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.
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.
Author: Jens David Ohlin
Publisher: Aspen Publishers
Release Date: 2019-02-01
Investigative Criminal Procedure: Doctrine, Application, and Practice by Jens David Ohlin is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches by today’s leading criminal procedure professors. Professors and students will benefit from: A mixture of classic and new Supreme Court cases on criminal procedure Call-out boxes that outline statutory requirements Call-out boxes that focus on more demanding state law rules Problem cases that require students to apply the law to new facts A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them Notes and questions, inviting closer examination of doctrine and generate class discussion Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles) Logical organization and manageable length Open, two-color design with appealing visual elements (including carefully-selected photographs)
Author: Edward C. Carter
Publisher: Wolters Kluwer Law & Business
Release Date: 2019-09-13
Using actual examples from practice, Criminal Law and Procedure for the Paralegal, Third Edition, teaches students about the real-world experience of the paralegal, with coverage of local, state, and federal criminal cases. Working with the various types of cases presented in this book familiarizes students with the role of the paralegal in the process of investigation, prosecution, and defense, in criminal cases. Edward Carter’s successful building-block approach explains the basic elements of all criminal offenses and how those elements are used to define crimes. New to the Third Edition: Updated throughout, with deeper examination of certain subjects and new material reflecting the evolution of certain areas of the law in response to technology. New case cites throughout, with discussion of Carpenter v. United States, Madison v. Alabama, and Timbs v. Indiana decisions. Expanded discussion of universal jurisdiction in Chapter 6. New section on searches of electronically stored information In Chapter 16. Examines the two different views courts have developed about how the rules relating to overbreadth and particularity should be applied to searches of electronically stored information, discusses the Stored Communications Act of 1986 and the 2018 amendment to the Act relating to search warrants for stored communications of “U.S. persons,” and contains a discussion of the application of the plain view rule to searches of electronically stored information. Expanded discussion of the cruel and unusual punishment clause of the Eighth Amendment in Chapter 21 now covers when that clause prohibits the execution of a person who becomes incompetent after being sentenced to death, along with consideration of the application of the excessive fines clause to civil forfeitures. Professors and students will benefit from: A sensible, four-part organization: Introduction to the criminal justice system Distinction between criminal law and criminal procedure Criminal law Criminal procedure Clear explanations of the basic elements of all criminal offenses, including an accessible, systematic approach to analyzing the legal nature of any criminal offense. Edited cases that illustrate key concepts. Eye on Ethics and Historical Perspective sidebars. Helpful pedagogy, including chapter objectives, definitions in the margins, and review questions. An integrated treatment of white-collar crime. Broad coverage of a wide range of criminal investigations, from police investigations to administrative and grand jury investigations.
Author: Edward C. Carter III
Publisher: Wolters Kluwer Law & Business
Release Date: 2016-12-20
Criminal Law and Procedure for the Paralegal, Second Edition, offers assignments that mirror the work of the paralegal and cover local, state, and federal criminal cases. Students can gain practice and confidence doing the kind of work that a defense attorney, prosecutor, or law enforcement agency expects from a paralegal. Working with the various types of cases presented in this book familiarizes students with the role of the paralegal in the process of investigation, prosecution, and defense in criminal cases. The second edition has been updated to include more than three dozen new legal decisions, new coverage of legislative jurisdiction and Fifth Amendment due process clause, and the addition of six new cases including United States v. Vilar and Hurst v. Florida. Key Features: Updates include more than three dozen new legal decisions. Updated and expanded Chapters 6 and 7 with new coverage of legislative jurisdiction and Fifth Amendment due process clause. Six new cases including United States v. Vilar and Hurst v. Florida ¦ A sensible, four-part organization: Introduction to the criminal justice system The distinction between criminal law and criminal procedure Criminal law Criminal procedure ¦ Realistic assignments, in which students draft indictments, memos, grand jury subpoenas, and jury instructions using hypothetical memos, investigative reports, and interviews as source material ¦ Clear explanations of the basic elements of all criminal offenses ¦ An accessible system of analyzing the legal nature of any criminal offense ¦ An integrated treatment of white-collar crime ¦ Broad coverage of a wide range of criminal investigations, from police investigations to administrative and grand jury investigation
