The Supreme Court And The Criminal Law

Author : Rolando V. del Carmen
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442201584
Total Pages : 383 pages
Book Rating : 4.83/5 ( download)

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Download or read book Criminal Procedure and the Supreme Court written by Rolando V. del Carmen and published by Rowman & Littlefield Publishers. This book was released on 2010-09-15 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and significant issue in the criminal justice system today. The subject of many Supreme Court decisions, they seriously impact the way police pursue their investigations, the way prosecutors proceed with their cases, and the way defense attorneys defend their clients. This book answers these questions and explains these decisions in accessible and easy to follow language. Each chapter explores a separate case or series of cases involving the application of the Fourth Amendment to current police investigatory practices or prosecutorial conduct of the criminal trial. The police-related cases involve topics such as searches of suspects (both prior and incident to arrest), pretext stops, the knock-and-announce rule, interrogation procedures, and the parameters of an individual's reasonable expectation of privacy. The prosecutor-related cases involve topics such as jury selection, the right to counsel, and sentencing. This important overview serves as an introduction to the realities and practicalities of police investigation and the functioning of the criminal justice system when search and seizure becomes an issue.

Author : William Hurt Erickson
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.58/5 ( download)

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Download or read book United States Supreme Court Cases and Comments written by William Hurt Erickson and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Dean J. Champion
Publisher : Prentice Hall
ISBN 13 : 9780135131824
Total Pages : 0 pages
Book Rating : 4.20/5 ( download)

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Download or read book Leading U.S. Supreme Court Cases in Criminal Justice written by Dean J. Champion and published by Prentice Hall. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading U.S. Supreme Court Cases in Criminal Justice: Briefs and Key Terms is an indispensable reference for courses in criminal procedure, constitutional law and criminal law. The book is divided into two major sections. The first major section includes annotated briefs of over 1000 U.S. Supreme Court decisions that have impacted the criminal justice system. The second major section includes more than 6000 key terms and definitions across all areas of criminal justice and criminology. Features of the book include: U.S. Supreme Court cases indexed by over 160 categories Case annotations include case details, court holdings, reasons for such holdings and relevance of cases to criminal justice Explanation of citation protocol for U.S. Reports, Supreme Court Reporter, and regional state Supreme Court compilations and reporters, such as the Pacific Reporter and Southwestern Reporter. Addresses and contact information provided for most Ph.D. programs in criminology/criminal justice Comprehensive listing of acronyms for criminal justice organizations and agencies Up-to-date listing of Internet sites accessed by criminologists for research Contact information for all U.S. corrections agencies, including probation and parole

Author : Paul Lermack
Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.36/5 ( download)

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Download or read book Rights on Trial written by Paul Lermack and published by . This book was released on 1983 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explains the Supreme Court's selective incorporation opinions of 1961-1969 and the result of the broadening of the Bill of Rights on state criminal law. The author views the emergence of a cooperative federalism.

Author : George C. Thomas
Publisher : University of Michigan Press
ISBN 13 : 0472026089
Total Pages : 322 pages
Book Rating : 4.81/5 ( download)

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Download or read book The Supreme Court on Trial written by George C. Thomas and published by University of Michigan Press. This book was released on 2010-02-09 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan

Author : Colton Fehr
Publisher : UBC Press
ISBN 13 : 0774867698
Total Pages : 267 pages
Book Rating : 4.96/5 ( download)

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Download or read book Constitutionalizing Criminal Law written by Colton Fehr and published by UBC Press. This book was released on 2022-04-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.

Author : Tina M. Fielding Fryling
Publisher : Aspen Publishing
ISBN 13 : 1543858562
Total Pages : 664 pages
Book Rating : 4.63/5 ( download)

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Download or read book Constitutional Law in Criminal Justice written by Tina M. Fielding Fryling and published by Aspen Publishing. This book was released on 2023-01-31 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioner and Educator, Tina Fryling Presents a Pragmatic and Accessible Approach to Constitutional Law for Criminal Justice Students Constitutional Law in Criminal Justice, Third Edition presents the constitutional provisions most directly related to criminal law and procedure and demonstrates their daily impact on the attitudes, capabilities, events, and responses of legal professionals in policing, courtrooms, and federal agencies. The U.S. Constitution guides every facet of the investigation of crime and of threats to public safety and national security. To further readers’ understanding of the nature of these procedures, this book examines both the Constitution’s relevant provisions and the central developments in their interpretation by the Supreme Court and other U.S. courts. Vivid examples of the situations faced by practitioners on a daily basis bring the complexities of criminal law to life. New to the Third Edition: Expanded discussions of strict scrutiny, stop and frisk, cell phone privacy, the Strickland Test, and First Amendment protections in social media and campaign financing. New cases cover: the interpretation of the attempt to restrain an individual as a seizure (Torres v. Madrid) searches based on “common sense” and making a “logical inference” (Kansas v. Glover) hot pursuit and entry into a building (Lange v. California) the “community caretaking exception” to the Fourth Amendment (Caniglia v. Strom) the Establishment Clause and schools (Kennedy v. Bremerton School District and Carson v. Makin) the primacy of Second Amendment rights (New York State Rifle and Pistol Ass’n. v. Bruen) New scenarios for “You Be the Judge” and featured cases. Professors and students will benefit from: “You Be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers’ interests, perspectives, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals. The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding

Author : David Rudenstine
Publisher : Oxford University Press
ISBN 13 : 0199381488
Total Pages : 345 pages
Book Rating : 4.87/5 ( download)

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Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.

Author : Louisiana. Supreme Court
Publisher :
ISBN 13 :
Total Pages : 648 pages
Book Rating : 4.97/5 ( download)

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Download or read book Louisiana Reports written by Louisiana. Supreme Court and published by . This book was released on 1907 with total page 648 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Duane R. Court and the criminal law Nedrud
Publisher :
ISBN 13 :
Total Pages : 104 pages
Book Rating : 4.86/5 ( download)

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Download or read book The Supreme Court and the Criminal Law written by Duane R. Court and the criminal law Nedrud and published by . This book was released on 1979 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: