Constitutional Law

ISBN-10: 1455730076
ISBN-13: 9781455730070
Edition: 13th 2012 (Revised)
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Description: An incomparably clear and contemporary introduction to the field, Constitutional Law decodes the "legalese," simplifies jurisprudence, and examines those specific provisions that govern the day-to-day work of criminal justice personnel while  More...

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Book details

List price: $99.95
Edition: 13th
Copyright year: 2012
Publisher: Routledge
Publication date: 4/25/2012
Binding: Paperback
Pages: 810
Size: 7.75" wide x 9.25" long x 1.25" tall
Weight: 3.212
Language: English

An incomparably clear and contemporary introduction to the field, Constitutional Law decodes the "legalese," simplifies jurisprudence, and examines those specific provisions that govern the day-to-day work of criminal justice personnel while protecting the individual rights of whom they serve.Part one's highly organized sequencing and structure explains legal concepts and principles in digestible sections, breaking complex ideas down into parts and making them easier to swallow. The first chapter summarizes the organization and content of the Constitution, providing an overview of our judicial system and how cases reach the Supreme Court. The next five chapters provide in-depth coverage of constitutional restrictions on police authority to detain, arrest, use force, search for and seize evidence, engage in technologically assisted surveillance, interrogate suspects, and obtain confessions.The next three chapters cover the Fifth Amendment privilege against compulsory self-incrimination, the Fourth Amendment defense against highly intrusive bodily searches, Due Process requirements for witness identification procedures, a criminal defendant's right to counsel, and the constitutional safeguards applicable during the trial and punishment phases of a criminal case.The final chapter covers the constitutional and other legal protections criminal justice professionals enjoy in their capacity as employees, as well as their civil liability for violating the constitutional rights of others.The second part of the book contains approximately 200 pages of summarized cases which have been newly edited to ensure accessibility. These cases are specifically mapped to individual chapter topics to help you learn the doctrines and methods of constitutional argument, as well as how these can applied in a variety of prospective scenarios.* Updated with current constitutional decisions and precedents that reflect those issues of most concern to criminal justice professionals.* Each chapter begins with a outline, concludes with a summary, and includes boxed key terms and concepts.* A highly organized structure explains legal concepts and principles in digestible sections, breaking complex ideas down into parts and making them easier to swallow.* Part II contains briefs of judicial decisions related to the topics covered in the text that help the reader learn the doctrines and methods of constitutional argument, as well as how these can applied in hypothetical situations.

