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Criminal Procedure

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ISBN-10: 0534629288

ISBN-13: 9780534629281

Edition: 6th 2005 (Revised)

Authors: Joel Samaha

List price: $186.95
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Joel Samaha's CRIMINAL PROCEDURE, Sixth Edition presents in clear, clean prose the central theme in constitutional democracies?balancing the need for government power to protect public safety with the guarantee of individual liberty and privacy. Samaha's straightforward approach helps students grasp the complexities of the criminal justice system.By focusing on comprehension and not memorization, he helps students understand our criminal procedures and why we need them. This text examines the constitutional requirements of criminal procedure and how these requirements are applied by the courts to law enforcement, prosecution, defense, pre-trial proceedings, adjudication, sentencing, appeal,…    
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Book details

List price: $186.95
Edition: 6th
Copyright year: 2005
Publisher: Wadsworth
Publication date: 6/30/2004
Binding: Hardcover
Pages: 672
Size: 8.25" wide x 10.00" long x 1.00" tall
Weight: 2.992
Language: English

Joel Samaha is Professor of History and Sociology at the University of Minnesota, where he teaches Introduction to Criminal Justice, Criminal Law, Criminal Procedure, The Supreme Court and the Constitution, and "Is there a Wartime Exception to the Bill of Rights?"-a special joint Sociology/History Department topics course. He received his B.A., J.D., and Ph.D. from Northwestern University and studied under the late Sir Geoffrey Elton at Cambridge University, England. Professor Samaha was admitted to the Illinois Bar, briefly practiced law in Chicago, and then taught at UCLA. In 1971, he joined the University of Minnesota, where he served as Chair of the Department of Criminal Justice…    

Criminal Procedure: A Question of Balance
Balance--The Essence of Criminal Procedure
Society and Individual
Ends and Means
Playing by the Rules
Burden of Proof
Adversary Process
Accusatory System
Due Process
Human Dignity
History of Criminal Procedure
Individual Liberty, Privacy, and the "War on Drugs"
How to Read, Analyze, and Find Cases
Federal, State, and Local Governments
Separation of Powers
Deciding Cases and Promoting Values
The Criminal Process
Detection and Investigation
Follow-up Investigation
First Appearance
Testing the Government's Case
Pretrial Motions
Review Proceedings
Discretion and the Criminal Process
The Constitution and Criminal Procedure
The Sources of Criminal Procedure
The U.S. Constitution and Federal Courts
State Constitutions and State Courts
Federal and State Statutes and Rules
Model Codes and Rules
The Supremacy Clause and Judicial Review
Due Process of Law
History of the Due Process Clause
The Incorporation Doctrine
Equal Protection of the Law
Searches and Seizures
Purposes of Searches and Seizures
Purpose of the Fourth Amendment
Fourth Amendment Analysis
Fourth Amendment "Searches"
"Expectation of Privacy"
Plain View, Hearing, Smell, and Touch
High-Tech Enhancement of Ordinary Senses
Open Fields
Public Places
Abandoned Property
Fourth Amendment "Seizures"
Stop and Frisk
The Constitution and Criminal Investigation
Stops, Frisks, and Public Policy
Stop-and-Frisk Law
Two Approaches to Stop-and-Frisk Law
The Test of "Reasonableness"
Terry v. Ohio and Stop-and-Frisk Law
Definition of Fourth Amendment Stops
Reasonable Suspicion
Scope of Reasonable Stops
Stops at International Borders
Definition of Frisk
Reasonable Suspicion for Frisks
Scope of Lawful Frisks
Seizures of Persons: Arrest
Purposes of Arrest and Arrest Law
The Definition of Arrest
Probable Cause
The Manner of Arrest
The Warrant Requirement
Arrests in Homes
Deadly Force
Nondeadly Force
The Period After Arrest
Searches for Evidence
The Importance of the Power to Search
Searches with Warrants
The Particularity Requirement
The Knock-and-Announce Rule
Searches Without Warrants
Searches Incident to (at the time of) Arrest
Consent Searches
Vehicle Searches
Emergency Searches
Container Searches
Special-Needs Searches
Inventory Searches
Border Searches
Airport Searches
Searches of Prisoners
Searches of Probationers and Parolees
Searches of Visitors and Employees of Prisons and Jails
Searches of Students
Employee Drug Testing
Police Interrogation and Confessions
The Confession and Interrogation Setting
The Importance of Interrogation and Confessions
The Abuse of Interrogation
The Constitution and Self-Incrimination
The Due Process Approach
The Right-to-Counsel Approach
The Self-Incrimination Approach
The Meaning of "Witness against Himself"
The Meaning of "Compelled"
The Importance of Miranda v. Arizona
The Effects of Miranda v. Arizona
The Meaning of Interrogation
The Meaning of Custody
The Public Safety Exception to Miranda v. Arizona
Waiver of Miranda Rights
Voluntary Self-Incrimination
Coerced Confessions and the "Harmless Error Rule"
Identification Procedures
Importance and Dangers of Eyewitness Identification
The Constitution and Identification Procedures
Photographic Identification
Refusal to Cooperate in Identification Procedures
DNA Profile Identification
Constitutional Violations: Exclusionary Rule and Other Process Remedies
Nature and Kinds of Remedies
The Exclusionary Rule
History of the Exclusionary Rule
Justifications for the Exclusionary Rule
Exceptions to the Exclusionary Rule
Social Costs and Deterrent Effects
Other Process Remedies
The Defense of Entrapment
Reversible Error
Expungement of Arrest Records
Internal Disciplinary Procedures
Constitutional Violations: Suing the Government
State Civil Actions
Federal Civil Actions
Starting Court Proceedings
The Initiation of Formal Proceedings
The Decision to Charge
Probable Cause Determination
First Appearance
Informing Suspects of Their Rights
Detaining and Releasing Defendants
The Constitution and Bail
Preventive Detention
Conditions of Pretrial Confinement
The Right to Counsel
When the Right to Counsel Attaches
The Meaning of "All Criminal Prosecutions"
The Standard of Indigence
The Right to Effective Counsel
Pretrial, Trial, and Conviction
Testing the Government's Case
Grand Jury Review and Preliminary Hearings
Preliminary Hearing
Grand Jury Review
Summary of Preliminary Hearing and Grand Jury Review
Pretrial Motions
Double Jeopardy Motions
Speedy Trial Motions
Change-of-Venue and Continuance Motions
Change-of-Judge Motions
Motions to Suppress
Jury Trial
The Right to a Public Trial
Conviction by Guilty Plea
After Conviction
After Conviction
Sentencing Authority
Guidelines and Mandatory Minimum Sentencing
Offenders' Rights at Sentencing
Habeas Corpus
Constitution of the United States
Table of Cases