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