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Criminal Procedure in Practice

Criminal Procedure in Practice

The book interprets constitutional principles and case law, and provides commentary that applies to both the prosecution and defense in federal, state, or military courts.


Availability: In Stock
Publisher :NITA
Format: BOOK

ISBN: 9781601560605

2009
 
$45.00
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    Now in its Third Edition, Criminal Procedure in Practice provides practical guidance for attorneys during each stage of a criminal case -- from the police investigation immediately following the crime to issues involving the double jeopardy clause. Authors Jack Zimmermann and Paul Marcus interpret constitutional principles and case law, and provide commentary that applies to both the prosecution and defense in federal, state, or military courts.

    Practitioners of military law especially will appreciate the helpful references and explanations specific to this area of law. This latest edition includes a discussion of clemency and parole in the military justice system. The newly revised examination of Confrontation Clause issues reflects the Supreme Court's decision in Crawford v. Washington (and the cases that follow, including Giles v. California), which marked a significant change in the interpretation of that clause. In addition, the updated analysis of relevant case law includes recent important Supreme Court cases impacting the death penalty in non-homicide cases, the constitutionality of lethal injection, the application of the Federal Sentencing Guidelines, and much more. Click here to download the 2010 Supplement

    Contents

    Chapter 1. An Overview of the Criminal Justice Process in the United States

    1.1 The Pretrial Process
    1.2 The Trial
    1.3 Posttrial
    1.4 The Role of the U.S. Supreme Court: The Incorporation Doctrine
    1.5 State Constitutional Law

    Chapter 2 The Exclusion of Evidence: Its Reach, Its Limits

    2.1 The Exclusionary Rule
    2.2 Standing
    2.3 Fruit of the Poisonous Tree
    2.4 Enforcement of the Exclusionary Rule: Motion to Suppress
    2.5 Waiver and Consent
    2.6 Harmless Error

    Chapter 3 The Fourth Amendment Search and Seizure Provision

    3.1 Arrests: Definition and Application
    3.2 Probable Cause Requirement
    3.3 Probable Cause Standard
    3.4 The Arrest Warrant Requirement
    3.5 Exigent Circumstances
    3.6 Other "Private Areas" for Which a Warrant Is Required
    3.7 Seizure: The Actual Exertion of Control
    3.8 Searches
    3.9 Challenging the Probable Cause Determination in a Warrant
    3.10 The Particular Description in the Warrant
    3.11 "Neutral and Detached Magistrate"
    3.12 Execution of the Warrant
    3.13 Search and Detention During the Execution of a Warrant
    3.14 Military Law Variations
    3.15 Exceptions to the Warrant Mandate
    3.16 Search Incident to Arrest
    3.17 Automobiles: The Basic Doctrine
    3.18 Plain View
    3.19 Stop and Frisk
    3.20 Consent
    3.21 Public School Searches
    3.22 Administrative Searches
    3.23 Items Held Out to the Public
    3.24 Electronic Surveillance: The Basic Doctrine
    3.25 Due Process Violations: A Limited Principle

    Chapter 4 Incriminating Statements

    4.1 The Privilege Against Self-Incrimination
    4.2 The Basis for the Privilege
    4.3 Asserting the Privilege
    4.4 Due Process Approach to Reviewing Confessions
    4.5 Application of the Right to Counsel: Pretrial Statements
    4.6 Miranda v. Arizona
    4.7 The Right Against Self-Incrimination in the Military Setting

    Chapter 5 Other Limitations on the Investigation Process: Entrapment, Due Process

    5.1 Introduction
    5.2 Entrapment
    5.3 The Objective Test
    5.4 Due Process

    Chapter 6 The Right to Counsel

    6.1 Constitutional Basis: The Sixth Amendment
    6.2 Gideon v. Wainwright: The Holding
    6.3 The Practice Issues
    6.4 Contrasting Scope of the Fifth and Sixth Amendments

    Chapter 7 Identification

    7.1 The Fifth Amendment
    7.2 The Sixth Amendment Right to Counsel and Confrontation
    7.3 Due Process
    7.4 Expert Testimony
    7.5 Identification as Fruit of an Illegal Search or Seizure

