Modern Criminal Procedure, Basic Criminal Procedure, Advanced Criminal Procedure, 12th Editions, 2009 Supplement
by Kamisar, Yale; Lafave, Wayne R.; Israel, Jerold H.; King, Nancy J.; Kerr, Orin S.Edition: 12th
Format: Paperback
Pub. Date: 2009-08-04
Publisher(s): West Academic
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Summary
For many years the Kamisar?LaFave?Israel?King teaching materials?the outstanding work of four nationally recognized authorities on the subject?have dominated the field. The addition of Professor Kerr to the author mix has only heightened the prestige of the text. The supplement evidences the same judicious selection and editing of cases and the same intelligent use of the literature that are reflected in the principal books.
Table of Contents
| Preface | p. iii |
| Acknowledgments | p. v |
| Table of Cases | p. xi |
| Introduction | |
| On Studying The Legal Regulation Of the Criminal Justice Process | p. 1 |
| The Steps in the Process | p. 1 |
| Sources Of Criminal Procedure Law | p. 3 |
| Is There A Due Process Right To Technology That Might Establish One's Innocence? | p. 3 |
| District Attorney's Office V. Osborne | p. 3 |
| The Retroactive Effect Of a Holding Of Unconstitutionality | p. 13 |
| Danforth V. Minnesota | p. 13 |
| Due Process, Individual Rights And The War OnTerrorism | p. 17 |
| Boumediene V. Bush | p. 17 |
| The Right To Counsel, "By Far The Most Pervasive&" Right Of The Accused; Equality And The Adversary System | p. 24 |
| The Right To Appointed Counsel And Related Problems | p. 24 |
| Rothgery V. Gillespie County | p. 24 |
| The Right To Appointed Counsel In Proceedings Other Than Criminal Prosecutions | p. 31 |
| Juvenile court proceedings | p. 31 |
| The Role Of Counsel | p. 32 |
| Waiver of The Right To Counsel: The Right to Proceed Pro Se | p. 32 |
| Indiana V. Edwards | p. 32 |
| The Constitutional Division of Authority Over Defense Decisions | p. 40 |
| Gonzales V. United States | p. 40 |
| Police Practices | |
| Arrest, Search And Seizure | p. 44 |
| The Exclusionary Rule | p. 44 |
| Herring V. United States | p. 44 |
| "Probable Cause" | p. 51 |
| Commonwealth V. Dunlap | p. 51 |
| Search Warrants | p. 52 |
| United States V. Scott | p. 52 |
| Warrantless Arrests and Searches of the Person | p. 52 |
| Virginia V. Moore | p. 53 |
| Warrantless Entries and Search of Premises | p. 53 |
| Arizona V. Gant | p. 53 |
| Warrantless Seizures and Searches of Vehicles | p. 54 |
| Arizona V. Gant | p. 54 |
| Stop and Frisk | p. 64 |
| Arizona V. Johnson | p. 64 |
| Administrative Searches and Regulatory Searches: More On Balancing the Need Against the Invasion Of Privacy | p. 65 |
| Safford Unified School District #1 V. Redding | p. 66 |
| Network Surveillance | p. 67 |
| The Fourth Amendment | p. 67 |
| Rights In Content Information | p. 67 |
| Statutory Privacy Laws | p. 67 |
| Note On National Security Monitoring and the Foreign Intelligence Surveillance Act | p. 67 |
| Police Interrogation and Confessions | p. 69 |
| Historical Background | p. 69 |
| The Mcnabb-Mallory Rule: Supervisory Authority Over Federal Criminal Justice Vs. Fourteenth Amendment Due Process | p. 69 |
| The Miranda "Revolution" | p. 70 |
| Steven B. Duke&Does Miranda Protect The Innocent or the Guilty? | p. 70 |
| Sherry F. Colb&Why is Torture "Different" and How "Different" Is It? | p. 70 |
| The Schism between the Fbi and the military regarding detainee interrogation methods: The Inspector General's Review of the FBI's Involvement and Observations in Guantanamo Bay, Afghanistan, and Iraq | p. 71 |
| Montejo V. Louisiana | p. 80 |
| The "Due Process"-"Voluntariness" Test Revisited | p. 91 |
| The Impact Of Miranda on the "Voluntariness" test: Steven Duke, supra | p. 91 |
| Lineups, Showups And Other Pre-Trial Identification Procedures | p. 93 |
| Due Process And Other Limitations | p. 93 |
