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Author: Sam Kamin
Publisher:
ISBN: 9781642424935
Category : Criminal investigation
Languages : en
Pages : 1111
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Book Description
Kamin and Bascuas' Investigative Criminal Procedure, 3d provides an up-to-date, historically grounded understanding of the pre-trial rights guaranteed by the Fourth, Fifth, and Sixth Amendments. Rather than focusing on the holdings of individual cases, it focuses on broader concepts and themes. Carefully edited majority, concurring, and dissenting opinions convey the development of constitutional criminal procedure law, exposing the way arguments ebb and flow over time and across various doctrines. The Supreme Court's classic and recent cases are reproduced and organized around a politically agnostic conceptual approach, allowing students to grasp the competing theories and concepts underlying searches and seizures, interrogations, and the exclusionary rules. "Points for Discussion" following each case focus students on the areas of disagreement among the justices, facilitating class preparation. Our goal is to get the students to think critically about why the law is the way it is, what alternatives are possible, and what theories and values underlie the Court's doctrine. Unlike textbooks that proceed from a particular ideological viewpoint, this book proceeds by defining, through the study of cases, the key constitutional terms pertaining to criminal procedure -- for example, "search," "seizure," "probable cause," "custody," "interrogation," and "prosecution" -- and then examining how the Supreme Court's understanding of those concepts has changed over time. The book endeavors to give equal attention to all the justices' competing jurisprudential views and invites students to draw their own conclusions as to which more faithfully accords with the nation's founding principles. The overriding objective is to encourage critical thought by requiring students to read the cases closely, to distinguish between adjudication and exercises of raw power, and ultimately to assess the validity of legal doctrines in light of history, logic, and precedent.
Author: Erwin Chemerinsky
Publisher: Aspen Publishing
ISBN: 1454897678
Category : Law
Languages : en
Pages : 1755
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Book Description
Focusing on the investigation phase of criminal procedure, Criminal Procedure: Investigation combines Laurie L. Levenson’s first-hand experience in the criminal justice system with Erwin Chemerinsky’s student-friendly writing style. The Third Edition examines the impact of a host of recent developments in the courts and legislature on the process investigating crime. It eschews reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and trendsetting policy issues. The book utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to matters related to habeas corpus relief. In addition to presenting the perspectives from various stakeholders, the authors take care to provide students with useful, practice-oriented materials. Criminal Procedure: Investigation not only employs a systemic approach that takes students through issues from policy to application of legal doctrine but also introduces issues at the forefront of modern criminal procedure debates. Key Features: Straightforward writing style and clear, dynamic text that is uncluttered with law review excerpts and features thoughtfully edited principal and minor cases. Intuitive chronological presentation of topics. Systematic and cohesive exploration of policy on every issue, before moving on to the specifics of doctrine. Practice-oriented features and discussion of important, modern criminal procedure issues. Approachable organization based on common progression through criminal justice system. Straight writing style that relies on cases and author essays rather than law review excerpts and strict Socratic rhetoric questions. Practice-oriented features, discussion of modern policy issues, useful example documents for practitioners. Useful examples for future and current criminal law practitioners.
Author: Sam Kamin
Publisher:
ISBN: 9781642424935
Category : Criminal investigation
Languages : en
Pages : 1111
Get Book Here
Book Description
Kamin and Bascuas' Investigative Criminal Procedure, 3d provides an up-to-date, historically grounded understanding of the pre-trial rights guaranteed by the Fourth, Fifth, and Sixth Amendments. Rather than focusing on the holdings of individual cases, it focuses on broader concepts and themes. Carefully edited majority, concurring, and dissenting opinions convey the development of constitutional criminal procedure law, exposing the way arguments ebb and flow over time and across various doctrines. The Supreme Court's classic and recent cases are reproduced and organized around a politically agnostic conceptual approach, allowing students to grasp the competing theories and concepts underlying searches and seizures, interrogations, and the exclusionary rules. "Points for Discussion" following each case focus students on the areas of disagreement among the justices, facilitating class preparation. Our goal is to get the students to think critically about why the law is the way it is, what alternatives are possible, and what theories and values underlie the Court's doctrine. Unlike textbooks that proceed from a particular ideological viewpoint, this book proceeds by defining, through the study of cases, the key constitutional terms pertaining to criminal procedure -- for example, "search," "seizure," "probable cause," "custody," "interrogation," and "prosecution" -- and then examining how the Supreme Court's understanding of those concepts has changed over time. The book endeavors to give equal attention to all the justices' competing jurisprudential views and invites students to draw their own conclusions as to which more faithfully accords with the nation's founding principles. The overriding objective is to encourage critical thought by requiring students to read the cases closely, to distinguish between adjudication and exercises of raw power, and ultimately to assess the validity of legal doctrines in light of history, logic, and precedent.
Author: Neil P. Cohen
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 872
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Book Description
Author: Jens David Ohlin
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 816
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Book Description
Investigative Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Focus on Torres v. Madrid (2021) and its animating and central question for criminal procedure: Does a shooting by a police officer that fails to incapacitate a suspect, who temporarily eludes capture, constitute a seizure? Simplified but enhanced materials regarding automobile searches. Simplified materials regarding protective sweeps. Enhanced materials on Terry stops, exploring both doctrinal developments and policy implications. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy. controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles). Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).
