Constitutional Law and Criminal Justice

Name: Constitutional Law and Criminal Justice
Price: 17.24 USD
Availability: InStock
ISBN: 9781420086102

ISBN-10: 1420086103

ISBN-13: 9781420086102

Edition: 2009

Authors: Cliff Roberson

List price: $121.95

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Description:

Not requiring a legal background, this straight forward text examines the U.S. Constitution and implications of its interpretation as applied to criminal justice systems and policies. Authored by a world-famous legal scholar, it brings clarity to the complicated development of constitutional law, covering such topics as search and seizure, arrest and civil rights, judiciary first amendment, and due process. Two appendices contain the Constitution and a glossary. In addition to meeting college course needs, this work provides a superior historical reference for those working with criminal justice issues. Qualifying instructors will have access to an instructors manual, test bank, and…

Book details

List price: $121.95
Copyright year: 2009
Publisher: CRC Press LLC
Publication date: 2/23/2009
Binding: Hardcover
Pages: 384
Size: 6.10" wide x 9.57" long x 0.91" tall
Weight: 1.452
Language: English

Michael Birzer is Associate Professor of Criminal Justice and Director of the School of Community Affairs at Wichita State University, Kansas. Cliff Roberson is Editor-in-Chief of the Professional Issues in Criminal Justice Journal , Academic Chair for the Master of Science in Criminal Justice Program at Kaplan University, and an Emeritus Professor of Criminal Justice at Washburn University, Topeka, Kansas.



List of Illustrations


Preface


The Author



Introduction to the U.S. Constitution


Introduction


Original Constitution


Bill of Rights


First Amendment


Second Amendment


District of Columbia v. Heller, 2008 U.S. LEXIS 5268 (2008)


Third Amendment


Fourth Amendment


Fifth Amendment


Sixth Amendment


Seventh Amendment


Eighth Amendment


Ninth Amendment


Tenth Amendment


Application of the Bill of Rights to State and Local Prosecutions


Supreme Law of the Land


Overview of the Judiciary


State or Federal Issue


Appellate Courts


New York State Court of Appeals


Necessity for Criminal Leave Application


Article III Federal Courts


Organization of Federal Courts


Article III, Section 1, U.S. Constitution


Article III, Section 2, U.S. Constitution


Supreme Court Procedures


Judicial Authority and Power


Supreme Court Justices (2008-2009 Term)


Chief Justice


Associate Justices


Capstone Case: United States v. Lopez, 514 U.S. 549 (1995)


Background


Facts of the Case


Majority Opinion


Concurring Opinions


Dissents


Subsequent Congressional Action


Questions in Review



The Concept of Due Process


Introduction


Defining Due Process


Early History of Due Process Clause


States and the Fourteenth Amendment


Application of the Bill of Rights to the States


Due Process beyond the Bill of Rights


Facts


Court's Opinion


Procedural Due Process


Substantive Due Process


Police Power


Vagueness


Equal Protection of the Law


Capstone Case: Medina v. California, 505 U.S. 437 (1992)


Questions in Review



Fourth Amendment


History


Overview of the Amendment


What Constitutes a Search?


Reasonable Expectation of Privacy


Plain View


Government Intrusion


Protected Areas


Probable Cause


Warrants


Sufficiency of the Affidavit


Mistakes in the Place to Be Searched


Using Informants to Establish Probable Cause


Arrests


Capstone Case: Atwater v. City of Lago Vista, 149 L. Ed. 2d 549 (2001)


Questions in Review



Fourth Amendment Issues


Introduction


Searches without Warrants


With Probable Cause


Probable Cause Not Needed


Searches Incident to Arrest


Searches of Probationers and Parolees


No Reasonable Expection of Privacy Situations


Consent Searches


Open Fields


Plain View


Abandoned of Property


Aerial Observations


Student Searches


Arrests without Warrants


Selected Court Cases on Arrests


Terry Stops


Selected Court Cases on Terry Stops


Traffic Stops


Scope of the Search


Search of a Residence


Search of Students


Vehicle Searches


Wiretaps


Cellular Telephones


Capstone Case: Virginia v. Moore, 128 S. Ct. 1598 (2008)


Questions in Review



Exclusionary Rule


Introduction


Mapp v. Ohio


Brief History of the Rule


Standing to Object


Fruit of the Poisonous Tree


Exceptions to the Rule


Good Faith Exception


Purged Taint


Independent Source


Inevitable Discovery


Impeachment of Defendant


Noncriminal Trial Proceedings


Civil Tax Proceedings


Quasi-Criminal Proceedings


Deportation Hearings


Probation Revocation Hearings


Situations Where the Rule Has Not Been Applied


Violation of the Knock-and-Announce Requirement


Searches Based on Erroneous Information


Exclusionary Rule and the Fifth Amendment


Exclusionary Rule and the Sixth Amendment


Capstone Case: Groh v. Ramirez, 540 U.S. 551 (2004)