Preface
About the Author
Case Citation Guide
Sample Case Citations
Tables of cases
History, Structure, and Content of the United States Constitution
Section
History of the United States Constitution
-Early Steps Toward National Unity
-Articles of Confederation
-Drafting the United States Constitution
-Ratification by the States
-Structure and Content of the Constitution
-Separation of the Powers of the National Government
-Division of Power between the National Government and the States
-Powers Granted to the Federal Government
-Powers the States Are Forbidden to Exercise
-Sovereign Powers Retained by the States
The Bill of Rights
-Applying the Bill of Rights to the States Through the Fourteenth Amendment
The Fourteenth Amendment as a Limitation on State Power
-Due Process of Law
-Equal Protection of the Laws
Adjudication of Constitutional Questions
Federal Remedies for Constitutional Abuses
Summary
Freedom of Speech
Section
Historical Background
Overview of Constitutional Protection for Speech and Expressive Conduct
Is Speech Involved?
First Amendment Distinction between a Speaker's Message and the Conduct Associated with Communicating It
Punishing Speech Because of the Message
-Obscenity and Child Pornography
-Fighting Words
-Threats
-Incitement to Immediate Illegal Action
-Hate Speech
-Crude and Vulgar Speech
-Commercial Speech
Restraints on Speech Based on Considerations Other Than the Message
Free Speech Access to Government Property: Public Forums and Nonpublic Forums
-Protecting the Community from Nuisances Linked to Speech
-Free Speech Access to Private Property
-Need for Precision in Regulating Speech
Summary
Authority to Detain and Arrest; Use of Force
Section
Introduction
Overview of the Fourth Amendment
Crossing the Boundary of the Fourth Amendment
-"Free Zone" for Investigative Work
-"Seizure" Defined
-Fourth Amendment Grounds for a Lawful Seizure
Investigatory Stops
-Reasonable Suspicion
-Scope and Duration of Investigatory Stops
Traffic and Vehicle Stops
-Pretextual Traffic Stops
Requirements for a Constitutional Arrest
-Probable Cause
-Requirements for a Valid Arrest Warrant
-Arrests Inside a Private Residence
Use of Force in Making an Arrest or Other Seizure
State Arrest Laws
-Territorial Limits on a Police Officer's Arrest Authority
Summary and Practical Suggestions
Search and Seizure
Section
Overview of the Law of Search and Seizure
Analysis of the Investigation
-Definition of a Search
-Sources of Search Authority
-Fourth Amendment Requirements for Seizing Property
-The Fourth Amendment Search Warrant
Searches Involving People and Personal Effects
-The Terry Search Revisited
-Search Following a Custodial Arrest
Vehicle Searches
-Search of Vehicles Pursuant to a Detention or Arrest
-Search of Vehicles Based on Probable Cause ("Automobile Exception")
-Inventory Searches of Impounded Vehicles
Search of Protected Premises
-Premises Protected by the Fourth Amendment
-Entry and Search of Premises Under a Warrant
-Entry and Search of Premises Without a Warrant
The Exclusionary Rule
Summary and Practical Suggestions
Laws Governing Police Surveillance
Section
Introduction to the Laws Governing Police Surveillance
Fourth Amendment Foundation of Police Surveillance Law: The Katz Standard
Application of the Katz Standard to Non-assisted Surveillance
Application of the Katz Standard to Technologically Assisted Surveillance: An Overview
-Electronic Tracking
-Video Surveillance
-Detection Devices
The Wiretap Act
-Scope of the Wiretap Act
-Procedural Requirements for Intercepting Protected Communications
Communication Surveillance Not Regulated by the Wiretap Act
-Listening with the Unaided Ear
-Interception of an Oral Communication Where the Target Lacks a Reasonable Expectation of Freedom from Interception
-Interception Conducted with the Consent of a Party
-E-mail, Voice Mail, and Text Messages
-Pen Registers and Trap-and-Trace Devices
Foreign Intelligence Surveillance Act
Summary and Practical Suggestions
Interrogations and Confessions
Section
Introduction
The Free and Voluntary Rule
The Fourth Amendment Exclusionary Rule
Overview of the Rules Governing Custodial Interrogation
The McNabb-Mallory Delay in Arraignment Rule
Protection for the Fifth Amendment Privilege Against Self-incrimination During Police Interrogations: The Miranda Rule
-Custodial Interrogation Defined
-Procedural Requirements for Custodial Interrogations: Miranda Warnings and Waivers
The Sixth Amendment Right to Counsel During Interrogations Conducted After the Commencement of Adversary Judicial Proceedings
Use of Inadmissible Confession for Impeachment
Restrictions on the Use of Derivative Evidence
Restrictions on the Use of Confessions Given by Accomplices
The Requirement of Corroboration of Valid Confessions
Summary and Practical Suggestions
Compulsory Self-incrimination
Section
Introduction
Fifth Amendment Protection Against Testimonial Self-Incrimination
-Prerequisites for Application of the Fifth Amendment
-Rules for Invoking and Waiving Fifth Amendment Protection
-Protection Against Adverse Consequences from Exercising the Privilege Against Self-incrimination
-Self-Reporting Laws and the Fifth Amendment
Fourth Amendment Protection Against Bodily Self-incrimination
--Requirements for Appearance Evidence
-Requirements for Bodily Evidence
-Necessity of a Search Warrant to Explore for Bodily Evidence
-Strip Searches and Manual Body Cavity Searches
Summary and Practical Suggestions
Right to Counsel
Section
Overview of the Sixth Amendment Right to Counsel
-The Indigent Person's Right to Appointed Counsel
-The Right to Assistance of Counsel in Pre- and Post-Trial Proceedings: Critical Stages of the Prosecution and Criminal Appeals
-The Defendant's Right to Self-Representation
-Ineffective Assistance of Counsel
Sixth Amendment Restrictions on the Conduct of the Police
Pretrial Identification Procedures
-Fourth Amendment Limitations on Admission of Pretrial Identification Testimony
-Due Process Requirements for Pretrial Identification Procedures
-Right to Counsel During Pretrial Identification Procedures
Summary and Practical Suggestions
Trial and Punishment
Section
Overview of Constitutional Safeguards During the Trial and Punishment Phases of a Criminal Case
The Fifth Amendment Double Jeopardy Prohibition
-Prohibition of Multiple Prosecutions for the Same Offense
-Prohibition of Multiple Punishments for the Same Offense
Sixth Amendment and Due Process Requirements for Fair Trials
-Speedy Trial
-Public Trial
-Confrontation of Adverse Witnesses
-Fair and Impartial Tribunal
-Pretrial Publicity
-Trial by Jury
-Preservation and Disclosure of Evidence Favorable to the Defense
Eighth Amendment Requirements for Punishment
-Constitutionally Acceptable Punishments
-The Death Penalty
-Eighth Amendment Protection Inside Prison Walls
Summary and Practical Suggestions
Constitutional Rights and Liabilities in the Workplace
Section
Introduction
First Amendment Protection for Work-Related Speech
Fourth Amendment Protection Against Workplace Searches
Fifth Amendment Protection Against Self-Incrimination
Fourteenth Amendment Protection for a Police Officer's Personal Liberty
Procedural Due Process in Police Disciplinary Actions
Employment Discrimination Based on Race, Color, Religion, Gender, or National Origin
Equal Protection in the Police Workplace
Constitutional Accountability Under Federal Law
Summary
Judicial Decisions and Statutes Relating To Part I
Glossary
Appendix
Index of Cases
Index

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