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State Constitutional Criminal Procedure
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Book Synopsis Constitutional Criminal Procedure by : Andrew E. Taslitz
Download or read book Constitutional Criminal Procedure written by Andrew E. Taslitz and published by . This book was released on 2003 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State Constitutional Law by : Jennifer Friesen
Download or read book State Constitutional Law written by Jennifer Friesen and published by MICHIE. This book was released on 1999 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis State Constitutional Law by : Randy James Holland
Download or read book State Constitutional Law written by Randy James Holland and published by Ingram. This book was released on 2015-12-11 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this, the second edition of State Constitutional Law: The Modern Experience, the authors present cases, scholarly writings, and other materials about our ever-evolving, ever-more-relevant state charters of government. The casebook starts by placing state constitutions in context--in the context of a federal system that leaves some powers exclusively with the States, delegates some powers exclusively to the Federal Government, and permits overlapping authority by both sovereigns in many areas. The resulting combination of state and federal charters--what might be called American Constitutional Law--presents fruitful opportunities for give and take, for exporting and importing constitutional tools and insights between and among the different sovereigns. The casebook often addresses the point by explaining how the U.S. Constitution deals with an issue before discussing how the state constitutions handle an identical or similar issue. At other times, the casebook explains and illustrates how the state constitutions contain provisions that have no parallel in the U.S. Constitution. A central theme of the book, explored in the context of a variety of constitutional guarantees, is that state constitutions provide a rich source of rights independent of the federal constitution. Considerable space is devoted to the reasons why a state court might construe the liberty and property rights found in their constitutions, to use two prominent examples, more broadly than comparable rights found in the U.S. Constitution. Among the reasons considered are: differences in the text between the state and federal constitutional provisions, the smaller scope of the state courts'' jurisdiction, state constitutional history, unique state traditions and customs, and disagreement with the U.S. Supreme Court''s interpretation of similar language. State constitutional law, like its federal counterpart, is not confined to individual rights. The casebook also explores the organization and structure of state and local governments, the method of choosing state judges, the many executive-branch powers found in state constitutions but not in their federal counterpart, the ease with which most state constitutions can be amended, and other topics, such as taxation, public finance and school funding. The casebook is not parochial. It looks at these issues through the lens of important state court decisions from nearly every one of our 50 States. In that sense, it is designed for a survey course, one that does not purport to cover any one State''s constitution in detail but that considers the kinds of provisions found in many state charters. Like a traditional contracts, real property or torts textbook, the casebook uses the most interesting state court decisions from around the country to illustrate the astonishing array of state constitutional issues at play in American Constitutional Law. It is difficult to overstate the growing significance of state constitutional law. Many of the ground-breaking constitutional debates of the day are being aired in the state courts under their own constitutions--often as a prelude to debates about whether to nationalize this or that right under the National Constitution. To use the most salient example, it is doubtful that there would have been a national right to marriage equality in 2015, see Obergefell v. Hodges, without the establishment of a Massachusetts right to marry in 2003, see Goodridge v. Department of Public Health. In other areas of constitutional litigation--gun rights, capital punishment, property rights, school funding, free exercise claims, to name but a few--state courts often are the key innovators as well, relying on their own constitutions to address individual rights and structural debates of the twenty-first century. The mission of the casebook is to introduce students to this increasingly significant body of American law and to prepare them to practice effectively in it.
Book Synopsis State Constitutional Criminal Procedure by : Neil Colman McCabe
Download or read book State Constitutional Criminal Procedure written by Neil Colman McCabe and published by . This book was released on 1994 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Criminal Procedure by : Marvin Zalman
Download or read book Criminal Procedure written by Marvin Zalman and published by West Publishing Company. This book was released on 1991 with total page 764 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Practical Criminal Procedure by : Brent E. Newton
Download or read book Practical Criminal Procedure written by Brent E. Newton and published by Aspen Publishing. This book was released on 2021-08-31 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether you are a prosecutor or a defense attorney, a thorough understanding of the many procedural issues in a case can mean the difference between a conviction and an acquittal or an affirmance or reversal on appeal. This guide by Brent Newton comprehensively examines the major topics in constitutional criminal procedure with a pragmatic view that gets to the heart of each matter quickly and cogently. It includes a summary to every significant decision of the United States Supreme Court that impacts constitutional criminal procedure. This text also highlights many of constitutional procedural issues that the United States Supreme Court has not yet addressed and reviews the extensive treatment these issues have received in the lower federal and state courts. Written for law students, criminal defense attorneys, and prosecuting attorneys, the Fourth Edition of Practical Criminal Procedure helps legal professionals understand complex criminal legal issues in context and how legal issues commonly arise in real-world litigation. New to the 4th Edition: The fourth edition includes practical analysis of many new Supreme Court decisions that significantly have changed many aspects of constitutional criminal procedure, including: Fourth Amendment cases, including Kansas v. Glover (2019); Carpenter v. United States (2018); Collins v. Virginia (2018); and Byrd v. United States (2018) Double Jeopardy cases, including Gamble v. United States (2019) Cases addressing the Sixth Amendment right to counsel, including Ramos v. Louisiana (2020) Sixth Amendment right to counsel cases, including McCoy v. Louisiana (2018) and Garza v. Idaho (2019) Sentencing cases, including McKinney v. Arizona (2020) Federal habeas corpus cases, including Wilson v. Sellers (2018)
Book Synopsis Adjudicative Criminal Procedure by : Jens David Ohlin
Download or read book Adjudicative Criminal Procedure written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2023-09-14 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adjudicative Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Coverage of Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing the chaotic situation from Apodaca and its confusing array of overlapping plurality opinions. Supreme Court’s decision in Edwards v. Vannoy (2021) that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility to be useful for a variety of professors with different teaching styles) Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).
