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Criminal Procedure

Criminal Procedure

Fourth Edition
  • Matthew Lippman - University of Illinois at Chicago, USA, John Marshall Law School in Chicago
Experience with SAGE edge

January 2019 | 704 pages | SAGE Publications, Inc

This contemporary, comprehensive, case-driven book 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, Fourth 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 Fourth Edition includes today’s most recent legal developments and decisions.

Features and Benefits
  • A chapter-opening vignette drawn from a case in the chapter gets students immediately involved in the content that follows.
  • Test Your Knowledge questions at the beginning of each chapter help students activate prior knowledge read with purpose for topics they don't yet know.
  • Edited cases introduced by clear and accessible descriptions provide students with concrete examples and illustrations and expose them to the actual documents that have shaped the American criminal justice system. Additional edited cases are available on the student study website.
  • Legal Equations offer visual overviews of the laws and concepts discussed in the text.
  • Questions after each case reinforce learning and help students uncover the key points.  
  • Criminal Procedure in the News excerpts expose students to contemporary developments in the law through current events.
  • Chapter Summaries and Chapter Review Questions help students prepare for exams.
  • A chapter-ending Legal Terminology section with corresponding Glossary helps students master the vocabulary of the criminal justice system.
New to this Edition
  • A number of significant, new U.S. Supreme Court decisions are now cases discussed in the book, such as United States v. Carpenter, which raised important questions around police use of new technology. Other new cases address important issues including privacy, racial discrimination, and effective assistance of counsel, search and seizure, juries, plea  bargaining, the exclusionary rule, pretrial motions, and habeas corpus.
  • Features. The content includes a new Test Your Knowledge feature and a number of new You Decide and Criminal Procedure in the News features that explore crucial topics such as police use of deadly force, the second amendment and gun control, a defendant’s right to a bail, racial bias in jury deliberations, searches of electronic devices, and much more.
  • Topics. Several new topics have been added or expanded to reflect their growing impact on criminal procedure. These topics include technology and the home, police use of cell-site location information and body cameras, patterns and trends of Terry stops in major cities across the US, individuals being arrested for “Walking While Black,” racial bias in the judiciary, and the impact of the policies of the Trump administration on the use of drones, the detention of undocumented immigrants, and the continued operation of the detention facilities at Guantanamo.
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  
Judicial Philosophy  
Law in Action and Law on the Books  
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  
3. Searches and Seizures
The Historical Background of the Fourth Amendment  
Informants and Electronic Eavesdropping  
Plain View  
Expectation of Privacy  
Open Fields and Curtilage  
Curtilage and Aerial Surveillance  
Public Places and Private Businesses  
Abandoned Property  
Technology and the Home  
Technology and Cell-Site Location Information  
Seizures of Persons  
4. Stop and Frisk
Reasonable Suspicion  
Informants and Hearsay  
Drug Courier Profiles  
Race and Reasonable Suspicion  
The Scope and Duration of a Terry Stop  
5. Probable Cause and 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  
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  
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  
8. Interrogations and Confessions
Due Process  
The McNabb–Mallory Rule  
Escobedo v. Illinois  
The Right Against Self-Incrimination  
Custodial Interrogation  
The Public Safety Exception  
The Miranda Warnings  
Invoking the Miranda Rights  
Waiver: Question First and Warn Later  
Waiver Following Invocation of the Miranda Rights  
Sixth Amendment Right to Counsel: Police Interrogations  
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  
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?  
11. Civil and Criminal Remedies for Constitutional Violations
Civil Remedies  
Section 1983 Legal Actions Against Local and State Law Enforcement Officers 399 Color of State Law  
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  
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  
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  
13. The Courtroom: The Pretrial and Trial Process
Preliminary Hearing  
Grand Jury  
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  
Compulsory Process  
Burden of Proof  
Reasonable Doubt  
Closing Arguments  
Jury Instructions  
Jury Deliberations  
Jury Unanimity  
Jury Nullification  
Guilty Pleas  
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  
15. Counterterrorism
Electronic Surveillance  
Sneak-and-Peek Searches  
Information and Records  
Detention of Noncitizens  
Material Witness Warrants  
Monitoring of Attorney–Client Communications  
Watch List  
State Secrets Doctrine  
Military Commissions and Combatant Status Review Tribunals  


Instructor Resource Site
SAGE edge for Instructors supports teaching by making it easy to integrate quality content and create a rich learning environment for students.
  • Examview® test banks allow you to save time and offer a pedagogically robust way to measure your students' understanding of textbook material. Available for both PC and Mac and compatible with most learning management systems, ExamView features a diverse range of textbook-specific test items and options, allowing you to customize exams to your specifics needs as well as create a print or online exam in just minutes!
  • Microsoft® Word® test bank provide a diverse range of pre-written options as well as the opportunity to edit any question and/or insert personalized questions to effectively assess students’ progress and understanding
  • Sample course syllabi for semester and quarter courses provide suggested models for use when creating the syllabus for your course
  • Editable, chapter-specific PowerPoint® slides offer complete flexibility for creating a multimedia presentation for the course
  • EXCLUSIVE! Access to full-text SAGE journal articles have been carefully selected to support and expand on the concepts presented in each chapter to encourage students to think critically
  • Video and audio links includes original SAGE videos that appeal to students with different learning styles
  • Lecture notes summarize key concepts by chapter to ease preparation for lectures and class discussions
  • Answers to “You Decide” boxes and cases within the text
  • Additional "You Decide" cases to assign or use in-class
  • Criminal Procedure in the News Links
  • Additional edited cases
  • Leading cases is a list and summary of important cases in each chapter
  • Tables and figures from the printed book are available in an easily-downloadable format for use in papers, hand-outs, and presentations
  • Web resources are included for further research and insights
  • Appendix on reading and briefing cases
  • Bibliography for each chapter
Student Study Site
SAGE edge for Students provides a personalized approach to help students accomplish their coursework goals in an easy-to-use learning environment.
  • Mobile-friendly eFlashcards strengthen understanding of key terms and concepts
  • Mobile-friendly practice quizzes allow for independent assessment by students of their mastery of course material
  • Learning objectives reinforce the most important material
  • EXCLUSIVE! Access to full-text SAGE journal articles that have been carefully selected to support and expand on the concepts presented in each chapter
  • Video and audio links includes original SAGE videos that appeal to students with different learning style
  • Answers to the "You Decide" boxes in the text to review the suggested best-case scenarios to these vignettes
  • Criminal Procedure in the News Links
  • Additional edited cases
  • Leading cases is a list and summary of important cases in each chapter
  • Web resources are included for further research and insights
  • Appendix on reading and briefing cases
  • Bibliography for each chapter

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ISBN: 9781544334752