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Criminal Procedure: Investigation and Right to Counsel, Fourth Edition is derived from the successful casebook Comprehensive Criminal Procedure. Like the parent book, it covers the Fourth, Fifth, and Sixth Amendments and related areas using a thematic approach and offers an appropriate balance of explanatory text and secondary material accompanied by well-written notes. In addition to an experienced author team and well-edited cases, the book covers relevant statutes and court rules. New to the Fourth Edition: Updates regarding cutting-edge developments in case law, statutory materials, and academic commentary about due process, the right to counsel, searches and seizures, and the privilege ...
This book presents a comprehensive theory of a culpability-based criminal law.
How are juries selected in the United States? What forces influence juries in making their decisions? Are some cases simply beyond the ability of juries to decide? How useful is the entire jury system? In this important and accessible book, a prominent expert on constitutional law examines these and other issues concerning the American jury system. Randolph N. Jonakait describes the historical and social pressures that have driven the development of the jury system; contrasts the American jury system to the legal process in other countries; reveals subtle changes in the popular view of juries; examines how the news media, movies, and books portray and even affect the system; and discusses the empirical data that show how juries actually operate and what influences their decisions. Jonakait endorses the jury system in both civil and criminal cases, spelling out the important social role juries play in legitimizing and affirming the American justice system.
Criminal Procedures: Prosecution and Adjudication, by Marc Miller, Ronald Wright, Jenia Turner, and Kay Levine, focuses on the interactions among multiple institutions in shaping the law of Criminal Procedure, bringing state courts, legislatures, prosecutor offices, and public defenders into the picture alongside the U.S. Supreme Court. In Criminal Procedures: Prosecution and Adjudication: Cases, Statutes, and Executive Materials, the highly respected author team presents a student-friendly, comprehensive survey of the laws and practices at work between the time a person is charged and the moment when the courts hear an appeal after the offender’s conviction and sentence. In the Sixth Edit...
American prosecutors are asked to play two roles within the criminal justice system: they are supposed to be ministers of justice whose only goals are to ensure fair trials—and they are also advocates of the government whose success rates are measured by how many convictions they get. Because of this second role, sometimes prosecutors suppress evidence in order to establish a defendant’s guilt and safeguard that conviction over time. In Prosecution Complex, Daniel S. Medwed shows how prosecutors are told to lock up criminals and protect the rights of defendants. This double role creates an institutional “prosecution complex” that animates how district attorneys’ offices treat potentially innocent defendants at all stages of the process—and that can cause prosecutors to aid in the conviction of the innocent. Ultimately, Prosecution Complex shows how, while most prosecutors aim to do justice, only some hit that target consistently.
The Fourth Edition is available for online and hybrid courses and is also customizable in inexpensive paperback forms with other materials instructors may wish to assign their students. The text and its companion website has been designed for use in online and hybrid courses as well as in conventional "bricks and mortar" classes. The text is also customizable in inexpensive paperback format, instructors may select only those chapters which they wish to assign.
This book explores why juries have declined in power and how the federal government and the states have taken the jury's authority.
Our criminal justice system favors defendants who know how to play the "5K game": criminals who are so savvy about the cooperation process that they repeatedly commit serious crimes knowing they can be sent back to the streets if they simply cooperate with prosecutors. In Snitch, investigative reporter Ethan Brown shows through a compelling series of case profiles how the sentencing guidelines for drug-related offenses, along with the 5K1.1 section, have unintentionally created a "cottage industry of cooperators," and led to fabricated evidence. The result is wrongful convictions and appallingly gruesome crimes, including the grisly murder of the Harvey family in Richmond, Virginia and the w...
Constitutional law is clearly shaped by judicial actors. But who else contributes? Scholars in the past have recognized that the legislative branch plays a significant role in determining structural issues, such as separation of powers and federalism, but stopped there--claiming that only courts had the independence and expertise to safeguard individual and minority rights. In this readable and engaging narrative, the authors identify the nuts and bolts of the national dialogue and relate succinct examples of how elected officials and the general public often dominate the Supreme Court in defining the Constitution's meaning. Making use of case studies on race, privacy, federalism, war powers, speech, and religion, Devins and Fisher demonstrate how elected officials uphold individual rights in such areas as religious liberty and free speech as well as, and often better than, the courts. This fascinating debunking of judicial supremacy argues that nonjudicial contributions to constitutional interpretation make the Constitution more stable, more consistent with constitutional principles, and more protective of individual and minority rights.