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: Jim Fraser
Publisher: Oxford University Press
Release Date: 2010-02-25
Forensic science is a subject of wide fascination. What happens at a crime scene? How does DNA profiling work? How can it help solve crimes that happened 20 years ago? In forensic science, a criminal case can often hinge on a piece of evidence such as a hair, a blood trace, half a footprint, or a tyre mark. High profile cases such as the Stephen Lawrence enquiry and the Madeleine McCann case have attracted enormous media attention and enhanced this interest in recent years. However, the public understanding of forensic science is poor, and largely based on TV shows such as CSI: Crime Scene Investigation, which exploit high-tech imagery for dramatic effect. Forensic science is a complex activity at the interface of science and law. However, it also deals with real life issues and its results are interpreted within unique situations. Complex scientific findings must be considered carefully, dispassionately, and communicated with clarity, simplicity, and precision. In this Very Short Introduction, Jim Fraser introduces the concept of forensic science and explains how it is used in the investigation of crime. He begins at the crime scene itself, explaining the principles and processes of crime scene management. He explores how forensic scientists work; from the reconstruction of events to laboratory examinations. He considers the techniques they use, such as fingerprinting, and goes on to highlight the immense impact DNA profiling has had. Providing examples from forensic science cases in the UK, US, and other countries, he considers the techniques and challenges faced around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.
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: 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: Neil C. Blond
Publisher: Aspen Publishers Online
Release Date: 2009-09-01
From the start of classes to your final exams, Blond's Law Guides help you succeed in law school. Early in the semester and before each class, review the case summaries for clues on what to look for in a case. Throughout the semester, refer to the topical flow charts to understand the big picture of your course. As exam time draws near, utilize the summary outlines for semester review and mnemonics for essay prep. Features include: Case Clips that cover the key facts, issues, and rules you really need to know EasyFlow(tm) Charts that tie the key concepts together Outlines that hone in on what's important, leaving you with more time to learn Proven mnemonics that help you organize your essays and spot issues Blond's Law Guides provide clear, concise, and effective study guidance for the entire semester. Look for other Blond's Law Guides in the following course areas: Civil Procedure, Constitutional Law, Contracts, Criminal Law, Criminal Procedure, Evidence and Property.
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.
Author: Prof. Carlton Bailey
Publisher: Oxford University Press
Release Date: 2015-03-05
In a criminal procedure class, students are asked to determine whether a citizen's constitutional rights were violated, and this question is consistently posed under a myriad of factual circumstances. In order to answer the query, students would need to examine and discuss the United States Supreme Court's interpretations of the Fourth, Fifth, Sixth, and Fourteenth Amendments of the US Constitution, identifying many tests and standards from those examinations and spirited discussions. Criminal Procedure: Model Problems and Outstanding Answers documents a few of the United States Supreme Court's tests and standards from these amendments to provide a more accurate assessment of whether a "right" under the Constitution has retained its full vitality, or whether it has been modified or made less vital than originally intended. Oxford University Press equips students with an accessible guide to acing challenging criminal procedure law exams. In Criminal Procedure: Model Problems and Outstanding Answers, Carlton Bailey helps students demonstrate their knowledge of criminal procedure in the structured and sophisticated manner that professors expect on law school exams. This book provides clear introductions on the fundamental topics in criminal procedure, provides hypotheticals similar to those that students can expect to see on an exam (including multi-issue questions), and offers model answers to those hypotheticals. Professor Bailey then coaches students in how to evaluate their own work with a comprehensive self-analysis section. This book prepares students by challenging them to use the law they learn in class while also explaining the best way to express sophisticated answers on law school exams.