NCJ Number
9436
Date Published
1972
Length
407 pages
Annotation
COMPREHENSIVE FRAMEWORK IN WHICH TO PLACE APPARENTLY CONFLICTING COURT DECISIONS IN CRIMINAL LAW AND PROCEDURE.
Abstract
COURT DECISIONS IN ONE YEAR SEEM TO LIMIT POLICE ACTIVITY AND THE NEXT YEAR THE BOUNDARIES CHANGE. PART ONE OF THIS BOOK PROVIDES AN OVERVIEW OF THE CRIMINAL PROCESS FROM BASIC DEFINITIONS THROUGH A CONCISE DISCUSSION OF THE ELEMENTS OF DUE PROCESS. OF PARTICULAR INTEREST TO POLICE, AND OTHERS SEARCHING FOR THE LAW WHICH GOVERNS A PARTICULAR FACT SITUATION, IS THE AUTHORS' DETAILED TREATMENT OF CONSTITUTIONAL GUIDELINES IN PART TWO. THEY FOCUS ON THE FOURTH, FIFTH AND SIXTH AMENDMENTS, IN TURN, AND TREAT THE MANY INDIVIDUAL ISSUES INVOLVED IN EACH. FOR EXAMPLE, THE CHAPTER ON THE FOURTH AMENDMENT RIGHT AGAINST UNREASONABLE SEARCHES AND SEIZURES EXAMINES THE CIRCUMSTANCES IN WHICH AREAS AND PERSONS CAN BE SEARCHED WITHOUT WARRANTS, THE REQUIREMENTS WHICH MUST BE MET BEFORE A WARRANT WILL BE ISSUED, AND THE EFFECTS OF THE EXCLUSIONARY RULE ON EVIDENCE SEIZED IN VIOLATION OF THE FOURTH AMENDMENT. THE FIFTH AMENDMENT RIGHT AGAINST SELFINCRIMINATION AND THE SIXTH AMENDMENT RIGHTS REGARDING TRIAL ARE ALSO TREATED IN DEPTH. THE FINAL PART TREATS POST-ARREST PROCEDURES FROM BAIL THROUGH ADJUDICATION. A GLOSSARY AND INDEX FURTHER COMPLEMENT THIS USEFUL WORK. (SNI ABSTRACT)