Author: LESLIE W. ABRAMSON
Publisher: West Academic Publishing
ISBN: 9781636592497
Category :
Languages : en
Pages : 468
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Book Description
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Author: Joshua Dressler
Publisher:
ISBN: 9781422426784
Category : Criminal procedure
Languages : en
Pages : 0
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Book Description
The fifth edition of Understanding Criminal Procedure is new in many respects. Most significantly, it has been enlarged to two volumes. The first volume is intended for use in criminal procedure courses focusing primarily or exclusively on police investigatory process. Such courses are variously titled: Criminal Procedure I; Criminal Procedure: Investigation; Criminal Procedure: Police Practices; Constitutional Criminal Procedure; etc. Because some such courses also cover the defendant's right to counsel at trial and appeal, the first volume includes a chapter on this non-police-practice issue. (The latter chapter is also included in Volume Two.) The second volume of Understanding Criminal Procedure covers the criminal process after the police investigation ends, and the adjudicative process commences. This book is useful in criminal procedure courses (variously entitled Criminal Procedure II; Criminal Procedure: Adjudication; etc.) that follow the criminal process through the various stages of adjudication, commencing with pretrial issues — such as charging, pretrial release and discovery — and continuing with the trial itself and then post-conviction proceedings: sentencing and appeals. Understanding Criminal Procedure is primarily designed for law students. The authors have written the Text so that students can use it with confidence that it will assist them in course preparation, and professors can recommend or assign the volumes to students with confidence that they will improve classroom dialogue. Based on comments that the authors received in the past from students and professors alike, they predict that this new, expanded edition of Understanding Criminal Procedure will serve the needs of students and professors even better. Also, based on the experience of prior editions, including citations to this Text in scholarly literature and judicial opinions, we are confident that the two volumes will prove useful to scholars, practicing lawyers, and courts. Understanding Criminal Procedure covers the most important United States Supreme Court cases in the field. Where pertinent, the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases are considered. The broad overarching policy issues of criminal procedure are laid out; and some of the hottest debates in the field are considered in depth and, we think, objectively. Readers should find the Text user-friendly. Students who want a thorough grasp of a topic can and should read the relevant chapter in its entirety. However, each chapter is divided into subsections, so that readers with more refined research needs can find answers to their questions efficiently. The authors also include citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics. And, because so many of the topics interrelate, cross-referencing footnotes are included, so that readers can easily move from one part of the Text to another, if necessary.
Author: Todd A. Berger
Publisher:
ISBN: 9781543848977
Category : Criminal investigation
Languages : en
Pages : 0
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Book Description
"Casebook for courses in Investigative Criminal Procedure"--
Author: Stephen A. Saltzburg
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 340
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Book Description
Author: James C. Rehnquist
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 1056
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Book Description
Investigative Criminal Procedure and Racial Injustice brings a sustained emphasis on race to the traditional content of criminal procedure. Rather than a wholesale revision of the standard criminal procedure fare, it amply covers all the familiar subject matter areas while integrating into those topics the roles that racial prejudice and racial disparities have played and continue to play in the criminal justice system. The Investigative volume, from Chapters I-VII of Rehnquist/Maclin’s Criminal Procedure and Racial Injustice, looks deeply into the role that race—mostly implicitly—played not only in the Court’s written decision of Terry v. Ohio but also in the trial and appellate advocacy that produced that decision, including the direct and cross-examinations in the suppression hearing. A secondary focus of the book is lawyering—the decisions and tactics of the prosecutors and defense lawyers that undergird the cases in the book. To that end, the plentiful Notes and Questions following the cases provoke thought and discussion not only on the relevant legal doctrine and the racial implications of the doctrine, but also on the choices made by the prosecutors and defense counsel. Benefits for instructors and students: Flexible organization Interesting, timely cases Sophisticated, robust notes and questions following each case Investigative chapters: Police Interrogation and the Fifth Amendment—the scope of the Fifth Amendment privilege; the backdrop for and decision in Miranda v. Arizona; the implementation of Miranda’s custody; interrogation and waiver/assertion components; and the durability of Miranda The Fourth Amendment—the definitions of search and seizure; the “warrant requirement” and its exceptions; and the landmark case of Terry v. Ohio and its legacies for racial profiling, traffic stops, etc. The Exclusionary Rule—the origins of the rule and its exceptions (good faith, attenuation, standing, etc.) and including a section on suppression hearings The Grand Jury—its purported independence, informality, and secrecy; its virtually unlimited power to subpoena witnesses and documents; and grand jury abuse Addressing Police Misconduct—an unconventional chapter exploring the Supreme Court’s resurrection of 42 U.S.C. § 1983 as a private remedy for civil rights violations, the victims of which are disproportionately members of minority groups; the Court’s subsequent weakening of that remedy through doctrines such as qualified immunity; and the Department of Justice’s administrative remedy to address a “pattern and practice” of police misconduct under 42 U.S.C. § 14141. This subject has become increasingly important in the Criminal Procedure realm as recent Supreme Court decisions rejecting application of the exclusionary rule have sometimes cited § 1983 as an adequate alternative remedy.
Author: Jens David Ohlin
Publisher: Aspen Publishing
ISBN:
Category : Criminal investigation
Languages : en
Pages : 816
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Book Description
"Law school casebook for Criminal Procedure"--
