides.

Michael Birzer is Associate Professor of Criminal Justice and Director of the School of Community Affairs at Wichita State University, Kansas. Cliff Roberson is Editor-in-Chief of the Professional Issues in Criminal Justice Journal , Academic Chair for the Master of Science in Criminal Justice Program at Kaplan University, and an Emeritus Professor of Criminal Justice at Washburn University, Topeka, Kansas.

List of Illustrations
Preface
The Author
Introduction to the U.S. Constitution
Introduction
Original Constitution
Bill of Rights
First Amendment
Second Amendment
District of Columbia v. Heller, 2008 U.S. LEXIS 5268 (2008)
Third Amendment
Fourth Amendment
Fifth Amendment
Sixth Amendment
Seventh Amendment
Eighth Amendment
Ninth Amendment
Tenth Amendment
Application of the Bill of Rights to State and Local Prosecutions
Supreme Law of the Land
Overview of the Judiciary
State or Federal Issue
Appellate Courts
New York State Court of Appeals
Necessity for Criminal Leave Application
Article III Federal Courts
Organization of Federal Courts
Article III, Section 1, U.S. Constitution
Article III, Section 2, U.S. Constitution
Supreme Court Procedures
Judicial Authority and Power
Supreme Court Justices (2008-2009 Term)
Chief Justice
Associate Justices
Capstone Case: United States v. Lopez, 514 U.S. 549 (1995)
Background
Facts of the Case
Majority Opinion
Concurring Opinions
Dissents
Subsequent Congressional Action
Questions in Review
The Concept of Due Process
Introduction
Defining Due Process
Early History of Due Process Clause
States and the Fourteenth Amendment
Application of the Bill of Rights to the States
Due Process beyond the Bill of Rights
Facts
Court's Opinion
Procedural Due Process
Substantive Due Process
Police Power
Vagueness
Equal Protection of the Law
Capstone Case: Medina v. California, 505 U.S. 437 (1992)
Questions in Review
Fourth Amendment
History
Overview of the Amendment
What Constitutes a Search?
Reasonable Expectation of Privacy
Plain View
Government Intrusion
Protected Areas
Probable Cause
Warrants
Sufficiency of the Affidavit
Mistakes in the Place to Be Searched
Using Informants to Establish Probable Cause
Arrests
Capstone Case: Atwater v. City of Lago Vista, 149 L. Ed. 2d 549 (2001)
Questions in Review
Fourth Amendment Issues
Introduction
Searches without Warrants
With Probable Cause
Probable Cause Not Needed
Searches Incident to Arrest
Searches of Probationers and Parolees
No Reasonable Expection of Privacy Situations
Consent Searches
Open Fields
Plain View
Abandoned of Property
Aerial Observations
Student Searches
Arrests without Warrants
Selected Court Cases on Arrests
Terry Stops
Selected Court Cases on Terry Stops
Traffic Stops
Scope of the Search
Search of a Residence
Search of Students
Vehicle Searches
Wiretaps
Cellular Telephones
Capstone Case: Virginia v. Moore, 128 S. Ct. 1598 (2008)
Questions in Review
Exclusionary Rule
Introduction
Mapp v. Ohio
Brief History of the Rule
Standing to Object
Fruit of the Poisonous Tree
Exceptions to the Rule
Good Faith Exception
Purged Taint
Independent Source
Inevitable Discovery
Impeachment of Defendant
Noncriminal Trial Proceedings
Civil Tax Proceedings
Quasi-Criminal Proceedings
Deportation Hearings
Probation Revocation Hearings
Situations Where the Rule Has Not Been Applied
Violation of the Knock-and-Announce Requirement
Searches Based on Erroneous Information
Exclusionary Rule and the Fifth Amendment
Exclusionary Rule and the Sixth Amendment
Capstone Case: Groh v. Ramirez, 540 U.S. 551 (2004)
Questions in Review
Fifth Amendment Issues
Introduction
Grand Jury
Infamous Crime
Discrimination in Selection of Grand Jury Members
Evidence
Sufficiency of an Indictment
Double Jeopardy
