Questions And Answers

Author: Neil P. Cohen
Publisher:
ISBN: 9781632849540
Size: 71.58 MB
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This book and its companion, Q&A: Criminal Procedure ¿ Police Investigation, will assist learning and exam preparation in criminal procedure courses and for the bar exam. This volume covers discretion to prosecute, bail, complaint, initial appearance, preliminary hearing, grand jury, plea bargaining, joinder and severance, motion practice, discovery, time limitations, jurisdiction and venue, trial, double jeopardy, and postconviction remedies.

Criminal Procedure Law

Author: Simeneh Kiros Assefa
Publisher: Xlibris Corporation
ISBN: 9781450003391
Size: 66.30 MB
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The divergence of the law and the practice has never been as visible in other areas of law as it is in the area of Criminal Procedure. Hence, the title Criminal Procedure: Principles, Rules and Practices. In the first part, the book gives a succinct summary of the ideal procedure should the law be strictly complied with and the (political and economic) challenges in the administration of the criminal justice. For the main part, reproducing the relevant provisions of the law the book discuses the principles and the law on Criminal Procedure comprehensively. Court decisions are reproduced and discussed in order to show the practice and trends in the interpretation and application of the law. The only binding decisions in our legal system are decisions of the House of Federation on matters of constitutional interpretation and the Federal Supreme Court Cassation Division decisions by at least five judges, of which there are very few to refer to. The book approaches Criminal Procedure as a process; thus, it chronologically discusses the steps from crime reporting to the police to prosecution, trial and post judgment remedies. The comments on the law are intertwined with the discussion on the application of the law by the police, the prosecution office and the courts.

Investigative Criminal Procedure

Author: Jens David Ohlin
Publisher: Aspen Publishers
ISBN: 1454893834
Size: 61.58 MB
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Investigative Criminal Procedure: Doctrine, Application, and Practice by Jens David Ohlin is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches by today’s leading criminal procedure professors. Professors and students will benefit from: A mixture of classic and new Supreme Court cases on criminal procedure Call-out boxes that outline statutory requirements Call-out boxes that focus on more demanding state law rules Problem cases that require students to apply the law to new facts A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them Notes and questions, inviting closer examination of doctrine and generate class discussion Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles) Logical organization and manageable length Open, two-color design with appealing visual elements (including carefully-selected photographs)

Criminal Law And Procedure For The Paralegal

Author: Edward C. Carter
Publisher: Wolters Kluwer Law & Business
ISBN: 1543815200
Size: 55.32 MB
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Using actual examples from practice, Criminal Law and Procedure for the Paralegal, Third Edition, teaches students about the real-world experience of the paralegal, with coverage of local, state, and federal criminal cases. Working with the various types of cases presented in this book familiarizes students with the role of the paralegal in the process of investigation, prosecution, and defense, in criminal cases. Edward Carter’s successful building-block approach explains the basic elements of all criminal offenses and how those elements are used to define crimes. New to the Third Edition: Updated throughout, with deeper examination of certain subjects and new material reflecting the evolution of certain areas of the law in response to technology. New case cites throughout, with discussion of Carpenter v. United States, Madison v. Alabama, and Timbs v. Indiana decisions. Expanded discussion of universal jurisdiction in Chapter 6. New section on searches of electronically stored information In Chapter 16. Examines the two different views courts have developed about how the rules relating to overbreadth and particularity should be applied to searches of electronically stored information, discusses the Stored Communications Act of 1986 and the 2018 amendment to the Act relating to search warrants for stored communications of “U.S. persons,” and contains a discussion of the application of the plain view rule to searches of electronically stored information. Expanded discussion of the cruel and unusual punishment clause of the Eighth Amendment in Chapter 21 now covers when that clause prohibits the execution of a person who becomes incompetent after being sentenced to death, along with consideration of the application of the excessive fines clause to civil forfeitures. Professors and students will benefit from: A sensible, four-part organization: Introduction to the criminal justice system Distinction between criminal law and criminal procedure Criminal law Criminal procedure Clear explanations of the basic elements of all criminal offenses, including an accessible, systematic approach to analyzing the legal nature of any criminal offense. Edited cases that illustrate key concepts. Eye on Ethics and Historical Perspective sidebars. Helpful pedagogy, including chapter objectives, definitions in the margins, and review questions. An integrated treatment of white-collar crime. Broad coverage of a wide range of criminal investigations, from police investigations to administrative and grand jury investigations.

Criminal Law And Procedure For The Paralegal

Author: Edward C. Carter III
Publisher: Wolters Kluwer Law & Business
ISBN: 1454878614
Size: 64.88 MB
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Criminal Law and Procedure for the Paralegal, Second Edition, offers assignments that mirror the work of the paralegal and cover local, state, and federal criminal cases. Students can gain practice and confidence doing the kind of work that a defense attorney, prosecutor, or law enforcement agency expects from a paralegal. Working with the various types of cases presented in this book familiarizes students with the role of the paralegal in the process of investigation, prosecution, and defense in criminal cases. The second edition has been updated to include more than three dozen new legal decisions, new coverage of legislative jurisdiction and Fifth Amendment due process clause, and the addition of six new cases including United States v. Vilar and Hurst v. Florida. Key Features: Updates include more than three dozen new legal decisions. Updated and expanded Chapters 6 and 7 with new coverage of legislative jurisdiction and Fifth Amendment due process clause. Six new cases including United States v. Vilar and Hurst v. Florida ¦ A sensible, four-part organization: Introduction to the criminal justice system The distinction between criminal law and criminal procedure Criminal law Criminal procedure ¦ Realistic assignments, in which students draft indictments, memos, grand jury subpoenas, and jury instructions using hypothetical memos, investigative reports, and interviews as source material ¦ Clear explanations of the basic elements of all criminal offenses ¦ An accessible system of analyzing the legal nature of any criminal offense ¦ An integrated treatment of white-collar crime ¦ Broad coverage of a wide range of criminal investigations, from police investigations to administrative and grand jury investigation

