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