Author: Neil p Cohen
Release Date: 2016-05-02
Genre: Criminal procedure
This book and its companion, Q&A: Criminal Procedure ¿ Prosecution and Adjudication, will assist readers' learning and exam preparation in criminal procedure courses and for the bar exam. This volume covers arrest, search and seizure, interrogation, identification, suppression issues, and entrapment.
Author: Neil P. Cohen
Release Date: 2016
Genre: Criminal procedure
This book and its companion, Q&A: Criminal Procedure--Prosecution and Adjudication, will assist readers' learning and exam preparation in criminal procedure courses and for the bar exam. This volume covers arrest, search and seizure, interrogation, identification, suppression issues, and entrapment.
Author: Erwin Chemerinsky
Publisher: Wolters Kluwer Law & Business
Release Date: 2013-08-15
Written in the student-friendly style that characterizes Chemerinsky's Constitutional Law casebook, Criminal Procedure: Investigation features cases, minor cases, and author-written essays while omitting both notes in the form of rhetorical questions and excerpts from law review articles. The chronological organization moves through the investigation process. Dynamic text guides students through understanding the law with tightly edited cases, samples of legal pleadings arguing the issues, and perspectives from prosecutors, defense, counsel, judges, police, and victims alike. Each chapter has a consistent, systematic approach, beginning with an introduction laying out the nature of the issue, followed by a discussion on the history and development of the law. Then, examples of recent and seminal cases reveal how key criminal procedure issues have been raised, and an analytic approach toward resolving each issue shows what worked and why. The Second Edition has been thoroughly updated and provides analysis of the impact of important recent decisions, such as Arizona v. Gant, Herring v. U.S., Berghuis v. Thompkins, Maryland v. Shatzer, Montejo v. Louisiana, and Perry v. New Hampshire. In addition, the Second Edition examines new decisions affecting right to counsel. New supplemental handouts and practice materials are available on the companion website. Features: Written in the approachable style of Chemerinsky's Constitutional Law casebook features cases and minor cases offers author-written essays omits both notes in the form of rhetorical questions and excerpts from law review articles Organized chronologically through the investigation process Dynamic text guides students through understanding the law tightly edited cases perspectives from prosecutors, defense, counsel, judges, police, and victims Consistent systematic approach to topics in each chapter an introduction laying out the nature of the issue discussion of the history and development of the law examples of recent and seminal cases that raise key criminal procedure issues analytic approach toward resolving a specific legal issue--what worked and why questions--and answers-to provoke class discussion Thoroughly updated, the revised Second Edition presents: Analysis of the impact of recent decisions Arizona v. Gant Herring v. United States Berghuis v. Thompkins Maryland v. Shatzer Montejo v. Louisiana Perry v. New Hampshire Examination of new decisions' effects right to counsel
The divergence of the law and the practice has never been as visible in other areas of law as it is in the area of Criminal Procedure. Hence, the title Criminal Procedure: Principles, Rules and Practices. In the first part, the book gives a succinct summary of the ideal procedure should the law be strictly complied with and the (political and economic) challenges in the administration of the criminal justice. For the main part, reproducing the relevant provisions of the law the book discuses the principles and the law on Criminal Procedure comprehensively. Court decisions are reproduced and discussed in order to show the practice and trends in the interpretation and application of the law. The only binding decisions in our legal system are decisions of the House of Federation on matters of constitutional interpretation and the Federal Supreme Court Cassation Division decisions by at least five judges, of which there are very few to refer to. The book approaches Criminal Procedure as a process; thus, it chronologically discusses the steps from crime reporting to the police to prosecution, trial and post judgment remedies. The comments on the law are intertwined with the discussion on the application of the law by the police, the prosecution office and the courts.
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.
