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Criminal Procedure II From Bail to Jail

ISBN-10: 0735550638

ISBN-13: 9780735550636

Edition: 2005

Authors: Richard G. Singer

List price: $38.95
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Description:

Both students and instructors will appreciate the careful construction of this concise reference: - time-tested Examples & Explanations pedagogy helps students master material - clear and engaging writing style makes complex topics accessible to students - effectively compares approaches taken by various jurisdictions - chapter on sentencing includes detailed discussion of Apprendi and Blakely and a review of post-Booker scenarios Criminal Procedure II: Examples & Explanations is: - the only study guide to offer comprehensive coverage of all the traditional topics in the Criminal Procedure II course - completely up-to-date with cases from recent Supreme Court terms, including Guantanamo Bay and "enemy combatant" cases - written by the well-known author of the successful Criminal Law: Examples & Explanations, now in its Third Edition The proven Examples & Explanations format encourages comprehension through: - clear and concise explanations - examples that illustrate and demonstrate key concepts - questions to test student comprehension of the material and provide practice in applying information to fact patterns
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Book details

List price: $38.95
Copyright year: 2005
Publisher: Wolters Kluwer Law & Business
Publication date: 2/18/2005
Binding: Paperback
Pages: 357
Size: 6.75" wide x 9.75" long x 0.75" tall
Weight: 1.496
Language: English

