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Federalism And State Criminal Procedure
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Book Synopsis Congress and Crime by : Joseph F. Zimmerman
Download or read book Congress and Crime written by Joseph F. Zimmerman and published by Lexington Books. This book was released on 2014-08-06 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Book Synopsis Federalism and State Criminal Procedure by : Walter Vincent Schaefer
Download or read book Federalism and State Criminal Procedure written by Walter Vincent Schaefer and published by . This book was released on 1956 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Rights on Trial written by Paul Lermack and published by . This book was released on 1983 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text explains the Supreme Court's selective incorporation opinions of 1961-1969 and the result of the broadening of the Bill of Rights on state criminal law. The author views the emergence of a cooperative federalism.
Book Synopsis State Constitutions and Criminal Justice by : Barry Latzer
Download or read book State Constitutions and Criminal Justice written by Barry Latzer and published by Bloomsbury Publishing USA. This book was released on 1991-10-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new Judicial Federalism is a significant development in American law: more cases are being decided by state constitutions than ever before in history. In this book, Barry Latzer provides the most thorough treatment available of the criminal law aspects of the New Federalism. His comprehensively researched and documented analysis of the state law movement covers all fifty states over the past two decades. Drawing from both legal and political science perspectives, Latzer examines recent court interpretations of state constitutions, specifically those pertaining to the criminally accused. He provides background on the development of the New Federalism, details the relationship between the U.S. Supreme Court and state courts, and analyzes all of the state constitutional provisions on the issues covered in the book. This is an important resource for professionals and students of criminal justice and law, and anyone concerned with the political-ideological tension between federal and state courts.
Book Synopsis Redefining Federalism by : Douglas T. Kendall
Download or read book Redefining Federalism written by Douglas T. Kendall and published by Environmental Law Institute. This book was released on 2004 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: If federalism is about protecting the states, why not listen to them? In the last decade, the Supreme Court has reworked significant areas of constitutional law with the professed purpose of protecting the dignity and authority of the states, while frequently disregarding the states'' views as to what federalism is all about. The Court, according to the states, is protecting federalism too much and too little. Too much, in striking down federal law where even the states recognize that a federal role is necessary to address a national problem. Too little, in inappropriately limiting state experimentation. By listening more carefully to the States, the Supreme Court could transform its federalism jurisprudence from a source of criticism and polarization to a doctrine that should win broad support from across the political spectrum. In this important book, six distinguished authors redefine federalism and reaffirm Justice Louis Brandeis's vision of states and localities as the laboratories of democracy.
Book Synopsis Subsidiarity, Federalism and Federal Prosecution of Street Crime by : John F. Stinneford
Download or read book Subsidiarity, Federalism and Federal Prosecution of Street Crime written by John F. Stinneford and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, Congress has expanded the reach of federal criminal law to the point where it substantially overlaps with state law. Many defendants who commit essentially local "street" crimes, such as arson, carjacking, or illegal firearms possession, now violate both state and federal law. Defendants who are prosecuted in the federal system typically face greater procedural disadvantages, higher conviction rates and longer sentences than those prosecuted for the same conduct in state court. But neither the Department of Justice nor the federal judiciary has articulated uniform standards for determining which cases belong in federal court and which do not. Rather, this issue has been left largely to the discretion of individual United States Attorneys. The essay that follows will argue that the best source for a standard to govern prosecutorial discretion in this area is the principle of subsidiarity: the principle that higher order institutions (such as the federal government) should avoid taking over the functions or disrupting the internal life of lower order institutions (such as state and local government), but should provide assistance to such institutions where necessary. This principle would permit federal intervention in criminal matters traditionally handled by the states only where the federal government enjoys an inherent advantage by virtue of its nature as a national government. Cases could not be moved from state to federal court simply to avoid procedural or evidentiary problems under state law, to avoid local juries, or to obtain a longer sentence than is available under state law. Inclusion of such a standard in the federal prosecutorial guidelines is consistent with basic principles of federalism, and will eliminate the most egregious disparities resulting from the overlap of state and federal criminal law.