| Commonwealth V. Silva-Santiago | p. 93 |
| Grand Jury Investigations | p. 95 |
| Self-Incrimination and the Compelled Production of Documents | p. 95 |
| In re Grand Jury Subpoena to Boucher | p. 95 |
| The Scope of the Exclusionary Rules | p. 96 |
| The "Fruit of the Poisonous Tree" | p. 96 |
| The "Inevitable Discovery" Doctrine: The Sequel to Brewer v. Williams | p. 96 |
| The Exclusionary Rule and Causation: Hudson v. Michigan and Its Ancestors | p. 96 |
| James J. Tomkovicz, Hudson v. Michigan and the Future of Fourth Amendment Exclusion | p. 98 |
| Is a "Second Confession" Following a Failure to Comply with the Massiah Doctrine Admissible? | p. 100 |
| Use of Illegally Obtained Evidence for Impeachment Purposes | p. 100 |
| The Supreme Court Misconstrues the Right to Counsel | p. 102 |
| The Commencement of formal Proceedings | |
| Pretrial Release | p. 103 |
| The Right to Bail; Pretrial Release Procedures | p. 103 |
| Speedy Trial and Other Speedy Disposition | p. 104 |
| Speedy Trial | p. 104 |
| The Adversary System and The Determination of Guilt Or Innocence | |
| Guilty Pleas | p. 105 |
| Some Views of Negotiated Pleas | p. 105 |
| Introduction | p. 105 |
| Administrative Convenience | p. 105 |
| Rejected, Kept and Broken Bargains; Unrealized Expectations | p. 106 |
| Professional Responsibility; the Role of Prose-Cutor and Defense Counsel | p. 107 |
| Trial By Jury | p. 108 |
| Right to Jury Trial | p. 108 |
| Jury Selection | p. 109 |
| Selecting the Jury From the Venire: Voir Dire | p. 109 |
| the Criminal Trial | p. 110 |
| Presence and Confrontation | p. 110 |
| Reprosecution and the Ban Against Double Jeopardy | p. 111 |
| Reprosecution After A Mistrial | p. 111 |
| Sentencing | p. 112 |
| Introduction to Sentencing | p. 112 |
| Who Sets the Sentence | p. 112 |
| Constitutional Limits On Sentencing Procedure | p. 112 |
| Notice, Confrontation, Defense Submissions | p. 112 |
| Appeals, Post-Conviction Review | |
| Appeals | p. 114 |
| The Defendant's Right to Appeal | p. 114 |
| Cognizable Claims | p. 114 |
| Puckett v. United States | p. 114 |
| Greenlaw v. United States | p. 116 |
| Post-Conviction Review: Federal Habeas Corpus | p. 117 |
| Claims Foreclosed By Procedural Default | p. 117 |
| Retroactivity-Which Law Applies? | p. 117 |
| Appendices | |
| Selected Provisions of the United States Constitution | p. 118 |
| Selected Federal Statutory Provisions | p. 122 |
| Wire and Electronic Communications Interception and Interception of Oral Communications (18 U.S.C. 2510-2511, 2515-2518, 2520-2521) | p. 122 |
| Stored Wire and Electronic Communications and Transactional Records Access (18 U.S.C. 2702, 2707, 2708) | p. 143 |
| Searches and Seizures (18 U.S.C.A. 3103a, 3105, 3109) | p. 147 |
| Bail Reform Act of 1984 (18 U.S.C. 3141-3150) | p. 148 |
| Speedy Trial Act of 1974 (As Amended) (18 U.S.C. 3161-3162, 3164) 160 | |
| Jencks' Act (18 U.S.C. 3500) | p. 166 |
| Litigation Concerning Sources of Evidence (18 U.S.C. 3504) | p. 167 |
| Criminal Appeals Act of 1970 (As Amended) (18 U.S.C. 3731) | p. 168 |
| Crime Victims' Rights (18 U.S.C. 3771) | p. 168 |
| Jury Selection and Service Act of 1968 (As Amended) (28 U.S.C. 1861-1863, 1865-1867) | p. 171 |
| Habeas Corpus (28 U.S.C. 2241-2244, 2253-2255, 2261-2266) | p. 178 |
| Privacy Protection Act of 1980 (42 U.S.C. 2000aa-2000aa-12); Guidelines (28 C.F.R. 59.4) | p. 191 |
| Guidelines (28 C.F.R. 59.4) | p. 195 |
| Foreign Intelligence Surveillance Act (50 U.S.C.A. 1861) | p. 198 |
| Federal Rules of Criminal Procedure for the United States District Courts | p. 204 |
| Pending Amendments to Federal Rules of Criminal Procedure | p. 270 |
| Proposed Amendments to Federal Rules of Criminal Procedure | p. 280 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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