Preface
Acknowledgments
Introduction
Sources
An Overview - The Importance of Discretion
Early Decisions about the Newly Arrested Defendant
The Probable Cause Hearing and the Initial Appearance
Bail
The Mechanics of Bail
Bail before the 1960s
Bail Reform in the 1960s and Later
Determining Bail
The Procedures of Bail
Preventive Detention - Security of the Community as a Criterion of Bail
The "Capital" Exception to Bail
Non-Capital Felonies
Preventive Detention - Locking the Barn While the Horse Is Still There
Pre-Trial Diversion
Examples/Explanations
Charging Decisions
Introduction
The Decision to Prosecute
The Public Prosecutor
The Basic Decision - Whether to Charge the Defendant at All
Factors Involved
Deciding Whether to Charge
Attacking the Decision to Prosecute - The Defendant without an Immediate Remedy
Generally
"Selective Enforcement"
Discriminatory Impact
Discriminatory Intent
An Alternative View - Judicial Integrity
Prosecutorial "Defenses" to Selective Enforcement
Vindictive Prosecution
Deciding Not to Prosecute
The Victim without a Remedy
Agreeing Not to Prosecute - Waiver of Civil Claims
The Decision to Prosecute: WHAT to Charge
Pre-Trial Diversion
Examples/Explanations
The Grand Jury: Gathering Information and Overseeing the Prosecutor's Charging
Introduction
The Grand Jury as an Investigative Body
Subpoena Power
Secrecy of Grand Jury Proceedings
Conferring Immunity
"Pocket" Immunity
"Runaway" Investigative Grand Juries
Evidence in the Grand Jury
Inapplicability of the Sixth Amendment
The Grand Jury as a Screening Device
Presentments
Indictments
Examples/Explanation
Alternatives to the Grand Jury: Informations and Preliminary Hearings
"Information"
Preliminary Hearing
Examples/Explanations
Evidence Disclosure (Discovery)
Overview
"Brady" Materials - The Constitutional Minimum
Defining "Materiality"
Aggregating the Nondisclosed Evidence
Nonconstitutional Rules of Discovery
Defendant's Statements
Information about Witnesses
Names and Addresses
Statements
Impeachment Evidence
Police Reports
Expert Reports and Witnesses
Information About the Police
The Work Product Exception
Timing of Discovery
Non-Brady Discovery: A Recap
The Defense Duty of "Reasonable Diligence"
Who Is "the Government" for Purposes of Discovery?
Alternative Means of Discovery
"Open File" Discovery - With a Caveat
The Practice of Discovery - "Real Life" versus "Rules"
Discovery from the Defense
Preservation of Evidence
Sanctions
Examples/Explanations
Pleas of Guilt and Bargained Pleas
The Concept of "Pleading Guilty"
The Prerequisites of a Valid Guilty Plea
Voluntary
Intelligent
Knowing
Knowing the Charge - Factual Basis
Knowing the Impact - "Direct" and "Collateral" Consequences
The "Conditional" Plea
Withdrawing a Guilty Plea
Examples/Explanations
Plea Bargaining - Bane or Salvation?
An Overview
Types of Bargains
Inducements - Or Threats?
Judicial Participation
Waiving Rights
Accepting and Enforcing the Bargain
The Contract Analogy
Assessing Plea Bargaining
Examples/Explanations
The Jury
Overview
Selecting a Jury
Determining the "District"
Determining the "Pool"
Constructing the Wheel
Composing the Wheel
The Cross-Section Requirement
What Is the "Community"?
Defining "Cognizable Groups"
Measuring Disproportionate Representation
The Venire - From Potential Service to Juror
Voir Dire - Establishing Information for Challenges
Voir Dire and Juror Privacy
Challenges for Cause
Nullification As a Ground for Cause
Pre-Trial Publicity As a Ground for Cause
Peremptory Challenges
A Quick Summary
Examples/Explanations
The Passive Jury - And Jury Reform
The Jury - Alternate Jurors
Jury Behavior - Reviewing Jury Verdicts
Evidentiary Transgressions - Jury Experimentation and Resort to Outside Evidence
Juror Competence - Revealed "Cause" and Intransigence
Juror Competence and Pressure - Herein of Threats, and Drugs, and Attention Spans
Uncovering Jury Misbehavior - External and Internal Information
Examples/Explanations
Double Jeopardy
The General Issue
The Purpose of Double Jeopardy
When Does Jeopardy Begin?
When Is a Defendant "Acquitted"?
The "Same Offense" Doctrine
The "Same Elements" Test - Blockburger v. United States
The "Same Conduct" and the "Same Evidence" Tests
"Multiplicity"
Collateral Estoppel (Issue Preclusion)
Multiple Punishments
Joinder and Severance - The "Kissing Cousins" of Double Jeopardy
Examples/Explanations
Hung Juries, Mistrials, and Manifest Necessity
Mistrials
Hung Juries
Trial Errors
Successful Appeals: Double Jeopardy and Vindictiveness
The Dual Sovereignty Doctrine
Examples/Explanations
Assistance of Counsel
The Right to Counsel
The Right to Appointed Counsel
The Right to Appointed Counsel - To What Does It Apply?
What Is a "Criminal Prosecution"?
What Constitutes Part of a "Criminal Prosecution"?
The Right to Appointed Counsel - Gideon and Argersinger
The Right to Appointed Counsel - Systems of Providing Counsel
The Right to Effective Counsel
The "Three Prongs" of Ineffectiveness
State Interference
Conflict of Interest
Inquiring about Conflict
Waiving Conflict
Adequacy of Representation - Strickland v. Washington
The Standard of Performance
Demonstrating Prejudice
Making Trial Counsel More Effective
Death and Inadequate Counsel
The Right to Effective Assistance - Expert Witnesses
Raising the Right to Effective Counsel
Frivolous Appeals
The Right to Self-Representation
Examples/Explanations
Sentencing
The Importance of Sentencing Law - An Introduction
Determinate Systems
Indeterminate Systems
Theories of Punishment and Sentencing
A Short History of Sentencing in the United States
Procedures at Sentencing
A Revolution in Sentencing - Structured Sentencing
Mandatory Minimum Sentences
The Disappearance of Parole Release
Presumptive Sentences
Sentencing Commissions
State Guideline Systems
The "Commission"
"Presumptive" Sentencing
Offense-Based Sentencing: Criminal Record
Institutional Resources
Appellate Review
The Federal Guidelines
The Commission
The Basis of the Sudden
Real Offense Sentencing
Past Criminal Conduct
Departures
Structured Sentencing - An Assessment
Undoing the Revolution? Or Reframing It? Blakely, Booker and the Future of Sentencing in the United States
Use the guidelines as information and suggestive, rather than mandatory
"Decap" the guidelines
"Blakely-ize" the guidelines
Bifurcate the process
Adopt jury sentencing
Create a simple "charge offense" system
Repudiate the guidelines entirely and return to the totally discretionary sentencing system
Sentencing and Death
Examples/Explanations
Appeals and Collateral Attack
A General Overview per Author (Review)
Why Allow Review at All?
At What Time Should Review Be Allowed?
What Is the "Scope of Review"?
What Remedy? Retroactivity and Finality; Herein of Legal Realism and Other Relevant Irrelevancies
Appeals
Plain Error - The "Contemporaneous Objection" Rule
"Harmless" Error
Non-constitutional Mistakes
Constitutional Errors
Examples/Explanations
Collateral Attack
State Collateral Review
Federal Habeas Corpus
A (Very) Short History of the "Great Writ" of Habeas Corpus
Federal Habeas Corpus - More Procedural Barriers
Timeliness
Exhaustion of Remedies
Procedural Default
Procedural Default Under AEDPA
Cause
Prejudice
The Merits of the Claim
Issues of "Pure" Law
"Issues of Fact" or "Mixed Questions of Fact and Law"
Federal Habeas Corpus - Successive Petitions
Examples/Explanations
Table of Selected Cases
Index