American Criminal Procedure: Cases and Commentary |
Contents
TABLE OF CASES | xlviii |
2 | lix |
TABLE OF AUTHORITIES | lxvii |
Chapter One Basic Principles | 1 |
California 7 | 7 |
Chapter Two Searches and Seizures of Persons and Things | 31 |
Protection of Persons and Things | 32 |
The Amendment and the Exclusionary Rule | 34 |
Discovery on Behalf of the Defendant | 771 |
Alston State v 405 | 773 |
The Prosecutors Constitutional Duty to Disclose | 782 |
Brady and Guilty Pleas | 801 |
Discovery by the Prosecution | 804 |
Chapter Nine Guilty Pleas and Bargaining | 816 |
E Guilty Pleas Charging Decisions and the Federal Sentencing | 823 |
The Requirements for a Valid Guilty Plea | 829 |
B Interests Protected by the Fourth Amendment After Katz | 42 |
Questions About the Use of Thermal Detection Devices | 60 |
Recap on Limitations Wrought by Katz | 66 |
Constitutional Prerequisites | 73 |
Timing and Scope of Execution | 128 |
When Does a Seizure Occur? The Line Between Stop | 175 |
Oklahoma 676 677 1409 | 189 |
Example of Reasonable Suspicion Lacking | 197 |
Suspicion Required to Support the Right to Frisk | 204 |
d | 213 |
State 1359 | 217 |
Detention of Property Under Terry | 219 |
Application of Chimels CaseByCase Approach | 227 |
F Automobiles and Other Movable Objects | 259 |
Temporal Limitations | 278 |
Searches of Individuals Pursuant to Special Needs | 312 |
sion | 341 |
United States | 345 |
Third Party Consent | 355 |
Scope of Consent | 359 |
Government Investigative Activity Subsequent to Private | 365 |
States | 371 |
Remedies for Fourth Amendment Violations | 378 |
Note on Mapp | 387 |
Alpert United States v | 411 |
Good Faith | 436 |
The Good Faith Exception and Warrantless Searches | 454 |
Chapter Three SelfIncrimination and Confessions | 466 |
What Is Compulsion? | 475 |
To Whom Does the Privilege Belong? | 481 |
Documents | 491 |
Confessions and Due Process | 511 |
Fifth Amendment Limitations on Confessions | 527 |
B The Nonconstitutional Status of Miranda | 546 |
Redman | 559 |
fense? | 574 |
Waiver of Miranda Rights | 576 |
States | 590 |
sippi | 596 |
Use of Undercover Officers and State Agents | 611 |
Jackson | 618 |
Chapter Four Identifying Suspects | 623 |
The Judicial Response | 624 |
Limiting the Right to Counsel to PostCharge Lineups | 632 |
Chapter Five The Right to Counsel | 654 |
A New and Sweeping Right and Its LimitsContinued | 659 |
The Scope of the Right | 668 |
Chapter Six The Screening and Charging Process | 678 |
Screening by the Police | 681 |
The Prosecutorial Decision Whether to Charge | 683 |
The Decision Not to Prosecute | 686 |
The Grand Jury | 694 |
Role of the Prosecutor | 705 |
The Preliminary Hearing and Its Relationship to Indictments and Informations | 718 |
The Problem of Constructive Amendment Variance and Adequate Notice | 722 |
Chapter Seven Bail and Pretrial Detention | 728 |
Its History and the Constitution | 730 |
The Operation of a Bail Release System | 731 |
The Bail Setting Decision | 736 |
Bail Reform and Preventive Detention | 739 |
Foucha v Louisiana | 757 |
Special Problems in the Operation of Bail | 759 |
The Continuing Problems and Reform Efforts | 762 |
Chapter Eight Discovery | 765 |
The Basic Issues | 767 |
Voluntary and Intelligent Pleas and the Advantages of a Com | 832 |
Collateral AttackContinued | 849 |
Chapter Ten Trial and TrialRelated Rights | 851 |
Assessing Speedy Trial Claims | 863 |
Joinder and Severance | 879 |
Constitutionally Based Proof Requirements | 889 |
The Scope of the Reasonable Doubt Requirement | 896 |
Trial by Jury | 915 |
Proper Sources for the Jury Pool | 938 |
Virginia | 945 |
Morgan v Illinois | 955 |
Georgia | 969 |
The Future of Peremptory Challenges | 978 |
Lies on Voir Dire | 986 |
The Impartiality of the Tribunal and the Influence of the Press | 999 |
Protecting the Integrity of Judicial Proceedings | 1012 |
The Defendants Right to Participate in the Trial | 1038 |
The Right to Effective Assistance of Counsel | 1045 |
Assessing Prejudice | 1065 |
B The Right to ConflictFree Representation | 1074 |
Ineffective Assistance Without Fault on the Part of Defense | 1084 |
F Limitations on the Right to Counsel of Choice | 1097 |
Rendering the Defendant Unable to Pay for Counsel | 1105 |
Other Limitations on the Right to Counsel of Choice | 1113 |
SelfRepresentation | 1114 |
B The Limits of the Right | 1124 |
Chapter Eleven Sentencing | 1130 |
States | 1146 |
The Federal Sentencing Guidelines | 1156 |
Sentencing Procedures | 1174 |
Parole and Probation Procedures | 1183 |
The Death Penalty and Its Procedures | 1189 |
Another Overbreadth and Vagueness Attack on Aggravating Fac | 1197 |
naugh | 1206 |
Structuring the Result If No Mitigating Evidence Is Found | 1213 |
G Instruction on Lesser Included Offenses | 1222 |
Insane Convicts | 1230 |
P Stays of Execution | 1237 |
S First Amendment Considerations | 1244 |
Chapter Twelve Double Jeopardy | 1249 |
The Convicted Defendant Appeals | 1261 |
Trial De Novo and Continuing Jeopardy | 1270 |
The Convicted Defendant Is Tried Again | 1271 |
Morris v Mathews | 1288 |
Consequences of Halper | 1296 |
Overcoming the Presumption That Multiple Punishment for | 1298 |
Collateral Estoppel | 1300 |
Schiro v Farley | 1304 |
Dual Sovereigns | 1308 |
Waller v Florida | 1310 |
Aborted Proceedings | 1312 |
Weighing the Alternatives | 1320 |
United States v Dinitz | 1327 |
Controls on Judicial And Prosecutorial Vindictiveness | 1329 |
United | 1336 |
Chapter Thirteen Postconviction Challenges | 1342 |
Grounds for Direct Attacks on a Conviction | 1343 |
kosLane Rule | 1358 |
E Disentitlement From the Right to Appeal | 1361 |
Procedural Rules | 1369 |
Custody Habeas and Section 1983 Actions | 1386 |
b A Required Showing of Cause and Prejudice | 1392 |
Ineffectiveness Where There Is No Constitutional Right | 1403 |
mayoReyes | 1419 |
INDEX | 1427 |