2nd Edition

Constitutional Law and Criminal Justice




ISBN 9781498721196
Published October 2, 2015 by Routledge
331 Pages - 37 B/W Illustrations

USD $130.00

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Book 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

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Author(s)

Biography

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.

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Author - Cliff  Roberson
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Cliff Roberson

Emeritus Professor, Washburn University
Topeka, Kansas, USA

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Author - Cliff  Roberson
Author

Cliff Roberson

Professor Emeritus, Washburn University
Houston, Texas, United States

Learn more about Cliff Roberson »

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