1st Edition

Criminal Law, Procedure, and Evidence





ISBN 9781439854495
Published January 6, 2011 by Routledge
459 Pages

USD $140.00

Prices & shipping based on shipping country


Preview

Book Description

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. Criminal Law, Procedure, and Evidence 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 of the classic criminal justice issues to which readers can relate. These problems are presented from both the point of view of citizens caught up in a police investigation and from the perspective of police officers attempting to enforce the law within the framework of constitutional protections.

Concepts discussed include

  • Probable cause
  • Search and seizure, stop and frisk, and the exclusionary rule
  • Confessions and Miranda warnings
  • The right to counsel
  • Lineups
  • Standards of proof
  • Proportionate sentencing
  • The right to confront accusers

Providing a complete view of American legal principles, the book addresses distinct issues as well as the overlays and connections between the issues. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common law evidentiary doctrines.

Table of Contents

Section I: Overview

Balancing Law Enforcement and Individual Rights

Social Control in a Free Society
Constitutional Requirements
Applications to White-Collar Crime

A Bill of Rights Summary
The First Amendment
The Second Amendment
The Third Amendment
The Fourth Amendment
The Fifth Amendment
The Sixth Amendment
The Seventh Amendment
The Eighth Amendment
The Ninth Amendment
The Tenth Amendment
The Rejected Amendment

Section II: Crime and Due Process Protections

The Development of Due Process Protections
The Fourteenth Amendment
Federalism and the Dual Court System
Applying Due Process to the States
Brown v Mississippi

Rochin v California

Selective Incorporation of Federal Rights
Trial by Jury
Self-Incrimination
The Right to Remain Silent and the Presumption of Innocence
Warren Court Criminal Procedure Decisions
The Right to Keep and Bear Arms

Principles of Criminal Law
actus reus

mens rea

Causation
Felony Murder
Accomplice Liability
Strict Liability Crimes

Crimes and Punishments
Homicide
Justification
Negative and Affirmative Defenses
Mistake of Fact and Factual Impossibility
Death Penalty
Rape
Larceny
Three Strikes
Federal Crimes
Double Jeopardy
Patterson v New York


The Exclusionary Rule and the Fourth Amendment
Wolf v Colorado

Mapp v Ohio

Payton v New York

How Far Does the Exclusionary Rule Go?
Independent Source Exception

Section III: Search and Seizure

Search Warrants
Oath or Affirmation
Probable Cause and Particularity
Confidential Informants
Challenging the Truthfulness of a Warrant Application
Anticipatory Warrants and Controlled Deliveries
Procedures and Statutory Rules
Knock and Announce Rules
Administrative Warrants
Special Needs Searches
Border and Airport Searches
Prison, Parole, and Probation
Schools and Students

The Law of Arrest
Probable Cause
Arrest Warrants
The Elements of an Arrest
Good Judgment and Discretion
Hearsay
Confidential Informants
Use of Force to Arrest
Prosecution

Searches without Warrants
Plain View
Searches Incidental to a Lawful Arrest:
The Emergency Exception
Hot Pursuit
Exigent Circumstances
Protective Sweeps
Open Fields

A Not So Uncommon Police/Citizen Encounter

Stop, Question, and Frisk
Reasonable Suspicion
Time and Place
The Frisk
Use of Force
Anonymous Tips
Inquiries on Less than Reasonable Suspicion

Consent Searches
Voluntary Consent
Third-Party Consent
Good Faith Mistakes
Abandoned Property
Induced Abandonment

Search and Seizure of Vehicles and Occupants
Mobility and the Automobile Exception
Lesser Expectation of Privacy
Closed Containers
Occupants
Searches Incidental to Arrest
Stop and Frisk in and Around Automobiles
Traffic Stops
Detention of Drivers and Passengers
Traffic Violations as a Pretext to Stop, Frisk, or Search
Roadblocks and Safety Checks
Inventory Searches
Standing to Challenge Searches

Section IV: The Individual as the Subject of Government Investigation

The Privilege against Compelled Self-Incrimination and Miranda v Arizona
Confessions
False Confessions
Supervision of Police Interrogation Practices
Miranda v Arizona


Refining Miranda
Questions Raised by Miranda

Suppressing Confessions to Enforce the Fourth Amendment
Exceptions to Miranda
Diluting the Poisonous Tree Doctrine
Congressional Attempt to Overrule Miranda
The Court’s Response
Severing a Branch of the Poisonous Tree

The Right to Counsel
Indirect Questioning
Inevitable Discovery Exception
Jailhouse Informants
Offense-Specific Variations
Right to Counsel for Factually Related Cases
Interminable Right to Counsel
Exceptions to Miranda, the Right to Counsel, and the Fruits of the Poisonous Tree Doctrine

Evidence and Due Process
Relevant, Material, and Competent
Too Prejudicial
Circumstantial Evidence
Character Evidence
Credibility
The MIMIC Rule
Presumptions

Identifications and Due Process
Lineups
Show-ups
Point-outs During a Canvas
Photographs
In-court Identifications
Bolstering In-court Testimony with Prior Identifications
Right to Counsel at Lineups
Confirmatory Identifications by Police Officers
Corroboration
Identifications without Eyewitnesses
Self-incrimination by Physical Evidence

The Right of Confrontation
Hearsay
Non-hearsay
Hearsay Exceptions
Dying Declarations
Confessions
Admissions
Excited Utterances and Spontaneous Statements
Prior Inconsistent Statements
Defendant’s Prior Inconsistent Statements
Prior Testimony
Declarations against Interest

Government Surveillance
The Omnibus Crime Control and Safe Streets Act of 1968
Strict Requirements
E-mail and Text Messages
Pen Registers and Trap-and-Trace Devices
Tracking a Person’s Movements
X-rays, Metal Detectors, Thermal Imaging, and Video
Dogs

Terrorism and the Patriot Act

Index

...
View More

Author(s)

Biography

Before practicing as a criminal defense attorney and teaching at John Jay College of Criminal Justice, Walter P. Signorelli was a member of the New York City Police Department for more than thirty years. He retired as an Inspector in the Detective Division and had been the commanding officer of precincts in Brooklyn and Manhattan, in the Organized Crime Control Bureau, and in the Narcotics Division. He is a graduate of St. John's University School of Law and the Columbia University Police Management Institute. He is the author of The Constable Has Blundered: The Exclusionary Rule, Crime, and Corruption and The Crisis of Police Liability Lawsuits.