Understanding Criminal Procedure is primarily designed for law students and is organized and written so that both students and professors can use it with confidence to better prepare for courses and improve classroom dialogue. Already cited extensively in scholarly literature and judicial opinions, scholars, practicing lawyers and courts will also find the expanded content of this newest edition indispensable. Inside you'll find extensive coverage of the most important United States Supreme Court cases and discussion of the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases. Overarching policy issues are considered extensively, and some of the hottest debates in the field are considered with high-quality and objective analysis. The user-friendly organization of the text helps you develop a comprehensive understanding of broad topics, or refine your focus with intuitive subsections that help you find answers to pressing questions more efficiently. Citations to important scholarship, both classic and recent, help you to expand and refine your research on specific topics with ease, and footnotes include cross-references within the text to help you easily move to different chapters and subsections to understand how topics are inter-related. This first volume, Investigation, is intended for use in introductory criminal procedure courses focusing primarily or exclusively on police investigative process and constitutional concerns. A chapter on the defendant's right to counsel at trial and appeal and other non-police-practice issues is included in both volumes to allow greater flexibility based on the design of particular courses. The second volume, Adjudication covers the criminal process after the police investigation ends and the adjudicative process commences. It is most useful in more advanced criminal procedure courses that follow the criminal process through the various stages of adjudication, commencing with pretrial issues and explaining the process through charging, pretrial release and discovery, the trial, and post-conviction proceedings including sentencing and appeals.
Author: Rolando V. del Carmen
Publisher: Rowman & Littlefield Publishers
Release Date: 2010-09-15
Genre: Social Science
In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and significant issue in the criminal justice system today. The subject of many Supreme Court decisions, they seriously impact the way police pursue their investigations, the way prosecutors proceed with their cases, and the way defense attorneys defend their clients. This book answers these questions and explains these decisions in accessible and easy to follow language. Each chapter explores a separate case or series of cases involving the application of the Fourth Amendment to current police investigatory practices or prosecutorial conduct of the criminal trial. The police-related cases involve topics such as searches of suspects (both prior and incident to arrest), pretext stops, the knock-and-announce rule, interrogation procedures, and the parameters of an individual's reasonable expectation of privacy. The prosecutor-related cases involve topics such as jury selection, the right to counsel, and sentencing. This important overview serves as an introduction to the realities and practicalities of police investigation and the functioning of the criminal justice system when search and seizure becomes an issue.
Author: Thomas P. Mauriello
Release Date: 2017-09-08
Criminal Investigation Handbook now contains critical information you need to know about use of the internet in perpetrating a computer crime -- especially cybercrime - and websites, e-mail addresses, and databases you can use in your investigation! It provides you with current information in a format that is easy to understand and apply to your investigation. Whether you are a law enforcement officer, prosecutor, or criminal defense lawyer, you will find the information in this book useful to your case. Covering the practical aspects of an investigation as well as pertinent legal analysis - and including a wealth of illustrations, checklists, and forms - this title will prove itself invaluable to your case.
Author: Arnold H. Loewy
Release Date: 2010-04-06
This book is designed for a complete Criminal Procedure course. This book is not designed exclusively for future criminal law practitioners. Rather, it is designed as a roadmap for those who wish to learn about governmental limitations on police and / or trial procedures in the criminal context. The presentation of the materials is focused, rather than scattergun. Each case is presented, lightly edited, with a series of focused questions and notes following it. The importance of the questions cannot be overemphasized. Each student coming into class will (or should) have thought about the questions while reading the case. This should immensely improve the quality of class discussion. At the same time, the fact that the students have the questions in advance has a wonderful palliative effect on students, putting them at ease because they know the questions in advance. Additionally, the book is carefully edited with an eye towards the number of hours typically available for a class. The police practices material is designed to be taught in a three-hour class. The entire book is designed for a four-hour class. This eBook features links to Lexis Advance for further legal research options.
This unique coursebook attempts to recreate for law students the experience that lawyers have when analyzing the procedural issues involved in the investigatory phase of a criminal case. This approach not only enhances learning but also makes learning enjoyable since students get to play lawyer. At the outset of each chapter, a complex problem is presented in the form of a memo to a law clerk working in a variety of settings (reporting to a public defender, prosecutor, judge or private criminal defense attorney). The problem is followed by the research tools--relevant cases and statutes--necessary to solve the problem. Notes follow many cases, suggesting to students how the cases might be used to analyze the problem. They also contain summaries of recent cases which may give students a broader perspective on how courts are handling the issues raised by the main cases. This book focuses on criminal procedure under the United States Constitution. Cases are edited sparingly, and many dissents and concurring opinions are included. The cases are presented in chronological order within a topic so that students can see how doctrines or laws developed historically. This eBook features links to Lexis Advance for further legal research options.