    Chapter 8 Pretrial Matters

    8.1 The Stages
    8.2 The Bail Hearing
    8.3 The Preliminary Examination
    8.4 The Indictment
    8.5 Information
    8.6 Charge Sheet
    8.7 Selective Prosecution
    8.8 Discovery
    8.9 Venue
    8.10 Guilty Pleas
    8.11 Right to a Speedy Trial
    8.12 Competency to Stand Trial

    Chapter 9 The Trial

    9.1 The Judge
    9.2 The Jury
    9.3 Multiple-Defendant Trials
    9.4 Public Trials
    9.5 Right to Confront Witnesses
    9.6 Presumption of Innocence

    Chapter 10 Sentencing

    10.1 Common Practices
    10.2 Procedures
    10.3 Eighth Amendment Limitations
    10.4 Capital Cases

    Chapter 11 Postconviction

    11.1 Appeal
    11.2 Collateral Procedures
    11.3 Habeas Corpus

    Chapter 12 Double Jeopardy

    12.1 The Constitutional Basis
    12.2 The Same Offense
    12.3 Procedures

    Index

     

    Paul Marcus


    Paul Marcus joined the faculty of the College of William and Mary Marshall-Wythe School of Law in 1992 and presently is the Haynes Professor of Law. He is very much admired by his students and fellow faculty members for his enthusiastic and infectious love of the law. Professor Marcus also is recognized for his expertise in the fields of criminal justice, copyright law, entertainment and sports law, comparative and foreign law, constitutional law (fourth, fifth, and sixth amendments), and law and literature. He is frequently interviewed by the media (Wall Street Journal, New York Times, Washington Post, Los Angeles Times, CBS, NPR, and ABC) as an expert in criminal law and procedure. Prior to coming to William and Mary, he served as dean of the University of Arizona School of Law, taught at the University of Illinois School of Law and was a visiting professor at the University of Geneva, University of Melbourne, University of Puerto Rico, University of San Diego and the University of Texas. Following his graduation from the UCLA School of Law in 1971, he clerked for the United States Court of Appeals and then practiced law in Los Angeles. Professor Marcus is the author of Criminal Procedure in Practice, The Entrapment Defense, The Prosecution and Defense of Criminal Conspiracy Cases, and articles in many scholarly law journals. He is the co-author of Criminal Law: Cases and Material, Criminal Procedure: Cases and Materials, and Copyright and Other Aspects of Law Pertaining to Literary, Musical and Artistic Works. Professor Marcus is founder of the Literature and the Law Program at the Central Virginia Regional Jail. He was named Distinguished Citizen of the Year, University of Arizona; Volunteer of the Year, Williamsburg Big Brothers Mentoring Program; and Williams Teacher of the Year. He also received the Sullivan Award given by the College of William and Mary for outstanding public service.

    Jack B. Zimmermann


    Jack B. Zimmermann is president of Zimmermann, Lavine, Zimmermann, & Sampson, P.C., Houston, Texas. He represents clients, many quite famous, at trial and on appeal in state, federal, and military courts, as well as before professional licensing boards. A graduate of the United States Naval Academy and the Krannert Graduate School of Management at Purdue University, Mr. Zimmermann received his law degree at the University of Texas School of Law. He served fourteen years on active duty in the Marine Corps, including combat duty in which he earned two Bronze Stars and the Purple Heart. He then served for sixteen years as an officer in the Marine Corp Reserve, serving as the commanding officer of an infantry battalion and as a felony court-martial judge. Mr. Zimmermann lectures on trial advocacy and serves as a motivational speaker across the country. He has been a guest on national TV programs, such as The Today Show, Good Morning America, CBS Early Show, Nightline, Larry King Live and Rivera Live. He was recognized every year from 2003 to 2009 by Law & Politics as a Super Lawyer, published in Super Lawyers Magazine. In 2006, Mr. Zimmermann was named Criminal Defense Attorney of the Year in the State of Texas. In 2007, the prestigious "Warhorse Award" was presented to him in recognition of his being a trial lawyer considered by his colleagues as one of the great personalities of our times in his legal community, a trial lawyer of the highest reputation for ethics and honesty, a trial lawyer recognized as one of America's great teachers of trial advocacy, a recognized leader of the trial bar, and a trial lawyer of great skill and confidence demonstrated over a period of at least thirty years.

     

 
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