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.
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.
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: 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
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.
The book is an overview of the various strategies adopted to fight corruption. It briefly discusses the content of international legal instruments on corruption. It explains the concept, types, causes and effects of corruption. The book discusses the vari
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.
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: Peter Johan Paul Tak
Publisher: Martinus Nijhoff Publishers
Release Date: 1993-03-08
The Dutch criminal justice system has, for some time, been famous for its mildness. This mildness, which has been reflected for example in a strikingly low prison rate has both impressed and shocked foreign criminal law scholars and criminal justice officials. This traditional mildness is now at stake. Crime has increased considerably and so has the prison rate. Major changes have taken place in Dutch society, and these require a new criminal justice policy. In 1985 the Minister of Justice submitted to the Parliament a new policy plan called Society and Crime, and a policy plan called Law in Motion was published in 1990. These new criminal policy plans propose a step-by-step approach in order to raise the level of criminal law enforcement and to intensify crime prevention. The statutory powers of the police to investigate organized crime will be expanded, the efficiency of the prosecution service will be improved, the capacity of prisons will be increased, and crime prevention programmes will be intensified. Whether the relative mildness of the Dutch criminal justice system will be maintained in the future or not, is a difficult question to answer. However, since the mildness is built into the system itself (as is demonstrated in this criminal justice profile) it is most probable that this mildness will be at least partly preserved in the future as well.
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: Victor V. Ramraj
Publisher: Cambridge University Press
Release Date: 2005-11-10
All indications are that the prevention of terrorism will be one of the major tasks of governments and regional and international organisations for some time to come. In response to the globalised nature of terrorism, anti-terrorism law and policy have become matters of global concern. Anti-terrorism law crosses boundaries between states and between domestic, regional and international law. They also cross traditional disciplinary boundaries between administrative, constitutional, criminal, immigration and military law, and the law of war. This collection is designed to contribute to the growing field of comparative and international studies of anti-terrorism law and policy. A particular feature of this collection is the combination of chapters that focus on a particular country or region in the Americas, Europe, Africa, and Asia, and overarching thematic chapters that take a comparative approach to particular aspects of anti-terrorism law and policy, including international, constitutional, immigration, privacy, maritime, aviation and financial law.