Criminal Procedure

Third Auflage
ISBN: 978-1-5063-0649-0
Verlag: SAGE Publications, Inc

Buch, Englisch, 656 Seiten, Format (B × H): 217 mm x 279 mm, Gewicht: 1344 g

This contemporary, comprehensive, case-driven textbook from award-winning teacher Matthew Lippman covers the constitutional foundation of criminal procedure and includes numerous cases selected for their appeal to today’s students. Organized around the challenge of striking a balance between rights and liberties, Criminal Procedure, Third Edition emphasizes diversity and its impact on how laws are enforced. Built-in learning aids, including You Decide scenarios, Legal Equations, and Criminal Procedure in the News features, engage students and help them master key concepts. Fully updated throughout, the Third Edition includes today’s most recent legal developments and decisions.

This edition is also accompanied by an Edge site: edge.sagepub.com/lippmancp3e

New to this edition:

- New discussions of the most recent Supreme Court cases explore areas such as search and seizure, exigent circumstances, consent searches, effective assistance of counsel, plea bargaining, sentencing, and habeas corpus.

- New Criminal Procedure in the Newsexcerpts discuss contemporary issues and events, including stop and frisk, police discretion, and government online surveillance.

- New You Decide exercisesask students to assume the role of a judge and become part of the criminal procedure process. The student study website offers answers to these challenges.

- New Criminal Procedure on the Webexercises on the website give students practice in applying key concepts.

Autoren/Hrsg.

Lippman, Matthew

Fachgebiete

• Sozialwissenschaften Soziologie | Soziale Arbeit Spezielle Soziologie Kriminalsoziologie

Inhaltsverzeichnis

CHAPTER 1: An Introduction to Criminal Procedure
Criminal Law and Criminal Procedure
Balancing Security and Rights
The Objectives of Criminal Procedure
The Criminal Justice Process
Sources of the Law of Criminal Procedure
The Structure of the Federal and State Court Systems
Precedent
Judicial Philosophy
Law in Action and Law on the Books
CHAPTER 2: The Sources of Criminal Procedure
The Sources of Criminal Procedure
The U.S. Constitution
The U.S. Supreme Court
State Constitutions and Court Decisions
Federal and State Statutes
Rules of Criminal Procedure
A Model Code of Pretrial Procedure
The Development of Due Process
The Fourteenth Amendment
Fundamental Fairness
Total Incorporation
Selective Incorporation
Equal Protection
The Impact of Supreme Court Decisions
Two Models of Criminal Procedure
Why Criminal Procedure Matters
CHAPTER 3: Searches and Seizures
The Historical Background of the Fourth Amendment
Searches
Informants and Electronic Eavesdropping
Plain View
Expectation of Privacy
Open Fields
Curtilage and Aerial Surveillance
Technology and the Home
Public Places and Private Businesses
Abandoned Property
Seizures of Persons
CHAPTER 4: Stop and Frisk
Reasonable Suspicion
Informants and Hearsay
Drug Courier Profiles
Race and Reasonable Suspicion
The Scope and Duration of a Terry Stop
Frisks
CHAPTER 5: Probable Cause and Arrests
Arrests
Probable Cause
Reasonableness and Arrests
Probable Cause, Warrants, and the Courts
Arrests and Warrants
Arrests in the Home
Exigent Circumstances
Deadly Force and Arrests
Nondeadly Force
Misdemeanor Arrests and Citations
CHAPTER 6: Searches and Seizures of Property
Search Warrants
Knock and Announce
Warrantless Searches
Searches Incident to an Arrest
Searches Incident to an Arrest and the Contemporaneous Requirement
Searches of the Area of Immediate Control and Automobiles
Misdemeanors and Searches Incident to an Arrest
Pretext Arrests and Searches Incident to an Arrest
Consent Searches
The Scope of a Consent Search
Withdrawal of Consent
Third Party Consent
Probable Cause Searches of Motor Vehicles
Probable Cause Searches of Containers in Automobiles
Other Warrantless Searches
Inventories
CHAPTER 7: Inspections and Regulatory Searches
Administrative Inspections
Special-Needs Searches
International Borders
Motor Vehicle Checkpoints
Airport Screening
Workplace Drug Testing
Searches in High Schools
Probation and Parole
Correctional Institutions
CHAPTER 8: Interrogations and Confessions
Due Process
The McNabb–Mallory Rule
Escobedo v. Illinois
The Right Against Self-Incrimination
Miranda v. Arizona
Custodial Interrogation
The Public Safety Exception
The Miranda Warnings
Invoking the Miranda Rights
Waiver
Waiver: Question First and Warn Later
Waiver Following Invocation of the Miranda Rights
Interrogation
Sixth Amendment Right to Counsel: Police Interrogations
CHAPTER 9: Eyewitness and Scientific Identifications
Wrongful Convictions and Eyewitness Identification
The Sixth Amendment and Eyewitness Identifications
The Sixth Amendment and Prearraignment Identifications
The Sixth Amendment and Photographic Displays
The Due Process Test
Suggestiveness, Reliability, and the Totality of the Circumstances
The Requirement of Police Involvement
Scientific Identification
DNA Evidence
Polygraph Evidence
CHAPTER 10: The Exclusionary Rule and Entrapment
The Exclusionary Rule
Debating the Exclusionary Rule
Invoking the Exclusionary Rule
Exceptions to the Exclusionary Rule
Does the Exclusionary Rule Deter Unreasonable Searches and Seizures?
Entrapment
CHAPTER 11: Civil and Criminal Remedies for Constitutional Violations
Civil Remedies
Section 1983 Legal Actions Against Local and State Law Enforcement Officers
Violation of Federal Constitutional and Statutory Rights
Individual Liability Under Section 1983
Absolute and Qualified Immunity
The Affirmative Duty to Protect
The Liability of Local Government Entities Under Section 1983
Injunctions
Pattern or Practice of the Deprivation of Constitutional Rights
State Tort Remedies Against Law Enforcement Officers
Remedies for Constitutional Violations by Federal Law Enforcement Officers
Criminal Prosecutions
Administrative Remedies
Internal Affairs
External Review
CHAPTER 12: The Initiation of the Legal Process, Bail, and the Right to Counsel
The Prosecutorial Discretion to Charge
Pretrial Release
Pretrial Detention
Indigency and the Right to Counsel
Right to Counsel and Critical Stages of Prosecution
The Meaning of “All Criminal Prosecutions”
Determining Indigency
The Right to Select an Appointed Counsel
The Right to Effective Legal Representation
The Right to Self-Representation
CHAPTER 13: The Courtroom: The Pretrial and Trial Process
Preliminary Hearing
Grand Jury
Arraignment
Pretrial Motions
Constitutional Right to a Jury Trial
The Twelve-Member Jury Requirement
Jury Selection
Peremptory Challenges
Challenges to Judges
Public Trial
The Trial
Opening Statement
Presentation of Evidence
Confrontation
Cross-Examination
Hearsay
Compulsory Process
Burden of Proof
Reasonable Doubt
Closing Arguments
Jury Instructions
Jury Deliberations
Jury Unanimity
Jury Nullification
Guilty Pleas
CHAPTER 14: Sentencing and Appeals
A Brief History of Sentencing in the United States
Criminal Punishment
Purposes of Punishment
Types of Punishment
Approaches to Sentencing
The Judicial Sentencing Process
Sentencing Guidelines
Determinate Sentences
Cruel and Unusual Punishment
Methods of Punishment
Capital Punishment
The Eighth Amendment and Sentences for a Term of Years
The Eighth Amendment and Life Imprisonment for Juveniles
Equal Protection
Criminal Appeals
Habeas Corpus
CHAPTER 15: Counterterrorism
Electronic Surveillance
Sneak-and-Peek Searches
Detention of Noncitizens
Material Witness Warrants
Monitoring of Attorney–Client Communications
Watch List
State Secrets Doctrine
Interrogations
Military Commissions and Combat Status Review Tribunals