Book Synopsis Criminal Procedures by : Marc L. Miller
Download or read book Criminal Procedures written by Marc L. Miller and published by Aspen Publishing. This book was released on 2023-02-01 with total page 660 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. 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 Edition, the authors retain the vitality and contemporary approach of the book with an updated selection of cases, statutes, and office policies. Covering in detail the “bail-to-jail” portions of the criminal process, this casebook features extensive use of documents from multiple institutions including U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and prosecutorial policies; a real-world perspective that focuses on high-volume issues of current importance to defendants, lawyers, courts, legislators, and the public; interdisciplinary examination of the impact that different procedures have on the enforcers, lawyers, courts, communities, defendants, and victims; points of comparison between U.S. practices and the systems at work in other countries; and frequent use of Problems to give the instructor options for applying concepts and doctrines in realistic practice settings. New to the 7th Edition: Coverage of declination and plea negotiation policies in the offices of “progressive prosecutors.” Enhanced coverage of the operation of state speedy trial statutes in high-volume courts. Fresh evaluation of historical trends and current practices in plea bargaining. Coverage of recent rulings of the U.S. Supreme Court on jury selection and unanimous jury verdicts. Professors and students will benefit from: Materials that support class discussion, including criminal justice actors beyond the nine Justices of the U.S. Supreme Court: the vision is “street-level federalism.” Materials that give students a nuanced portrait of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends. Supporting website that offers exemplar documents, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit. Emphasis on high-volume practical issues in criminal procedure instead of intricate but rarely-encountered questions. Intuitive organization – tracking the typical order of events in criminal court – that makes it easy to see connections among different areas of the law.
Book Synopsis The New Federalism in Criminal Procedure by : Donald E. Wilkes (Jr.)
Download or read book The New Federalism in Criminal Procedure written by Donald E. Wilkes (Jr.) and published by . This book was released on 1974 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Procedures by : Marc L. Miller
Download or read book Criminal Procedures written by Marc L. Miller and published by Aspen Publishing. This book was released on 2019-03-07 with total page 1058 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Criminal Procedures: Prosecution and Adjudication: Cases, Statutes, and Executive Materials, Sixth Edition, 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 Edition, the authors retain the vitality and contemporary approach of the book with an updated selection of cases, statutes, and office policies. Covering in detail the “bail-to-jail” portions of the criminal process, this casebook features: Extensive use of documents from multiple institutions including U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and prosecutorial policies A real world perspective that focuses on high-volume issues of current importance to defendants, lawyers, courts, legislators, and the public instead of intricate but rarely-encountered questions Interdisciplinary examination of the impact that different procedures have on the enforcers, lawyers, courts, communities, defendants, and victims Points of comparison between U.S. practices and the systems at work in other countries Frequent use of Problems to give the instructor options for applying concepts and doctrines in realistic practice settings. New to the Sixth Edition: Two new authors join the editorial team: Jenia I. Turner of SMU Dedman School of Law and Kay L. Levine of Emory University School of Law: With her doctoral training in Socio-Legal Studies and her balanced experience as a prosecutor and a defense attorney in state court, Professor Levine sharpens the focus of the book on the real-world operation of courtroom actors in high-volume state systems. With her background in international criminal tribunals and comparative criminal procedure, Professor Turner strengthens the comparisons between court systems in the U.S. and those around the world. As experienced and celebrated classroom teachers, both Professors Turner and Levine bring closer attention to student learning needs in every chapter of the book. A revamped Chapter 2 surveys the major changes in the use of money bail and risk assessment algorithms, previewing the prospects for further system reforms. Chapter 3 covers newsworthy recent changes in the charging policies and diversion practices of prosecutors’ offices, especially those in urban areas such as Philadelphia. Chapter 7 expands its coverage of the tensions between fair trials and public trials, including new materials on public access to court files and statistics. A refocused Chapter 9 provides a more detailed and vivid portrait of sentencing hearings and the use of risk assessment instruments. Professors and students will benefit from: Materials that support class discussion, including criminal justice actors beyond the nine Justices of the U.S. Supreme Court: the vision is “street level federalism” Materials that give students a nuanced portrait of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends A supporting website that offers exemplar documents, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit Intuitive organization—tracking the typical order of events in criminal court—that makes it easy to see connections among different areas of the law
Book Synopsis Criminal Procedures by : Marc L. Miller
Download or read book Criminal Procedures written by Marc L. Miller and published by Aspen Publishing. This book was released on 2023-01-31 with total page 1280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedures: Cases, Statutes, and Executive Materials, 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 police department policymakers into the picture alongside the U.S. Supreme Court. Criminal Procedures: Cases, Statutes, and Executive Materials is noted for its comprehensive coverage and excellent selection and editing of cases and materials. The book is known for its special focus on a rich selection of materials from multiple institutions, including primary materials from U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and police and prosecutorial policies, along with materials from social science studies. The new edition retains the casebook’s engaging writing style and division of materials into “teachable chunks.” Updated cases are chosen for their contemporary accuracy and feel, to complement essential cases of historical value. Taken together, the principal materials highlight procedural variety, focus on real process topics, provide the political context, and consider the impact of procedures on the various parties involved. The scholarly expertise and experience of the authors are especially reflected in the Criminal Procedure II materials, which include coverage of prosecutorial charging, plea bargaining, and sentencing. Their frequent use of Problems gives instructors options for applying concepts and doctrines in realistic practice settings. The purchase of this ebook edition does not entitle you to receive access to the Connected eBook with Study Center on CasebookConnect. You will need to purchase a new print book to get access to the full experience, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. New to the 7th Edition: New organization for the search and seizure chapters to better reflect long-term doctrinal changes. Coverage of new design options for police organizations, inspired by the “Defund the Police” movement. Spotlighting the Breonna Taylor tragedy in Louisville as a focal point for discussion of no-knock warrants. Emphasis throughout the search and seizure chapters on the interaction between technology and doctrinal change. Coverage of declination and plea negotiation policies in the offices of “progressive prosecutors.” Enhanced coverage of the operation of state speedy trial statutes in high-volume courts Fresh evaluation of historical trends and current practices in plea bargaining. Coverage of recent rulings of U.S. Supreme Court on jury selection and unanimous jury verdicts. Professors and students will benefit from: Materials that support class discussion, including criminal court actors beyond the Justices of the U.S. Supreme Court: the vision is “street level federalism.” Materials that portray for students the range of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends. Supporting web site that offers exemplar documents from legal practice, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit. Emphasis on high-volume practical issues in criminal procedure instead of intricate but rarely-encountered questions. Intuitive organization – tracking the typical sequence of events in criminal investigations and in the criminal courts – makes it easy to see connections among different areas of the law.
