Criminal Procedure

This contemporary, comprehensive, case-driven textbook from award-winning teacher Matthew Lippman covers the constitutional foundation of criminal procedure and includes numerous cases selected for their appeal to today's students. Organized around the challenge of striking a balance between rights and liberties, Criminal Procedure, Third Edition emphasizes diversity and its impact on how laws are enforced. Built-in learning aids, including You Decide scenarios, Legal Equations , and Criminal Procedure in the News features, engage students and help them master key concepts. Fully updated throughout, the Third Edition includes today's most recent legal developments and decisions.

This edition is also accompanied by an Edge site: edge.sagepub.com/lippmancp3e

New to this edition:

• New discussions of the most recent Supreme Court cases explore areas such as search and seizure, exigent circumstances, consent searches, effective assistance of counsel, plea bargaining, sentencing, and habeas corpus.
• New Criminal Procedure in the News excerpts discuss contemporary issues and events, including stop and frisk, police discretion, and government online surveillance.
• New You Decide exercisesask students to assume the role of a judge and become part of the criminal procedure process. The student study website offers answers to these challenges.
• New Criminal Procedure on the Web exercises on the website give students practice in applying key concepts.

CHAPTER 1: An Introduction to Criminal Procedure Criminal Law and Criminal Procedure Balancing Security and Rights The Objectives of Criminal Procedure The Criminal Justice Process Sources of the Law of Criminal Procedure The Structure of the Federal and State Court Systems Precedent Judicial Philosophy Law in Action and Law on the Books CHAPTER 2: The Sources of Criminal Procedure The Sources of Criminal Procedure The U.S. Constitution The U.S. Supreme Court State Constitutions and Court Decisions Federal and State Statutes Rules of Criminal Procedure A Model Code of Pretrial Procedure The Development of Due Process The Fourteenth Amendment Fundamental Fairness Total Incorporation Selective Incorporation Equal Protection The Impact of Supreme Court Decisions Two Models of Criminal Procedure Why Criminal Procedure Matters CHAPTER 3: Searches and Seizures The Historical Background of the Fourth Amendment Searches Informants and Electronic Eavesdropping Plain View Expectation of Privacy Open Fields Curtilage and Aerial Surveillance Technology and the Home Public Places and Private Businesses Abandoned Property Seizures of Persons CHAPTER 4: Stop and Frisk Reasonable Suspicion Informants and Hearsay Drug Courier Profiles Race and Reasonable Suspicion The Scope and Duration of a Terry Stop Frisks CHAPTER 5: Probable Cause and Arrests Arrests Probable Cause Reasonableness and Arrests Probable Cause, Warrants, and the Courts Arrests and Warrants Arrests in the Home Exigent Circumstances Deadly Force and Arrests Nondeadly Force Misdemeanor Arrests and Citations CHAPTER 6: Searches and Seizures of Property Search Warrants Knock and Announce Warrantless Searches Searches Incident to an Arrest Searches Incident to an Arrest and the Contemporaneous Requirement Searches of the Area of Immediate Control and Automobiles Misdemeanors and Searches Incident to an Arrest Pretext Arrests and Searches Incident to an Arrest Consent Searches The Scope of a Consent Search Withdrawal of Consent Third Party Consent Probable Cause Searches of Motor Vehicles Probable Cause Searches of Containers in Automobiles Other Warrantless Searches Inventories CHAPTER 7: Inspections and Regulatory Searches Administrative Inspections Special-Needs Searches International Borders Motor Vehicle Checkpoints Airport Screening Workplace Drug Testing Searches in High Schools Probation and Parole Correctional Institutions CHAPTER 8: Interrogations and Confessions Due Process The McNabb-Mallory Rule Escobedo v. Illinois The Right Against Self-Incrimination Miranda v. Arizona Custodial Interrogation The Public Safety Exception The Miranda Warnings Invoking the Miranda Rights Waiver Waiver: Question First and Warn Later Waiver Following Invocation of the Miranda Rights Interrogation Sixth Amendment Right to Counsel: Police Interrogations CHAPTER 9: Eyewitness and Scientific Identifications Wrongful Convictions and Eyewitness Identification The Sixth Amendment and Eyewitness Identifications The Sixth Amendment and Prearraignment Identifications The Sixth Amendment and Photographic Displays The Due Process Test Suggestiveness, Reliability, and the Totality of the Circumstances The Requirement of Police Involvement Scientific Identification DNA Evidence Polygraph Evidence CHAPTER 10: The Exclusionary Rule and Entrapment The Exclusionary Rule Debating the Exclusionary Rule Invoking the Exclusionary Rule Exceptions to the Exclusionary Rule Does the Exclusionary Rule Deter Unreasonable Searches and Seizures? Entrapment CHAPTER 11: Civil and Criminal Remedies for Constitutional Violations Civil Remedies Section 1983 Legal Actions Against Local and State Law Enforcement Officers Violation of Federal Constitutional and Statutory Rights Individual Liability Under Section 1983 Absolute and Qualified Immunity The Affirmative Duty to Protect The Liability of Local Government Entities Under Section 1983 Injunctions Pattern or Practice of the Deprivation of Constitutional Rights State Tort Remedies Against Law Enforcement Officers Remedies for Constitutional Violations by Federal Law Enforcement Officers Criminal Prosecutions Administrative Remedies Internal Affairs External Review CHAPTER 12: The Initiation of the Legal Process, Bail, and the Right to Counsel The Prosecutorial Discretion to Charge Pretrial Release Pretrial Detention Indigency and the Right to Counsel Right to Counsel and Critical Stages of Prosecution The Meaning of "All Criminal Prosecutions" Determining Indigency The Right to Select an Appointed Counsel The Right to Effective Legal Representation The Right to Self-Representation CHAPTER 13: The Courtroom: The Pretrial and Trial Process Preliminary Hearing Grand Jury Arraignment Pretrial Motions Constitutional Right to a Jury Trial The Twelve-Member Jury Requirement Jury Selection Peremptory Challenges Challenges to Judges Public Trial The Trial Opening Statement Presentation of Evidence Confrontation Cross-Examination Hearsay Compulsory Process Burden of Proof Reasonable Doubt Closing Arguments Jury Instructions Jury Deliberations Jury Unanimity Jury Nullification Guilty Pleas CHAPTER 14: Sentencing and Appeals A Brief History of Sentencing in the United States Criminal Punishment Purposes of Punishment Types of Punishment Approaches to Sentencing The Judicial Sentencing Process Sentencing Guidelines Determinate Sentences Cruel and Unusual Punishment Methods of Punishment Capital Punishment The Eighth Amendment and Sentences for a Term of Years The Eighth Amendment and Life Imprisonment for Juveniles Equal Protection Criminal Appeals Habeas Corpus CHAPTER 15: Counterterrorism Electronic Surveillance Sneak-and-Peek Searches Detention of Noncitizens Material Witness Warrants Monitoring of Attorney-Client Communications Watch List State Secrets Doctrine Interrogations Military Commissions and Combat Status Review Tribunals