Criminal Law and Procedure, Cases and Materials

The thirteenth edition continues the book's commitment to offering the most comprehensive, rigorous, and flexible materials on the American criminal process. With respect to the substantive criminal law, the new edition includes:

• Full case treatment of Johnson v. United States , illustrating the Supreme Court's current approach to the void-for-vagueness doctrine, and giving the clearest expression yet of the doctrine's constitutional foundations;
• Full case treatment of Elonis v. United States , 575 U.S. ___ (2015), illuminating the Supreme Court's current approach to imputing mental states when statutes are silent or unclear;
• Full case treatment of Rosemond v. United States , 572 U.S. ___ (2014) , illuminating the Supreme Court's current approach to the mens rea for complicity liability;
• Full case treatment of Hurst v. Florida , 136 S.Ct. 616 (2016), holding the Florida system of advisory jury verdicts in capital cases violates the Sixth Amendment;
• The substantive provisions of the American Law Institute's Project on Sexual and Related Offenses, Tentative Draft No. 2 (April 15, 2016), proposing, inter alia , a manifested ""willingness"" definition of consent and recognition of a felony offense for sexual penetration by an actor who knows, or consciously disregards a substantial risk, that the victim has not consented;
• Full case treatment of State v. J.W., Jr. , 181 Wa.2d 757 (2014), holding the Washington practice of putting the burden of proof on the consent issue in rape cases on the defense violates due process;
• Extensive extracts from the Justice Department's memorandum explaining the decision not to bring federal civil rights charges against Officer Darren Wilson in the case involving the death of Michael Brown in Ferguson, Mo.

With respect to criminal procedure, the new edition includes:

• Full case treatment of Riley v. California , 573 U.S. ___ (2014), summarizing search-incident-to-arrest doctrine and excluding cell phones from warrantless search incident to arrest,
• A thoroughly revised section on constitutional remedies in police practices cases,
  • Illustrating the exceptions to the exclusionary rule with United States v. Rose , 613 Fed. Appx. 125 (3d Cir. 2015), a case giving a good illustration of the standing doctrine; and
  • Utah v. Strieff , 2016 WL 3369419 (U.S. 2016), a case illustrating the Court's antipathy toward the exclusionary rule and analyzing the causation-based exceptions such as attenuation, inevitable discovery, and independent source; and
  • The text of 42 U.S.C. 14141 and extensive excerpts from the consent decree regarding the New Orleans Police Department, entered between the Justice Department and the City of New Orleans in 2012.