Criminal Procedure Book

Contents Casebook Correlation Capsule Summary PART I: INTRODUCTION TO CRIMINAL PROCEDURE 1: The Study of Criminal Procedure Chapter Overview A. The Content of Criminal Procedure Courses B. Investigatory versus Adjudicatory Criminal Procedure C. Significance of the Study of Criminal Procedure D. Doctrinal Details and Larger Perspectives 2: The Processes of the Criminal Justice System Chapter Overview A. Arrest B. Initial Charge and Initial Appearance C. Preliminary Hearing D. Formal Charges in the Trial Court: Informations and Grand Jury Indictments E. Pretrial Proceedings F. The Trial Court: Arraignment and Trial G. Post-Trial Motions and Sentencing H. Appeals and Collateral Challenges 3: Foundational Concepts and Principles Chapter Overview A. Applicability of the Bills of Rights B. The Due Process Clause and State Criminal Justice Processes C. Independent State Constitutions and Laws D. The Federal Supervisory Power E. Burdens of Proof on Criminal Procedure Claims PART II: PROCESSES OF INVESTIGATION: RIGHTS AND REMEDIES 4: Fourth Amendment Regulation of Searches and Seizures Chapter Overview A. The Threshold: Definitions of Searches and Seizures B. Probable Cause to Search or Arrest C. The Warrant Requirement D. Issuance of Warrants E. Execution of Warrants F. Exceptions to the Search Warrant Rule G. Stops and Frisks: The Doctrine of Terry v. Ohio H. 'Protective Sweeps' of Homes: The Doctrine of Maryland v. Buie I. Detentions and Searches of Individuals Present During Searches of Premises J. School Searches K. Permanent and Temporary Checkpoints or Roadblocks L. Drug Testing M. Other Administrative Searches N. Elevated Standards of Fourth Amendment Reasonableness 5: Government Involvement in the Commission of Crimes Chapter Overview A. The Entrapment Defense B. The Due Process Defense 6: Due Process Clause Regulation of Confessions Chapter Overview A. The Common Law Rule B. Due Process Doctrine 7: The Privilege Against Compulsory Self-Incrimination and Confessions: The Doctrine of Miranda v. Arizona Chapter Overview A. Constitutional Foundations of the Miranda Doctrine B. Elements of the Miranda Doctrine 8: The Sixth Amendment Right to Counsel: A Foundation Chapter Overview A. The Right to Counsel at Trial B. Pretrial Extensions of the Right to Counsel 9: The Right to Counsel and Confessions Chapter Overview A. The Threshold Requirement: A Formal Initiation of Adversary Proceedings B. Nature of the Critical Stage Defined by Massiah: 'Deliberate Elicitation' by a Government Agent C. Waiver of the Right to Counsel D. Invocation of the Right to Counsel E. Differences Between the Miranda and Massiah Doctrines 10.The Right to Counsel and Identification Methods Chapter Overview A. The Threshold Requirement: An Initiation of Adversary Proceedings B. Nature of the Critical Stage: A 'Trial-Like Confrontation' for Purposes of Identification C. Waiver of the Right to Counsel D. Exclusion of Evidence Obtained in Violation of the Right to Counsel 11: Due Process and Identification Methods Chapter Overview A. The Concern of the Due Process Clause: 'Unnecessarily Suggestive' Identification Methods B. Due Process Clause Restrictions on the Admissibility of Identification Evidence 12: Exclusionary Rules Chapter Overview A. The Exclusionary Rules and Their Rationales B. Operation of the Exclusionary Rules: The Scope of Exclusion and Limitations on Exclusion PART III: PROCESSES OF ADJUDICATION: RIGHTS AND REMEDIES 13: Discovery and Disclosure Chapter Overview A. Sources and Content of the Laws That Govern Discovery in Criminal Cases B. The Government's Constitutional Duty to Disclose C.