Book Synopsis Nationalizing Criminal Procedure by :
Download or read book Nationalizing Criminal Procedure written by and published by . This book was released on 1983 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Criminal Procedures by : Marc L. Miller
Download or read book Criminal Procedures written by Marc L. Miller and published by Aspen Publishing. This book was released on 2023-01-31 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A criminal procedure casebook for students"--
Book Synopsis Criminal Procedures by : Marc L. Miller
Download or read book Criminal Procedures written by Marc L. Miller and published by Aspen Publishing. This book was released on 2019-03-07 with total page 1994 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedures: Cases, Statutes, and Executive Materials, Sixth Edition is noted for its comprehensive coverage and excellent selection and editing of cases and materials. The book is known for its special focus on a rich selection of materials from multiple institutions, including primary materials from U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and police and prosecutorial policies, along with materials from social science studies. The new Sixth Edition retains the casebook’s engaging writing style and division of materials into “teachable chunks.” Updated cases are chosen for their contemporary accuracy and feel to complement essential cases of historical value. Taken together, the principal materials highlight procedural variety, focus on real process topics, provide the political context, and consider the impact of procedures on the various parties involved. The scholarly expertise and experience of the authors is especially reflected in the Criminal Procedure II materials, which includes coverage of prosecutorial charging, plea bargaining, and sentencing. Their frequent use of Problems gives instructors options for applying concepts and doctrines in realistic practice settings. New to the Sixth Edition: Two new authors join the editorial team: Jenia Iontcheva Turner of SMU Dedman School of Law and Kay L. Levine of Emory University School of Law. With her doctoral training in Socio-Legal Studies and her balanced experience as a prosecutor and a defense attorney in state court, Professor Levine sharpens the focus of the book on the real-world operation of courtroom actors in high-volume state systems. With her background in international criminal tribunals and comparative criminal procedure, Professor Turner strengthens the comparisons between court systems in the U.S. and those around the world. As experienced and celebrated classroom teachers, both Professors Turner and Levine bring closer attention to student learning needs in every chapter of the book. More examples and discussion demonstrate the effects of new technologies on criminal procedure. A revamped Chapter 1 offers a deeper exploration of competing models of policing and useful background about policing organizations. Reorganized Chapters 2 and 7 introduce students to the shifting analytical frameworks that the U.S. Supreme Court now employs to evaluate searches in the context of technological devices that store and collect large amounts of data. Chapter 6 relies on current newsworthy debates about police use of force to explore the alternatives and supplements to the exclusionary rule remedy. A revamped Chapter 12 surveys the major changes in the use of money bail and risk assessment algorithms, previewing the prospects for further system reforms. Chapter 13 covers newsworthy recent changes in the charging policies and diversion practices of prosecutors’ offices, especially those in urban areas such as Philadelphia. Chapter 17 expands its coverage of the tensions between fair trials and public trials, including new materials on public access to court files and statistics. A refocused Chapter 19 provides a more detailed and vivid portrait of sentencing hearings and the use of risk assessment instruments. Professors and students will benefit from: Materials that support class discussion, including criminal court actors beyond the Justices of the U.S. Supreme Court: the vision is “street level federalism” Materials that portray for students the range of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends A supporting website that offers exemplar documents from legal practice, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit Emphasis on high-volume practical issues in criminal procedure instead of intricate but rarely-encountered questions Intuitive organization—tracking the typical sequence of events in criminal investigations and in the criminal courts—that makes it easy to see connections among different areas of the law
Book Synopsis The State and Federal Courts by : Christopher P. Banks
Download or read book The State and Federal Courts written by Christopher P. Banks and published by Bloomsbury Publishing USA. This book was released on 2017-01-26 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: How does the American judiciary impact the development of legal and social policies in the United States? How are the state and federal court systems constructed? This book answers these questions and many others regarding politics, the U.S. courts, and society. This single-volume work provides a comprehensive and contemporary treatment of the historical development of state and federal courts that clearly documents how they have evolved into significant political institutions. It addresses vital and highly relevant subjects such as the constitutional origins of courts, the nature of judicial selection and service, and the organization of courts and their administration. The book explains civil and criminal legal proceedings, the political impact of judicial rulings, and the restraints placed upon the exercise of judicial powers. Readers will come away with an understanding of the key principles of constitutional interpretation and judicial review as well as judicial independence, what factors affect access to courts, the underlying politics of state judicial campaigns, and the confirmation of presidential appointments to the federal bench. The book covers historical and contemporary court perspectives on major issues, such as same-sex marriage, the Affordable Care Act, campaign financing, gun rights, free speech and religious freedom, racial discrimination, affirmative action, criminal procedure and punishments, property rights, and voting rights.
