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.
Rezensionen / Stimmen
Both editors of this reader, Carmen (Sam Houston State Univ.) and Hemmens (Boise State Univ.), are well-known, well-published professors in good-quality criminal justice departments. They have prepared a book that covers the leading criminal justice cases in a unique way. Most criminal justice texts either summarize an enormous number of cases without discussing any in depth, or they feature full-length cases but are quite short on updates or cases discussions. By contract, this reader seeks to combine both approaches by selecting the most important cases in criminal procedure and then discussing the decisions in great depth, including the dissenting and concurring decisions. The result is that fewer cases are examined but with much greater guidance and in-depth coverage of the truly significant ones. The book is divided into nine general issue areas: privacy rights, the exclusionary rule, stop and frisk, the arrest, searches, motor vehicles, interrogations and lineups, police liability, and other police practices. The well-written book contains excellent endnotes, a carefully prepared index, and short biographies of selected US Supreme Court justices. Summing Up: Recommended CHOICE A useful addition to the criminal procedure literature...A one-stop shop for groundbreaking criminal procedure cases decided by the U.S. Supreme Court. The Law and Politics Book Review
Sprache
Verlagsort
Verlagsgruppe
Bloomsbury Publishing Plc
Zielgruppe
Maße
Höhe: 229 mm
Breite: 152 mm
ISBN-13
978-1-4422-0157-6 (9781442201576)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Klassifikation
Rolando V. del Carmen is Distinguished Professor of Criminal Justice (Law) and Regents Professor in the College of Criminal Justice, Sam Houston State University. He has written many books and numerous articles in law and criminal justice. His book, Criminal Procedure: Law and Practice, has been translated into various languages and widely used in criminal justice programs. His other books include: The Death Penalty: Constitutional Issues, Commentaries and Case Briefs (with colleagues), Juvenile Justice: The System, Process, and Law (with Chad Trulson); Civil Liabilities in American Policing, and Community-Based Corrections (with Leanne Fiftal Alarid & Paul Cromwell). He is the recipient of three awards from the Academy of Criminal Justice Sciences: The Academy Fellow Award (1990), the Bruce Smith Award (1997); and the Founder's Award (2005). Craig Hemmens is a Professor in the Department of Criminal Justice at Boise State University. He holds a J.D. from North Carolina Central University School of Law and a Ph.D. in Criminal Justice from Sam Houston State University. Professor Hemmens has published more than seventeen books and one hundred articles on a variety of criminal justice-related topics. His primary research interests are criminal law and procedure. He has served as the editor of the Journal of Criminal Justice Education. His publications have appeared in Justice Quarterly, the Journal of Criminal Justice, Crime and Delinquency, the Criminal Law Bulletin, and the Prison Journal. Valerie Bell is an assistant professor at Loras College in Dubuque, Iowa. She is currently completing her dissertation for completion of her doctorate degree in Criminal Justice at the University of Cincinnati. She received her Master of Arts in Criminal Justice Administration at Boise State University in 2004. Valerie worked as a graduate assistant for the Center for Criminal Justice Research at the University of Cincinnati. She co-authored the curriculum for training and implementation of the Women's Risk/Needs Assessment created by the University of Cincinnati and the National Institute of Corrections. She has also been involved in the training of actors in the correctional systems in the States of Rhode Island and California. Her research interests include women in corrections, risk assessment, and Supreme Court law. David Brody is an associate professor and the Academic Director of the Criminal Justice Program at Washington State University, Spokane. He received a J.D. from the University of Arizona College of Law and a Ph.D. in Criminal Justice from the State University of New York at Albany. He is the author of casebooks on criminal law and criminal procedure, and over twenty other scholarly works that have been published in such journals as the American Criminal Law Review, Denver University Law Review, Hastings Women's Law Journal, Justice System Journal, and Judicature. His research focuses on judicial selection and performance evaluation, jury reform, the effect of social capital on the criminal justice system, and the interaction between law and criminal justice policy. Sue Carter Collins is an associate professor in the Department of Criminal Justice at Georgia State University. Dr. Collins has more than two decades of professional experience in law enforcement and criminal justice. She is a former correctional officer, deputy sheriff, and felony investigator. She also served as an assistant public defender, assistant state attorney, and senior police legal advisor for a large metropolitan police agency. She received her J.D. from the Florida State University College of Law, where she served on the FSU Law Review. She received her Ph.D. in Criminology and Criminal Justice from Florida State University. Her research interests include legal issues in criminal justice with specific emphasis on sexual harassment, law enforcement, and criminal justice policy. Claire Nolasco is a Doctoral Teaching Fellow in the College of Criminal Justice, Sam Houston State University, where she teaches Criminal Law and Global Organized Crime. She obtained her J.D. from the University of the Philippines College of Law, where she was a member of the Order of the Purple Feather, the law school's honor society. She is authorized to practice law in California and the Philippines. She has extensive corporate and litigation experience. Jeffery T. Walker is a Professor in the Department of Criminal Justice at the University of Arkansas, Little Rock. Dr. Walker also holds a joint appointment with the University of Arkansas Medical School. Dr. Walker has written 6 books, over 50 journal articles and book chapters, 17 technical reports, and delivered over 80 professional papers and presentations. He has obtained over $9 million in grants from the Department of Justice, National Institute of Drug Abuse, and others. He is a past President of the Academy of Criminal Justice Sciences. Editorial experience includes service as Editor of the Journal of Criminal Justice Education, Editor-in-Chief of Journal of Critical Criminology, and Editor of Crime Patterns and Analysis. Previous publications include articles in Justice Quarterly, Journal of Quantitative Criminology, and Journal of Criminal Justice Education, and the books Leading Cases in Law Enforcement (7th Edition), Statistics in Criminal Justice and Criminology: Analysis and Interpretation (3nd Edition) and Myths in Crime and Justice. Marvin Zalman is a Professor in the Department of Criminal Justice at Wayne State University in Detroit, where he teaches classes on constitutional criminal procedure, criminal justice policy, the judicial process, and wrongful convictions. His text/casebook, Criminal Procedure: Constitution & Society (Prentice-Hall, 2010), is in its sixth edition. He has written numerous criminal procedure articles on such subjects as confessions law under Miranda, Justice Sandra Day O'Connor's Fourth Amendment decisions, fleeing from the police and stop & frisk, the selection of jurors during voir dire, and trial venue. He has written entries for the CQ Encyclopedia of the Fourth Amendment. His sole and co-authored articles on a number of policy issues include studies of assisted suicide, sentencing, the police reaction to the Miranda rules, and the relationship of criminal procedure and civil liberties. His most recent work has been on wrongful convictions, including a survey of criminal justice system officers regarding the frequency of miscarriages of justice.
1 Section 1. Reasonable Expectation of Privacy and Probable Cause 2 Section 2. Exclusionary Rule 3 Section 3. Stop and Frisk 4 Section 4. Arrest 5 Section 5. Searches of Things 6 Section 6. Motor Vehicles 7 Section 7. Interrogation and Lineups 8 Section 8. Liability 9 The Next Twenty Most Important Cases 10 Timeline of the Top Cases