Application of Prohibition
Collateral Estoppel
Self-Incrimination
Coverage of the Privilege
Establishing Voluntariness of Statement
Miranda Warning
The Warning
In-Custody Requirement
What Constitutes Interrogation?
When Interrogation Must Stop
Exceptions to the Rule
Public Safety Exception
Where Vienna Convention Was Violated
Statements Made during Medical Treatment
Undercover Agents
Deportation Proceedings
Initial Inquiry and Booking
Failure to Advise Defendant of Other Suspected Crimes
Fruit of the Poisonous Tree
Involuntary Confessions
Commenting on Defendant's Silence
Capstone Case: Missouri v. Seibert, 542 U.S. 600 (2004)
Questions in Review
Sixth Amendment Issues
Introduction
Speedy Trial
Constitutional Right to a Speedy Trial
Statutory Right to a Speedy Trial
Public Trial
Impartial Jury
Right to Jury Trial
Impartial Jury
Pretrial Publicity
Voir Dire of Jury
Selection of Jurors
Attitude toward Death Penalty
Number of Jurors
Nonunanimous Verdicts in State Courts
Judge Commenting on Evidence
Judicial Instructions
Questioning
Urging Jury to Reach Verdict
Penalty for Exercising Right to Jury Trial
Trial in the Judicial District in Which the Crime Was Committed
To Be Informed of the Nature and Cause of the Accusation
Right to Confront the Witnesses
To Have a Compulsory Process for Obtaining Witnesses in His Favor
To Have Assistance of Counsel for His Defense
Right to Appointed Counsel
Effective Assistance of Counsel
Right to Represent Self
Standard of Competence Required for Self-Representation
When the Right to Appointed Counsel Attaches
Right to Counsel on Appeal for Indigent Defendants
Guilty Pleas
Capstone Case: United States v. Gonzalez-Lopez, 548 U.S. 140 (2006)
Questions in Review
The Eighth Amendment
Introduction
Death Penalty as Cruel and Unusual
Is the Death Penalty Cruel and Unusual?
Executing the Mentally Retarded
History of Death Penalty's Methods of Execution
Death Penalty for Crimes Other than Murder
Noncapital Punishments
Robinson v. California
Other Cruel and Unusual Punishments
Jail and Prison Conditions as Cruel and Unusual
Prison Conditions and Treatment
Jails
Court Sentences as Cruel and Unusual
Bail
Excessive Bail
Protective Custody Awaiting Trial
Capstone Case: Overton v. Bazzetta, 539 U.S. 126 (2003)
Questions in Review
Endnote
The First Amendment
Introduction
Religious Issues
Freedom of the Press
Prior Restraints on Publications
Distribution of Publications
Right to Assemble and Free Speech
Petitions to the Government
Right of Privacy
Obscenity
Students and the First Amendment
Freedom of Expression in Schools
School Assignments
Public Funding of Education
Use of School Property
School Prayers
Prisoners and the First Amendment
Regulation of Incoming Publications
Prisoner's Mail
Right of Association
Capstone Case: Morse v. Frederick, 127 S. Ct. 2618 (2007)
Questions in Review
Civil Liability and the Criminal Justice Professional
Introduction
Federal Civil Rights
Under Color of Law
Excessive Force Used in an Arrest
Use of Deadly Force
Private Correctional Officers
False Arrest Statute of Limitations
Abusive Interrogations
Violations of Constitutional Rights in a Foreign Country
General Rules of Liability
Liability of Federal Agents under 42 USCS � 1983
Officer's Duty to Arrest
Liability of a Public Agency for Failure to Train Its Police Officers
Immunity from Liability
Prosecutors
Capstone Case: Wilson v. Layne, 526 U.S. 603, 628 (1999)
Questions in Review
Terrorism and the Writ of Habeas Corpus
Introduction
Boumediene v. Bush Case
Subsequent Proceedings
Questions in Review
Glossary
References
U.S. Constitution
Search Warrants
Grand Jury Indictment, August 2005-at Alexandria, Virginia
Index

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