Book Synopsis Criminal Procedure by : Welsh S. White
Download or read book Criminal Procedure written by Welsh S. White and published by . This book was released on 2004 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tried and Convicted written by and published by Rowman & Littlefield. This book was released on 2012 with total page 179 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comprehensive Criminal Procedure by : Ronald Jay Allen
Download or read book Comprehensive Criminal Procedure written by Ronald Jay Allen and published by Aspen Publishing. This book was released on 2020-02-13 with total page 2572 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive Criminal Procedure, Fifth Edition is perfect for all introductory courses in criminal procedure law (including both investigation and adjudication courses, as well as comprehensive and survey courses). The casebook focuses primarily on constitutional criminal procedure law, but also covers relevant statutes and court rules. The casebook is deliberately challenging—it is designed for teachers who want to explore deeply not only the contemporary state of the law, but also its historical and theoretical foundations. The casebook incorporates a particular emphasis on empirical knowledge about the real-world impacts of law-in-action; the significance of race and class; the close relationship between criminal procedure law and substantive criminal law; the cold reality that hard choices sometimes must be made in a world of limited criminal justice resources; and, finally, the recognition that criminal procedure law always should strive to achieve both fairness to the accused and justice for society as a whole. New to the Fifth Edition: Cutting edge developments in caselaw, statutory material, and academic commentary An important reordering of certain areas of the Fourth Amendment and related materials that make them even more user-friendly Insightful examination of the turmoil in the modern Fourth Amendment cases as the Supreme Court, notably splintered over the appropriate methods of interpreting the Constitution, faces the implications of rapidly changing technology. The latest in case law, statutory material, and academic commentary about due process, the right to counsel, pretrial practice, guilty pleas, trial rights, sentencing, double jeopardy, and post-trial procedures Increased emphasis on the role of prosecutorial decision-making An updated treatment of the critical role of plea bargaining A new section on forfeitures and the Eighth Amendment Professors and students will benefit from: A rigorous and challenging criminal procedure casebook with careful presentation and editing A prestigious author team that incorporates the latest and most highly respected developments in legal scholarship in the field of criminal procedure law An appropriate balance of explanatory text and secondary material Thematic organization structured around important main themes Extensive revisions and updates A casebook that is the only criminal procedure casebook on the market today that enables students to understand the roots of the modern controversy over privacy and security in a digital age
Book Synopsis Criminal Procedure by : Jens David Ohlin
Download or read book Criminal Procedure written by Jens David Ohlin and published by Aspen Publishing. This book was released on 2023-09-14 with total page 1670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Torres v. Madrid (2021) and its central question for criminal procedure: Does a shooting by a police officer that fails to incapacitate a suspect, who temporarily eludes capture, constitute a seizure? Simplified but enhanced materials regarding automobile searches. Simplified materials regarding protective sweeps. Enhanced materials on Terry stops, exploring both doctrinal developments and policy implications. Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing Apodaca and its confusing array of overlapping plurality opinions. Edwards v. Vannoy (2021) and its holding that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms. Discovery reform in New York State. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles). Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).
Book Synopsis Criminal Procedure by : Charles H. Whitebread
Download or read book Criminal Procedure written by Charles H. Whitebread and published by West Publishing Company. This book was released on 2000 with total page 1148 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert authors introduce the study of criminal procedure. The Exclusionary Evidence Rule and other remedies for constitutional violations are covered, as well as the law of arrest. Covers the law of searches and provides a framework for analyzing its validity. Overviews privilege against self-incrimination, offers eyewitness identification techniques, and identifies the general restrictions on the identification procedure. Looks at initial custodial decisions, preliminary hearing, grand jury, discovery, and the right to a speedy trial. Examines pleas, adversarial rights, appeals, and double jeopardy. Also covers the right to counsel, effective assistance of counsel, habeas corpus, and state constitutions as an independent source of rights.
Book Synopsis Criminal Procedure by : James J. Tomkovicz
Download or read book Criminal Procedure written by James J. Tomkovicz and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Constitution and Criminal Procedure by : Akhil Reed Amar
Download or read book The Constitution and Criminal Procedure written by Akhil Reed Amar and published by Yale University Press. This book was released on 1997-01-01 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the banner of the Fourth, Fifth and Sixth Amendments, the Supreme Court of America has constitutionalized vast areas of criminal procedure law in ways that often reward the guilty whilst hurting the innocent. This book reconceptualizes the basic foundations of the criminal procedure field.
Book Synopsis 51 Imperfect Solutions by : Judge Jeffrey S. Sutton
Download or read book 51 Imperfect Solutions written by Judge Jeffrey S. Sutton and published by Oxford University Press. This book was released on 2018-05-07 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.
Book Synopsis The Constitution of the Criminal Law by : R. A. Duff
Download or read book The Constitution of the Criminal Law written by R. A. Duff and published by OUP Oxford. This book was released on 2013-01-31 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them.