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Criminal Procedure

Criminal Procedure

Third Edition
Additional resources:

January 2016 | 656 pages | SAGE Publications, Inc

Master the key elements of 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.


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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  
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  
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  
CHAPTER 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  
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  
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: Question First and Warn Later  
Waiver Following Invocation of the Miranda Rights  
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?  
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  
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  
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  
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  
Military Commissions and Combat Status Review Tribunals  


Instructor Teaching 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
  • A customized online action plan includes tips and feedback on progress through the course and materials, which allows students to individualize their learning experience
  • 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

“I thoroughly enjoy reading this textbook, and I plan to use it in my course”

Scott Moller
Monterey Peninsula College

“Most all CJ professors in our department use this text, we like it very much. Lippman’s writing style, use of cases and chapter organization fit our needs well.”

Mark Perry
California State University, Stanislaus

“I would definitely like to adopt this text for a class at my college.  I think with my law enforcement background and my love for court case briefs, I could be very effective with this text.  I think the students would also learn a lot from the text because of its presentation and clear writing style.”

AnneMarie Garmon
Central Piedmont Community College

Great textbook, Best Police Proceedure Textbook on the market.

Professor Matthew Cosby
Arts/Social Sciences Div, Univ Of New Mexico-Los Alamos
June 27, 2018
Key features


  • 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 exercises ask 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.  


  • A chapter-opening vignette drawn from a case in the chapter gets students immediately involved in the content that follows.
  • Opening Learning Objectives at the beginning of each chapter help students read with purpose.
  • 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 summarize the laws discussed in the text.
  • Questions after each case reinforce learning.  
  • Criminal Procedure in the News excerpts expose students to contemporary developments in the law.
  • 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.

Sample Materials & Chapters

Chapter 8

Chapter 10

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