Criminal Procedure: Constitution and Society (4th Edition)

Criminal procedure is a dramatic subject. Each case tells a story of conflict that pits society's vital need for the communal peace and order that makes life livable, against the right of each individual to be free from unreasonable invasions of privacy and freedom by officers of the state. Criminal procedure is also a technical subject. It encompasses many legal rules and doctrines, not all of which are perfectly logical. The drama of criminal procedure may be conveyed by a book that explores one important case, such asGideon's Trumpet,Anthony Lewis's classic story of Earl Clarence Gideon's fight for the right to counsel, that took his case to the United States Supreme Court. Simply studying dramatic cases, however, limits the student's exposure to many important topics. The heart of American law lies in the cases of appellate courts. Textbooks about legal subjects present the subject matter either in a casebook format or in a textbook format. Each has its advantages.Criminal Procedure: Constitution and Societyis an effort to present the best of both methods, with additional features that are uniquely tailored to social science students in criminal justice, criminology, sociology, and political science. The unique features of this text will make the study of criminal procedure a comprehensive educational experience. This text is designed to do three things: (1) provide essential information about the law of constitutional criminal procedure for students of criminal justice; (2) present Supreme Court cases in a format that is sufficiently substantial so as to provide the benefits of the case-method, while adding study aids that make the cases more comprehensible to undergraduate students; and (3) provide materials that help the student to appreciate criminal procedure in its social, political, and historical contexts. The basic text.The longest portion of this book presents and explains the core knowledge of constitutional criminal procedure. The topics covered are those of greatest interest to criminal justice students. Four chapters are devoted to the Fourth Amendment: the exclusionary rule (Chapter 2), the search warrant and essential Fourth Amendment doctrines such as plain view (Chapter 3), arrest andTerry-stops (Chapter 4), and warrantless searches (Chapter 5). The text is up to date, including discussions of cases decided in early 2004. The chapters are divided into coherent subtopics, giving instructors the flexibility to cover a general area but omit specific topics within it as they see fit. Throughout the text I attempt to show that in most areas of criminal procedure there is an ongoing dialogue between justices adhering to the Due Process Model and those whose decisions better reflect the Crime Control Model. The late Professor Herbert Packer's great organizing paradigm provides a convenient way for students to grasp the overall subject matter and each case. Thus, both the text and the "Case & Comments" explicate these conflicting approaches. The purpose of education, of course, is not the rote memorization of rules butunderstanding.To this end the text includes not just statements of rules, but describes the facts out of which the rules emerge and the often conflicting views of the justices. The relevant historic, social, and political factors that have influenced the decision are frequently provided. On occasion, where a subject is overly complex (e.g., the incorporation doctrine in Chapter 1 or-the automobile search doctrine in Chapter 5), I help students thread their way through the maze by providing an overview of the subject in the form of a list. I have not, however, avoided presenting students with challenging theoretical materials in this text. For example, Chapter 2 includes materials on theories of the exclusionary rule that present students with recent philosophical discussions about the justification for the rule. Instructors whoMarvin Zalman is the author of 'Criminal Procedure: Constitution and Society (4th Edition)', published 2004 under ISBN 9780131777088 and ISBN 0131777084.