Über Autor(innen)

Lippman, Matthew
Matthew Lippman is Professor Emeritus in the Department of Criminology, Law, and Justice at the University of Illinois Chicago (UIC) and has taught criminal law and criminal procedure for more than 30 years. He has also taught courses on civil liberties, law and society, and terrorism and has taught international criminal law at UIC School of Law. He earned a doctorate in political science from Northwestern University, earned a master of laws from Harvard Law School, and is a member of the Pennsylvania Bar. He has been voted by the graduating seniors at UIC to receive the Silver Circle Award for outstanding teaching on six separate occasions and has also received the UIC Flame Award from the University of Illinois Alumni Association, as well as the Excellence in Teaching Award, the Teaching Recognition (Portfolio) Award, the HOPE Award, and the Honors College Fellow of the Year Award. The university chapter of Alpha Phi Sigma, the criminal justice honors society, named him Criminal Justice Professor of the Year on three occasions. In 2008, he was recognized as a College of Liberal Arts and Sciences Master Teacher. He was honored by the College of Liberal Arts and Sciences, which named him Commencement Marshal at the May 2012 graduation. Professor Lippman is also recognized in Who’s Who Among America’s Teachers.
Professor Lippman is author of 100 articles and author or coauthor of six books. These publications focus on criminal law and criminal procedure, international human rights, and comparative law. He also is author of five other SAGE volumes: Criminal Procedure (4th ed., 2020), Essential Criminal Law (3rd ed., 2020), Law and Society (3rd ed., 2021), Criminal Evidence (2016), and Striking the Balance: Debating Criminal Justice and Law (2018). In 2018, he received the Cornerstone Author Award from SAGE Publishing. His work is cited in hundreds of academic publications and by domestic and international courts and organizations. He also has served on legal teams appearing before the International Court of Justice in The Hague and submitting briefs to the U.S. Supreme Court, has testified as an expert witness on international law before numerous state and federal courts, and has consulted with both private organizations and branches of the U.S. government.
Professor Lippman regularly appears as a radio and television commentator and is frequently quoted in leading newspapers. He has served in every major administrative position at UIC in the Department of Criminology, Law, and Justice including Department Head, Director of Undergraduate Studies, and Director of Graduate Studies.