Author: Neil P. Cohen
Release Date: 2016-05-18
Genre: Criminal procedure
This book and its companion, Q&A: Criminal Procedure ¿ Police Investigation, will assist learning and exam preparation in criminal procedure courses and for the bar exam. This volume covers discretion to prosecute, bail, complaint, initial appearance, preliminary hearing, grand jury, plea bargaining, joinder and severance, motion practice, discovery, time limitations, jurisdiction and venue, trial, double jeopardy, and postconviction remedies.
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: James W. Osterburg
Release Date: 2013-04-29
This text presents the fundamentals of criminal investigation and provides a sound method for reconstructing a past event (i.e., a crime), based on three major sources of information — people, records, and physical evidence. Its tried-and-true system for conducting an investigation is updated with the latest techniques available, teaching the reader new ways of obtaining information from people, including mining the social media outlets now used by a broad spectrum of the public; how to navigate the labyrinth of records and files currently available online; and fresh ways of gathering, identifying, and analyzing physical evidence.
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 Fourth Edition of this clearly written Understanding treatise is new in many respects. Most significantly, it has been enlarged to two volumes. Volume One: Investigation is intended for use in criminal procedure courses focusing primarily or exclusively on the police investigatory process. Volume Two: Adjudication covers the criminal process after the police investigation ends and the adjudicative process commences. The text 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 objectively. The authors have also included citations to important scholarship, both classic and recent, into which readers may delve more deeply regarding specific topics.
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 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: DeVere D. Woods
Publisher: Charles C Thomas Publisher
Release Date: 2015-02-01
Genre: Political Science
This review guide is designed to help students learn the information presented in O’Hara’s Fundamentals of Criminal Investigation. Gregory O’Hara’s study guide has been revised and restructured to complement the eighth edition of the text. For each chapter you will find a list of key terms and multiple-choice questions. It is recommended that students first carefully read the chapter noting important points and information, then review the key terms and return to the text to clarify any unfamiliar topics. When confident of your understanding of the key terms, proceed to the questions. Most questions are restatements of information in the chapter. Some, however, may require students to apply the chapter information to derive the correct answer. Test your understanding of the material by trying to answer the questions. Correct answers can be found in the back of the study guide. For questions you answered incorrectly, return to the text and review the appropriate information. Through this process of review and self-testing, students can increase their understanding of complexities of the criminal investigation process. This guide is an excellent companion volume to the bestselling textbook and will be useful to students who are reviewing the important elements of this discipline in other criminal justice texts.
This groundbreaking book uses episodes of the popular television show Law & Order to illustrate various aspects of Investigative Criminal Procedure. The ebook includes access to twelve episodes of Law & Order covering the legal concepts and rules employed by law enforcement personnel when investigating crimes. Instructors will be able to request a complimentary copy of the book that will give access to the ebook and demonstrate how seamlessly the product incorporates scenes from the show to describe the basic legal elements of the procedures utilized by law enforcement in areas such as warrantless searches, interrogation policies, and identification. West Academic is proud to have worked with NBCUniversal to bring this one of a kind textbook to the market. For more information and additional teaching materials, visit the companion site.
Author: Erwin Chemerinsky
Publisher: Wolters Kluwer Law & Business
Release Date: 2018-02
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: Robert M. Bloom
Publisher: Aspen Publishers Online
Release Date: 2006
Updated to reflect important current events, Examples & Explanations: Criminal Procedure: the Constitution and the Police, Fifth Edition, retains its proven format of presenting criminal procedure as a sequence of procedures mirroring real-life events in law enforcement. Well-written and user friendly, this concise paperback is an asset to any criminal procedure course. Carefully crafted to aid students' understanding, this study aid gives students a sense of the theoretical flow and logic of law enforcement by following police procedural order graphically demonstrates legal standards and concepts through the use of Charts and illustrations. starts with easy, confidence-building examples and gradually moves on to more challenging examples that test students' knowledge and analytical skills utilizes the proven Examples and Explanations format to explain concepts and allow students to develop analytical and problem-solving skills Special features of the Fifth Edition include: terrorism in the United States and the Fourth Amendment ramifications Please visit the new companion website to learn more about this book. Website: http://www.aspenlawschool.com/bloombrodin5
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. The eBook versions of this title feature links to Lexis Advance for further legal research options.