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Criminal Procedure: An Analysis of Cases and Concepts, Fourth Edition

NCJ Number
188206
Author(s)
Charles H. Whitebread; Christopher Slobogin
Date Published
2000
Length
1133 pages
Annotation
This volume presents and discusses approximately 1,600 State and Federal criminal cases to aid understanding of the legal doctrines that govern criminal procedures from the investigative phase through postconviction remedies.
Abstract
The first chapter traces the last several decades of litigation and United States Supreme Court decisions concerning the procedural rights of the criminally accused, starting with the Warren Court. It also explains the stages of the criminal process, from the time a citizen reports or police observe a suspected crime through the postconviction phase. The next 13 chapters examine search and seizure law and cover the exclusionary rule, the law of arrest, general issues related to searches, the search warrant, search incident to a lawful arrest, and the automobile exception to the warrant requirement. They also examine hot pursuit, evanescent evidence and endangered persons, the plain view exception to the warrant requirement, stop and frisk, consent searches, regulatory inspections and searches, and technological surveillance. The next five chapters focus on the Fifth Amendment’s privilege against self-incrimination, confessions, general restrictions on identification procedures, eyewitness identification techniques, and the entrapment defense. The six chapters on pretrial procedures consider pretrial detention and release, constraints on prosecutorial discretion, the preliminary hearing, the grand jury, discovery, and the right to speedy trial. Five chapters on the adjudication of guilt focus on guilty pleas, plea negotiations, the right to an impartial jury and judge, adversarial rights related to confrontation and other issues, appeals, and double chapter. Additional chapters examine the role of the defense attorney in terms of the right to counsel and effective assistance of counsel. The final two chapters examine the relationship between the Federal and State courts in terms of Federal habeas corpus and State constitutions as an independent source of rights. Footnotes, index, table of cases, and chapter reference lists