• Criminal Procedure: Constitutional Constraints Upon Investigation and Proof, Seventh Edition (2012)
 
 
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Criminal Procedure: Constitutional Constraints Upon Investigation and Proof, Seventh Edition (2012)

Criminal Procedure: Constitutional Constraints Upon Investigation and Proof, Seventh Edition (2012)

James J. Tomkovicz, Edward F. Howrey Professor of Law, University of Iowa College of Law; The late Welsh S. White


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    Criminal Procedure: Constitutional Constraints Upon Investigation and Proof is designed for use in an introductory Criminal Procedure course that focuses entirely on issues raised by pretrial law enforcement investigatory practices. This pragmatic and flexible casebook covers searches and seizures, entrapment, confessions, identification procedures, and the exclusionary rules. The new Seventh Edition follows the same basic organizational structure and subject matter coverage as the prior edition (2008). The textual material at the beginning of each chapter and between main opinions is limited. And, a considerable number of problems, based on actual federal and state cases, are incorporated throughout the book. The problems both inform students of the sorts of issues currently being contested in the courts and provide them with opportunities to test their knowledge of the doctrines and principles by applying them to concrete situations. Finally, because some of the problems are cumulative, including issues covered in previous sections, they provide exercises for developing exam-taking skills. The cases presented in Criminal Procedure: Constitutional Constraints Upon Investigation and Proof are limited to those decided by the United States Supreme Court. The core objective has been to present a sufficient number of cases to enable students to gain an appreciation of the richness and complexity of the issues pertaining to each topic. Accordingly, some topics are the subject of several decisions that explore a variety of related issues. As with prior editions, however, there has been no attempt to cover every significant question or to present every Supreme Court decision relating to the topics addressed. The Seventh Edition includes edited versions of the Supreme Court's opinions in four cases decided since the last edition was published in 2008. It also includes substantial notes that capture the essence of other significant rulings in the past several years. In addition, a significant number of new problems, based on actual lower court opinions, have been incorporated throughout the book. Instructors will find intriguing new fact situations that raise novel, cutting-edge constitutional issues.


    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.


    This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

     

    James J. Tomkovicz


    James J. Tomkovicz is the Edward Howrey Professor at The University of Iowa College of Law, where he has taught since 1981. His courses have included Criminal Law, Criminal Procedure: Investigation, Criminal Procedure: Adjudication, and Evidence. He has served as a visiting professor at The University of Michigan Law School, the UCLA School of Law, and the University of San Diego School of Law, and was a faculty member in the London Law Consortium in 2002.

    Prof. Tomkovicz was previously an attorney with the Appellate Section of the Lands Division of the Department of Justice in Washington, D.C. He also served as a law clerk to Hon. Edward J. Schwartz, Chief Judge of the U.S. District Court for the Southern District of California, and to Hon. John M. Ferren, Associate Judge of the District of Columbia Court of Appeals. He has authored and coauthored numerous books, casebooks, treatises, and articles on and related to criminal law and procedure, and has written amicus curiae briefs for the American Civil Liberties Union and the National Association of Criminal Defense Lawyers in Knowles v. Iowa, Florida v. J.L., Kyllo v. United States, United States v. Patane, Maryland v. Blake, and Arizona v. Gant. He is a member of the California and Unites States Supreme Court bars.

    B.A., University of Southern California, 1973
    J.D., University of California, Los Angeles, 1976

    Welsh S. White


    Welsh S. White (1940-2005) taught at the University of Pittsburgh and was a prolific scholar on criminal law and procedure. He was particularly known for his work on criminal procedure, confessions, and the rights of criminal defendants, particularly in capital cases. He authored numerous books, treatises, journal and law review articles, and amicus curiae briefs and litigated several high-profile capital cases. He held an undergraduate degree from Harvard and attended law school at Penn. After law school he practiced at White and Williams and as an Assistant District Attorney in Philadelphia before joining the faculty at Pitt in 1968.

     

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