Constitutional Law and Criminal Justice: 2nd Edition (Hardback) book cover

Constitutional Law and Criminal Justice

2nd Edition

By Cliff Roberson

CRC Press

331 pages | 37 B/W Illus.

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pub: 2015-10-02
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Description

Illuminating concepts in plain language, eliminating unnecessary legal jargon, and clarifying nuances in the law,this new edition of Constitutional Law and Criminal Justice simplifies understanding of the United States judicial system for those without advanced legal training. It also provides a much-needed update by including decisions by the Supreme Court of the United States since the first edition as well as a discussion on the current makeup and policy of the Supreme Court.

The Second Edition includes:

  • Learning objectives added to each chapter
  • An extended discussion on the issue of "Does the United States have an unwritten constitution in addition to a written one?"
  • Summary outlines of recent Supreme Court decisions
  • Revisions to all chapters in accordance with Supreme Court decisions since the first edition
  • Edits to cases and excerpts to enhance understanding of the material
  • A summary added to each chapter

The book begins with an overview of the Bill of Rights, followed by an examination of the components of the judiciary. It moves on to a discussion of due process, the First, Fourth, Fifth, Sixth, and Eighth Amendments, and the exclusionary rule. Additional chapters address civil liability and the criminal justice professional as well as the impact of terrorism on the right of habeas corpus.

Review questions and relevant cases in each chapter illustrate legal applications of each topic. With a balanced approach of illustration, clarity, and conciseness, Constitutional Law and Criminal Justice, Second Edition is a remarkable improvement upon its predecessor. It gives you the key information to understand the most important issues regarding the Constitution and its application in the judicial system.

Table of Contents

Introduction to the U.S. Constitution

Introduction

Original Constitution

Bill of Rights

Supreme Law of the Land

Overview of the Judiciary

Members of the U.S. Supreme Court in 2014

Capstone Case: United States v. Lopez, 514 U.S. 549 (1995)

Summary

Questions in Review

The Concept of Due Process

Introduction

Defining Due Process

Early History of Due Process Clause

States and the Fourteenth Amendment

Police Power

Vagueness

Equal Protection of the Law

Capstone Case: Medina v. California, 505 U.S. 437 (1992)

Summary

Questions in Review

Fourth Amendment

History

Overview of the Amendment

What Constitutes a Search?

Probable Cause

Warrants

ARRESTS

Capstone Case: Atwater v. City of Lago Vista, 149 L. Ed. 2d 549 (2001)

Recent Court Decisions

Summary

Questions in Review

Fourth Amendment Issues

Introduction

Searches without Warrants

No Reasonable Expectation of Privacy Situations

Arrests without Warrants

Terry Stops

Traffic Stops

Scope of the Search

Wiretaps

Recent Court Decisions

Summary

Questions in Review

Exclusionary Rule

Introduction

Exceptions to the Rule

Noncriminal Trial Proceedings

Situations Where the Rule Has Not Been Applied

Exclusionary Rule and the Fifth Amendment

Exclusionary Rule and the Sixth Amendment

Recent Court Decisions

Summary

Questions in Review

Fifth Amendment Issues

Introduction

Grand Jury

Double Jeopardy

Self-Incrimination

Miranda Warning

Exceptions to the Rule

Failure to Advise Defendant of Other Suspected Crimes

Fruit of the Poisonous Tree

Involuntary Confessions

Commenting on Defendant’s Silence

Recent Court Decision

Summary

Questions in Review

Sixth Amendment Issues

Introduction

Speedy Trial

Public Trial

Impartial Jury

Judicial District in Which the Crime Was Committed

Informed of the Nature and Cause of the Accusation

Right to Confront Witnesses

Compulsory Process for Obtaining Witnesses

Assistance of Counsel

Guilty Pleas

Capstone Case: United States v. Gonzalez-Lopez, 548 U.S. 140 (2006)

Recent Court Decisions

Summary

Questions in Review

The Eighth Amendment

Introduction

Death Penalty as Cruel and Unusual

Noncapital Punishments

Jail and Prison Conditions as Cruel and Unusual

Court Sentences as Cruel and Unusual

Bail

Recent Court Decisions

Summary

Questions in Review

The First Amendment

Introduction

Religious Issues

Freedom of the Press

Right to Assemble and Free Speech

Petitions to the Government

Right of Privacy

Obscenity

Students and the First Amendment

Prisoners and the First Amendment

Recent Court Decisions

Summary

Questions in Review

Civil Liability

Introduction

Federal Civil Rights

Liability of Federal Agents under 42 U.S.C.S. § 1983

Officer’s Duty to Arrest

Liability for Failure to Train Police Officers

Immunity

Prosecutors

Capstone Case: Wilson v. Layne, 526 U.S. 603, 628 (1999)

Recent Court Decisions

Summary

Questions in Review

Writ of Habeas Corpus

Introduction

Boumediene v. Bush Case

Procedure for Obtaining Writ

Summary

Questions in Review

References

Glossary

Appendix A: U.S. Constitution

Appendix B: Search warrants

Appendix C: August 2005 Term – at Alexandria

About the Author

Cliff Roberson, LLM, PhD, JD, is an emeritus professor of criminal justice at Washburn University, Topeka, Kansas, and a retired professor of criminology at California State University, Fresno. He earned his PhD in human behavior at U.S. International University, his LLM in criminal law, criminology, and psychiatry at The George Washington University, and his JD at American University. He is the author or co-author of more than 60 books and texts on legal subjects. He has been associate vice president for academic affairs at Arkansas Tech University, dean of arts and sciences at University of Houston in Victoria, Texas, director of programs at National College of District Attorneys, director of the Justice Center at California State University, and assistant professor of criminal justice at St. Edwards University. He has also been a trial supervisor at the Office of State Counsel for Offenders, Texas Board of Criminal Justice, and judge pro tem in the California courts.

Subject Categories

BISAC Subject Codes/Headings:
LAW026000
LAW / Criminal Law / General
LAW041000
LAW / Forensic Science
SOC004000
SOCIAL SCIENCE / Criminology