Book Synopsis Respecting State Courts by : Michael E. Solimine
Download or read book Respecting State Courts written by Michael E. Solimine and published by Praeger. This book was released on 1999-12-30 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines major issues revolving around judicial federalism in the United States.
Download or read book Congress written by Joseph F. Zimmerman and published by State University of New York Press. This book was released on 2010-01-11 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful reassessment of the relationship between the U.S. Congress and the states.
Book Synopsis Criminal Procedures by : Marc L. Miller
Download or read book Criminal Procedures written by Marc L. Miller and published by Aspen Publishing. This book was released on 2019-03-07 with total page 1014 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedures: The Police: Cases, Statutes, and Executive Materials, Sixth Edition, is a comprehensive treatment of criminal procedure that depicts the enormous variety within criminal justice systems by examining the procedures and policies of both federal and state systems and looking at sources of law and doctrine from multiple institutions. This “real-world” text offers students and instructors a deliberate focus on the realities of the high-volume circumstances that surround criminal procedure. An updated selection of cases and statutes as well as expanded coverage of important areas ensures the currency and timeliness of the Sixth Edition of this highly regarded casebook. This time- and classroom-tested casebook: Surveys the constitutional, statutory, and administrative doctrines and practices that shape how the police interact with citizens and investigate crimes Examines the procedures and policies of both federal and state systems, as well as the assumptions and judgments underlying each, and how these systems interrelate and sometimes compete with one another Looks at sources of law and doctrine from multiple institutions, including U.S. Supreme Court cases, state high court cases, statutes, rules of procedure, and police and prosecutorial policies Explores the influence of politics within various institutions of law enforcement and the role of public pressure on policing and procedure with regard to terrorism, drug trafficking, domestic abuse, and the treatment of crime victims Compares U.S. practices with the criminal investigations that happen in other countries Investigates the impact of criminal procedures on law enforcers, lawyers, courts, communities, defendants, and victims through the use of interdisciplinary materials New to the Sixth Edition: Two new authors join the editorial team: Jenia I. Turner of SMU Dedman School of Law and Kay L. Levine of Emory University School of Law. With her doctoral training in Socio-Legal Studies and her balanced experience as a prosecutor and a defense attorney in state court, Professor Levine sharpens the focus of the book on the real-world operation of courtroom actors in high-volume state systems. With her background in international criminal tribunals and comparative criminal procedure, Professor Turner strengthens the comparisons between court systems in the U.S. and those around the world. As experienced and celebrated classroom teachers, both Professors Turner and Levine bring closer attention to student learning needs in every chapter of the book. More examples and discussion demonstrate the effects of new technologies on criminal procedure. A revamped Chapter 1 offers a deeper exploration of competing models of policing and useful background about policing organizations. Reorganized Chapters 2 and 7 introduce students to the shifting analytical frameworks that the U.S. Supreme Court now employs to evaluate searches in the context of technological devices that store and collect large amounts of data. Chapter 6 relies on current newsworthy debates about police use of force to explore the alternatives and supplements to the exclusionary rule remedy. Professors and students will benefit from: Materials that support class discussion, including criminal justice actors beyond the Justices of the U.S. Supreme Court: the vision is “street level federalism” Materials that portray the range of current practices in criminal justice rather than a rushed historical narrative about doctrinal trends A Supporting website that offers exemplar documents from legal practice, recent news with relevance for criminal procedure, and brief video lectures to introduce each major unit Emphasis on high-volume practical issues in criminal procedure instead of intricate but rarely-encountered questions Intuitive organization (particularly in the search and seizure units) that makes it easy to see connections among different areas of the law