American Criminal Procedure: Cases and Commentary,9780314264442

American Criminal Procedure: Cases and Commentary

by ;
Edition: 6th
ISBN13: 9780314264442
ISBN10: 0314264442
Format: Paperback
Pub. Date: 2002-07-01
Publisher(s): West Group
List Price: $17.00

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Table of Contents

Table of Cases
vii
PART I. RECENT DEVELOPMENTS
Basic Principles
1(3)
A Criminal Case
1(1)
Two Special Aspects of Constitutional Law: The Incorporation Doctrine and Prospective Decisionmaking
2(2)
Retroactivity
2(1)
Current Supreme Court Approach to Retroactivity
2(2)
Searches And Seizures of Persons and Things
4(103)
Threshold Requirements for Fourth Amendment Protections: What Is A ``Search''? What Is A ``Seizure''?
4(15)
Applications of the Katz Principle
4(1)
Access by Members of the Public
4(1)
Manipulation of Bags in Public Transit
4(1)
Bond v. United States
4(5)
Investigation That Can Only Uncover Illegal Activity
9(1)
Thermal Detection Devices
9(1)
Kyllo v. United States
9(10)
To Apply or Not to Apply the Warrant Clause
19(86)
Arrests in Public and in the Home
19(1)
Arrest Versus Summons
19(1)
Stop and Frisk
20(1)
When Does the Seizure Occur: The Line Between ``Stop'' and ``Encounter''
20(1)
United States v. Drayton
20(8)
Grounds for a Stop: Reasonable Suspicion
28(1)
Source of Information
28(1)
Florida v. J.L.
28(5)
Quantum of Suspicion
33(1)
United States v. Arvizu
33(6)
Application of the Terry Reasonableness Analysis Outside the Stop and Frisk Context
39(1)
United States u. Knights
39(5)
Search Incident to Arrest: The Arrest Power Rule
44(1)
Searches of the Person Incident to Arrest
44(1)
Atwater v. City of Lago Vista
45(14)
Pretextual Stops and Arrests
59(1)
Exigent Circumstances
60(1)
Seizing Premises in the Absence of Exigent Circumstances
60(1)
Illinois v. McArthur
60(6)
Administrative Searches and Other Searches and Seizures Based on ``Special Needs''
66(1)
Searches and Seizures of Individuals Pursuant to ``Special Needs''
66(1)
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls
67(15)
Ferguson v. City of Charleston
82(12)
Roadblocks and Suspicionless Seizures
94(1)
City of Indianapolis v. Edmond
95(10)
Wiretapping, Undercover Activity, and the Outer Reaches of the Fourth Amendment
105(2)
Wiretapping and Eavesdropping Statutes
105(2)
Self--Incrimination and Confessions
107(56)
The Privilege Against Compelled Self--Incrimination
107(30)
What Is Compulsion?
107(1)
Other State--Imposed Sanctions
107(1)
McKune v. Lile
107(19)
What Is Protected?
126(1)
Documents
126(1)
United States v. Hubbell
127(8)
Procedural Aspects of Self--Incrimination Claims
135(1)
Determining the Risk of Incrimination
135(2)
Fifth Amendment Limitations on Confessions
137(26)
Did Congress Overrule Miranda?
137(1)
Dickerson v. United States
137(13)
The Consequences Of Holding that the Miranda Safeguards Are Not Required by the Constitution: Exceptions to the Miranda Rule of Exclusion
150(1)
Confessions and the Sixth Amendment Right to Counsel
150(1)
Waiver of Sixth Amendment Protections
150(1)
Texas v. Cobb
151(12)
The Right To Counsel
163(7)
A New and Sweeping Rightand Its Limits
163(7)
The Right to Appointed Counsel in Misdemeanor Cases
163(1)
Alabama v. Shelton
163(7)
The Screening and Charging Process
170(4)
The Grand Jury
170(1)
The Procedures of the Grand Jury
170(1)
The Problem of Constructive Amendment, Variance, and Adequate Notice
170(4)
United States v. Cotton
171(3)
Bail and Pretrial Detention
174(3)
Bail Reform and Preventive Detention
174(3)
The Constitutionality of Preventive Detention
174(3)
Discovery
177(2)
The Prosecutor's Constitutional Duty to Disclose
177(2)
Applying The Brady Rule
177(2)
Guilty Pleas and Plea Bargaining
179(7)
Voluntary and Intelligent Pleas and The Advantages of A Complete Record
179(1)
A Voluntary Plea
179(1)
United States v. Ruiz
179(5)
The Requirements for A Valid Guilty Plea
184(2)
Regulating Guilty Pleas Under Federal Rule 11
184(1)
Harmless Error and Plain Error
184(2)
Trial And Trial--Related Rights
186(95)
Constitutionally Based Proof Requirements
186(55)
The Scope of the Reasonable Doubt Requirement
186(1)
Appendix v. New Jersey
186(27)
Harris v. United States
213(16)
Ring v. Arizona
229(12)
Trial By Jury
241(2)
What the Jury Decides
241(1)
The Jury Verdict
242(1)
The Defendant's Right to Participate in the Trial
243(2)
The Right of the Defendant to be Present
243(2)
The Right to Effective Assistance of Counsel
245(36)
Ineffectiveness and Prejudice
245(1)
The Two--Pronged Test
245(1)
Roe v. Flores--Ortega
246(8)
Assessing Prejudice
254(2)
Per Se Ineffectiveness and Prejudice
256(1)
Bell v. Cone
256(12)
The Right to Conflict--Free Representation
268(1)
Active Conflict Impairing the Representation
268(1)
Mickens v. Taylor
268(13)
Sentencing
281(5)
Introduction
281(1)
Constitutional Limitations on Punishment
281(1)
Cruel and Unusual Punishment
281(1)
Sentencing Procedures
281(5)
Procedures for Determinate Sentencing Systems
281(3)
Parole and Probation Procedures
284(1)
The Relationship Between Supervised Release and Imprisonment
284(2)
Post--Conviction Challenges
286(75)
Grounds for Direct Attacks on A Conviction
286(2)
The Effect of Error on the Verdict
286(1)
Plain Error
286(2)
Collateral Attack
288(28)
The Federal Habeas Corpus Scheme: The Procedural Framework
288(1)
General Principles Concerning Habeas Relief After AEDPA
288(1)
Factual Findings and Mixed Questions of Law and Fact
289(4)
Limitations on Obtaining Habeas Relief
293(1)
Procedural Bars to Claims by State Defendants
293(1)
The Meaning of ``Cause''
293(1)
Adequate and Independent State Grounds
294(3)
Limitations on Obtaining a Hearing
297(19)
PART II. EXCERPTS FROM THE CONSTITUTION OF THE UNITED STATES [p. 301]
PART III. THE FEDERAL RULES OF CRIMINAL PROCEDURE
Scope, Purpose, and Construction
316(1)
Preliminary Proceedings
317(3)
Indictment and Information
320(6)
Arraignment and Preparation For Trial
326(14)
Venue
340(2)
Trial
342(5)
Judgment
347(9)
Appeal
356(1)
Supplementary and Special Proceedings
357(4)
General Provisions
361
PART IV. PROVISIONS OF THE USA PATRIOT ACT THAT AFFECT SUBJECT MATTER DISCUSSED IN THE CASEBOOK [p. 437]

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