Criminal Law Procedure and Evidence

<p>Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning.</p><p>Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections.</p><p>This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.</p> <p><strong>Section I: Overview </strong>1. Balancing Law Enforcement and Individual Rights 2. Social Control in a Free Society 3. A Bill of Rights Summary <b>Section II: Crime and Due Process Protections </b>4. Development of Due Process Protections 5. Principles of Criminal Law 6. Crimes and Punishments 7. The Exclusionary Rule and the Fourth Amendment <b>Section III: Search and Seizure </b>8. Search Warrants 9. The Law of Arrest 10. Searches without Warrants 11. A Not So Uncommon Police/Citizen Encounter 12. Stop, Question, and Frisk 13. Consent Searches 14. Search and Seizure of Vehicles and Occupants <b>Section IV: The Individual as the Subject of Government Investigation </b>15. The Privilege against Compelled Self-incrimination and <i>Miranda v. Arizona </i>16. Refining <i>Miranda </i>17. The Right to Counsel 18. Evidence and Due Process 19. Identifications and Due Process 20. The Right of Confrontation 21. Government Surveillance 22. Terrorism and the PATRIOT Act</p>