Understanding Criminal Procedure Volume One Investigation

Author: Joshua Dressler
Publisher: LexisNexis
ISBN: 032718423X
Size: 53.97 MB
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Understanding Criminal Procedure is primarily designed for law students and is organized and written so that both students and professors can use it with confidence to better prepare for courses and improve classroom dialogue. Already cited extensively in scholarly literature and judicial opinions, scholars, practicing lawyers and courts will also find the expanded content of this newest edition indispensable. Inside you'll find extensive coverage of the most important United States Supreme Court cases and discussion of the Federal Rules of Criminal Procedure, federal statutes, and lower federal and state court cases. Overarching policy issues are considered extensively, and some of the hottest debates in the field are considered with high-quality and objective analysis. The user-friendly organization of the text helps you develop a comprehensive understanding of broad topics, or refine your focus with intuitive subsections that help you find answers to pressing questions more efficiently. Citations to important scholarship, both classic and recent, help you to expand and refine your research on specific topics with ease, and footnotes include cross-references within the text to help you easily move to different chapters and subsections to understand how topics are inter-related. This first volume, Investigation, is intended for use in introductory criminal procedure courses focusing primarily or exclusively on police investigative process and constitutional concerns. A chapter on the defendant's right to counsel at trial and appeal and other non-police-practice issues is included in both volumes to allow greater flexibility based on the design of particular courses. The second volume, Adjudication covers the criminal process after the police investigation ends and the adjudicative process commences. It is most useful in more advanced criminal procedure courses that follow the criminal process through the various stages of adjudication, commencing with pretrial issues and explaining the process through charging, pretrial release and discovery, the trial, and post-conviction proceedings including sentencing and appeals.

Criminal Procedure And The Supreme Court

Author: Rolando V. del Carmen
Publisher: Rowman & Littlefield Publishers
ISBN: 9781442201583
Size: 16.16 MB
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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.

Criminal Procedure

Author: Erwin Chemerinsky
Publisher: Wolters Kluwer Law & Business
ISBN: 1454828463
Size: 29.70 MB
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Written in the student-friendly style that characterizes Chemerinsky's Constitutional Law casebook, Criminal Procedure: Adjudication features cases, minor cases, and author-written essays while omitting both notes in the form of rhetorical questions and excerpts from law review articles. The chronological organization moves through the criminal justice process, from investigation to habeas corpus. Dynamic text guides students through understanding the law with tightly edited cases, samples of legal pleadings arguing the issues, and perspectives from prosecutors, defense, counsel, judges, police, and victims alike. Each chapter has a consistent, systematic approach, beginning with an introduction laying out the nature of the issue, followed by a discussion on the history and development of the law. Then, examples of recent and seminal cases reveal how key criminal procedure issues have been raised, and an analytic approach toward resolving each issue shows what worked and why. The Second Edition has been thoroughly updated and provides analysis of the impact of important recent decisions, such as Arizona v. Gant, Herring v. U.S., Berghuis v. Thompkins, Maryland v. Shatzer, Montejo v. Louisiana, and Perry v. New Hampshire. In addition, the Second Edition examines new decisions affecting right to counsel. New supplemental handouts and practice materials are available on the companion website. Features: Written in the approachable style of Chemerinsky's Constitutional Law casebook features cases and minor cases offers author-written essays omits both notes in the form of rhetorical questions and excerpts from law review articles Organized chronologically through the adjudication process Dynamic text guides students through understanding the law tightly edited cases samples of legal pleadings arguing the issues perspectives from prosecutors, defense, counsel, judges, police, and victims Consistent systematic approach to topics in each chapter an introduction laying out the nature of the issue discussion of the history and development of the law examples of recent and seminal cases that raise key criminal procedure issues analytic approach toward resolving a specific legal issue--what worked and why questions--and answers--to provoke class discussion Thoroughly updated, the revised Second Edition presents: Analysis of the impact of recent decisions Missouri v. Frye Lafler v. Cooper Skilling v. United States Michigan v. Bryant Bullcoming v. New Mexico Williams v. Illinois Graham v. Florida Miller v. Alabama Examination of new decisions' effects right to fair trial habeas corpus law

Forensic Science A Very Short Introduction

Author: Jim Fraser
Publisher: Oxford University Press
ISBN: 0199558051
Size: 74.47 MB
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Forensic science is a subject of wide fascination. What happens at a crime scene? How does DNA profiling work? How can it help solve crimes that happened 20 years ago? In forensic science, a criminal case can often hinge on a piece of evidence such as a hair, a blood trace, half a footprint, or a tyre mark. High profile cases such as the Stephen Lawrence enquiry and the Madeleine McCann case have attracted enormous media attention and enhanced this interest in recent years. However, the public understanding of forensic science is poor, and largely based on TV shows such as CSI: Crime Scene Investigation, which exploit high-tech imagery for dramatic effect. Forensic science is a complex activity at the interface of science and law. However, it also deals with real life issues and its results are interpreted within unique situations. Complex scientific findings must be considered carefully, dispassionately, and communicated with clarity, simplicity, and precision. In this Very Short Introduction, Jim Fraser introduces the concept of forensic science and explains how it is used in the investigation of crime. He begins at the crime scene itself, explaining the principles and processes of crime scene management. He explores how forensic scientists work; from the reconstruction of events to laboratory examinations. He considers the techniques they use, such as fingerprinting, and goes on to highlight the immense impact DNA profiling has had. Providing examples from forensic science cases in the UK, US, and other countries, he considers the techniques and challenges faced around the world. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.