Author: Jon Shane
Publisher: Springer Science & Business Media
Release Date: 2013-04-16
Genre: Social Science
While the proximate cause of any accident is usually someone’s immediate action— or omission (failure to act)—there is often a trail of underlying latent conditions that facilitated their error: the person has, in effect, been unwittingly “set up” for failure by the organization. This Brief explores an accident in policing, as a framework for examining existing police practices. Learning from Error in Policing describes a case of wrongful arrest from the perspective of organizational accident theory, which suggests a single unsafe act—in this case a wrongful arrest—is facilitated by several underlying latent conditions that triggered the event and failed to stop the harm once in motion. The analysis demonstrates that the risk of errors committed by omission (failing to act) were significantly more likely to occur than errors committed by acts of commission. By examining this case, policy implications and directions for future research are discussed. The analysis of this case, and the underlying lessons learned from it will have important implications for researchers and practitioners in the policing field.
Author: Brian N. Siegel
Publisher: Wolters Kluwer Law & Business
Release Date: 2012-09-19
A proven resource for high performance, the Siegel’s series keeps you focused on the only thing that matters – the exam. The Siegel’s series relies on a powerful Q&A format, featuring multiple-choice questions at varying levels of difficulty, as well as essay questions to give you practice issue-spotting and analyzing the law. Answers to multiple-choice questions explain why one choice is correct as well as why the other choices are wrong, to ensure complete understanding. An entire chapter is devoted to teaching you how to prepare effectively for essay exams. The chapter provides instruction, advice, and exam-taking tips that help you make the most of your study time. A wonderful resource for practice in answering the types of questions your professor will ask on your exam, the Siegel’s Series will prove valuable in the days or weeks leading up to your final. Features: Exposing you to the types of questions your professor will ask on the exam, Siegel’s will prove valuable in the days or weeks leading up to your final. A great number of questions at the appropriate level of difficulty—20 to 30 essay Q&As and 90 to 100 multiple-choice Q&As—provide opportunity for you to practice spotting issues as you apply your knowledge of the law. Essay questions give you solid practice writing concise essay answers, and the model answers allow you to check your work. An entire chapter is devoted to preparing for essay exams. In checking your answers to multiple-choice questions, you can figure out where you may have erred: Answers explain why one choice is correct and the other choices are wrong. To help you learn to make the most of your study time, the introductory chapter gives instruction, advice, and tips for preparing for and taking essay exams . The table of contents helps you prepare for exams by clearly outlining the topics tested in each Essay question. In addition, you can locate questions covering topics you’re having difficulty with by checking the index. Revised by law school professors, the Siegel’s Series is updated on a regular basis.
Author: Katalin Ligeti
Publisher: Bloomsbury Publishing
Release Date: 2012-12-17
In an era in which the EU's influence in criminal law matters has expanded rapidly, attention has recently turned to the possible creation of a European Public Prosecutor's Office. This two volume work presents the results of a study carried out by a group of European criminal law experts in 2010-2012, with the financial support of the EU Commission, whose aims were to examine in detail current public prosecution systems in the Member States and to scrutinise proposals for a new European office. Volume 1 begins with thorough descriptions of 20 different national legal systems of investigation and prosecution, addressing a range of evidential and procedural safeguards. These will serve as a point of reference for all future research on public prosecutors. Volume 1 also contains a series of cross-cutting studies of the key issues that will inform debates about the creation of a European Public Prosecutor's Office, including studies of vertical cooperation in administrative investigations in subsidy and competition cases, the accession of the EU to the ECHR, judicial control in cooperation in criminal matters, mutual recognition and decentralised enforcement of European competition law. Volume 2 (which will be published in 2013) presents a draft set of model rules for the procedure of the European Public Prosecutor's Office and continues with a set of comparative studies of the national legal systems that cover the gathering of evidence, seizure of assets, arrests, tracking and tracing, prosecution measures, procedural safeguards, the presumption of innocence and the right to silence, access to the file and victim reconciliation. Volume 2 concludes with the final report, written by Professor Ligeti, summarising the findings of the group and reporting on the prospects for the proposed reform.