Questions in Review



Fifth Amendment Issues


Introduction


Grand Jury


Infamous Crime


Discrimination in Selection of Grand Jury Members


Evidence


Sufficiency of an Indictment


Double Jeopardy


Application of Prohibition


Collateral Estoppel


Self-Incrimination


Coverage of the Privilege


Establishing Voluntariness of Statement


Miranda Warning


The Warning


In-Custody Requirement


What Constitutes Interrogation?


When Interrogation Must Stop


Exceptions to the Rule


Public Safety Exception


Where Vienna Convention Was Violated


Statements Made during Medical Treatment


Undercover Agents


Deportation Proceedings


Initial Inquiry and Booking


Failure to Advise Defendant of Other Suspected Crimes


Fruit of the Poisonous Tree


Involuntary Confessions


Commenting on Defendant's Silence


Capstone Case: Missouri v. Seibert, 542 U.S. 600 (2004)


Questions in Review



Sixth Amendment Issues


Introduction


Speedy Trial


Constitutional Right to a Speedy Trial


Statutory Right to a Speedy Trial


Public Trial


Impartial Jury


Right to Jury Trial


Impartial Jury


Pretrial Publicity


Voir Dire of Jury


Selection of Jurors


Attitude toward Death Penalty


Number of Jurors


Nonunanimous Verdicts in State Courts


Judge Commenting on Evidence


Judicial Instructions


Questioning


Urging Jury to Reach Verdict


Penalty for Exercising Right to Jury Trial


Trial in the Judicial District in Which the Crime Was Committed


To Be Informed of the Nature and Cause of the Accusation


Right to Confront the Witnesses


To Have a Compulsory Process for Obtaining Witnesses in His Favor


To Have Assistance of Counsel for His Defense


Right to Appointed Counsel


Effective Assistance of Counsel


Right to Represent Self


Standard of Competence Required for Self-Representation


When the Right to Appointed Counsel Attaches


Right to Counsel on Appeal for Indigent Defendants


Guilty Pleas


Capstone Case: United States v. Gonzalez-Lopez, 548 U.S. 140 (2006)


Questions in Review



The Eighth Amendment


Introduction


Death Penalty as Cruel and Unusual


Is the Death Penalty Cruel and Unusual?


Executing the Mentally Retarded


History of Death Penalty's Methods of Execution


Death Penalty for Crimes Other than Murder


Noncapital Punishments


Robinson v. California


Other Cruel and Unusual Punishments


Jail and Prison Conditions as Cruel and Unusual


Prison Conditions and Treatment


Jails


Court Sentences as Cruel and Unusual


Bail


Excessive Bail


Protective Custody Awaiting Trial


Capstone Case: Overton v. Bazzetta, 539 U.S. 126 (2003)


Questions in Review


Endnote



The First Amendment


Introduction


Religious Issues


Freedom of the Press


Prior Restraints on Publications


Distribution of Publications


Right to Assemble and Free Speech


Petitions to the Government


Right of Privacy


Obscenity


Students and the First Amendment


Freedom of Expression in Schools


School Assignments


Public Funding of Education


Use of School Property


School Prayers


Prisoners and the First Amendment


Regulation of Incoming Publications


Prisoner's Mail


Right of Association


Capstone Case: Morse v. Frederick, 127 S. Ct. 2618 (2007)


Questions in Review



Civil Liability and the Criminal Justice Professional


Introduction


Federal Civil Rights


Under Color of Law


Excessive Force Used in an Arrest


Use of Deadly Force


Private Correctional Officers


False Arrest Statute of Limitations


Abusive Interrogations


Violations of Constitutional Rights in a Foreign Country


General Rules of Liability


Liability of Federal Agents under 42 USCS ï¿½ 1983


Officer's Duty to Arrest


Liability of a Public Agency for Failure to Train Its Police Officers


Immunity from Liability


Prosecutors


Capstone Case: Wilson v. Layne, 526 U.S. 603, 628 (1999)


Questions in Review



Terrorism and the Writ of Habeas Corpus


Introduction


Boumediene v. Bush Case


Subsequent Proceedings


Questions in Review


Glossary


References



U.S. Constitution



Search Warrants



Grand Jury Indictment, August 2005-at Alexandria, Virginia


Index