This book and its companion, Q&A: Criminal Procedure ¿ Police Investigation, will assist learning and exam preparation in criminal procedure courses and for the bar exam. This volume covers discretion to prosecute, bail, complaint, initial appearance, preliminary hearing, grand jury, plea bargaining, joinder and severance, motion practice, discovery, time limitations, jurisdiction and venue, trial, double jeopardy, and postconviction remedies.
Focusing on the adjudicative phase of criminal procedure, Criminal Procedure: Adjudication, Third Edition combines Laurie L. Levenson’s first-hand experience in the criminal justice system with Erwin Chemerinsky’s student-friendly writing style. This volume examines the impact of a host of recent developments in the courts and legislature on the trial process. It eschews reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and trendsetting policy issues. The book utilizes a chronological approach that guides students through criminal procedure doctrine. In addition to presenting the perspectives from various stakeholders (i.e., defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure: Adjudication not only employs a systemic approach that takes students through issues from policy to application of legal doctrine but also introduces issues at the forefront of modern criminal procedure debates. Key Features: Straightforward writing style and clear, dynamic text that is uncluttered with law review excerpts and features thoughtfully edited principal and minor cases. Intuitive chronological presentation of topics. Systematic and cohesive exploration of policy on every issue, before moving on to the specifics of doctrine. Practice-oriented features and discussion of important, modern criminal procedure issues. Approachable organization based on common progression through criminal justice system. Straight writing style that relies on cases and author essays rather than law review excerpts and strict Socratic rhetoric questions. Practice-oriented features, discussion of modern policy issues, useful example documents for practitioners. Useful examples for future and current criminal law practitioners.
This major reference work identifies and crystallizes the common rules and principles underlying international criminal procedure, as developed by international courts and tribunals since the Second World War. It covers the whole of the international criminal process, from initial investigations to the role of victims and the final appeal.
International Criminal Procedure: Principles and Rules is a comprehensive study of international criminal proceedings written by over forty leading experts in the field. The book offers a systematic overview and detailed comparison of the standards governing the conduct of proceedings in all major international and internationalized criminal courts from the Nuremberg and Tokyo Tribunals to the recently established Cambodian Extraordinary Chambers and the Special Tribunal for Lebanon. Based on a major research project, the study covers all procedural phases from the initiation of investigation to the appeals process. It pays special attention to the crosscutting themes which shape the contemporary discourse on international criminal justice, including the law of evidence, the defence issues, the procedural role of victims, and negotiated dismissal of international crime cases. The book not only takes stock of the procedural legacy of the UN ad hoc Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court, but also reflects on the future directions of international criminal procedure. Investigating the tribunals' procedural law and practice through the prism of human rights law, domestic legal traditions, and tribunals' special objectives, the expert group puts forth proposals on how the challenges facing international criminal jurisdictions can best be met. International Criminal Procedure will be an indispensable work for practitioners involved in the adjudication of serious crimes on both national and international level, as well as international law students and academics.
Ohio State Law Title 29 - Crimes and Criminal Procedure contains the following sections: General Provisions, Specific Criminal Activities, Arrests, Trials, and Resolution of Charges. Does not contain any legal analysis.
Written in the student-friendly style that characterizes Chemerinsky's Constitutional Law casebook, Criminal Procedure: Adjudication features cases, minor cases, and author-written essays while omitting both notes in the form of rhetorical questions and excerpts from law review articles. The chronological organization moves through the criminal justice process, from investigation to habeas corpus. Dynamic text guides students through understanding the law with tightly edited cases, samples of legal pleadings arguing the issues, and perspectives from prosecutors, defense, counsel, judges, police, and victims alike. Each chapter has a consistent, systematic approach, beginning with an introduction laying out the nature of the issue, followed by a discussion on the history and development of the law. Then, examples of recent and seminal cases reveal how key criminal procedure issues have been raised, and an analytic approach toward resolving each issue shows what worked and why. The Second Edition has been thoroughly updated and provides analysis of the impact of important recent decisions, such as Arizona v. Gant, Herring v. U.S., Berghuis v. Thompkins, Maryland v. Shatzer, Montejo v. Louisiana, and Perry v. New Hampshire. In addition, the Second Edition examines new decisions affecting right to counsel. New supplemental handouts and practice materials are available on the companion website. Features: Written in the approachable style of Chemerinsky's Constitutional Law casebook features cases and minor cases offers author-written essays omits both notes in the form of rhetorical questions and excerpts from law review articles Organized chronologically through the adjudication process Dynamic text guides students through understanding the law tightly edited cases samples of legal pleadings arguing the issues perspectives from prosecutors, defense, counsel, judges, police, and victims Consistent systematic approach to topics in each chapter an introduction laying out the nature of the issue discussion of the history and development of the law examples of recent and seminal cases that raise key criminal procedure issues analytic approach toward resolving a specific legal issue--what worked and why questions--and answers--to provoke class discussion Thoroughly updated, the revised Second Edition presents: Analysis of the impact of recent decisions Missouri v. Frye Lafler v. Cooper Skilling v. United States Michigan v. Bryant Bullcoming v. New Mexico Williams v. Illinois Graham v. Florida Miller v. Alabama Examination of new decisions' effects right to fair trial habeas corpus law
Instructors who want a comprehensive yet highly focused set of materials for the bail to jail course discovered that this concise casebook achieves specificity without sacrificing quality. with its distinctive focus on multiple kinds of law (constitutional, statutory, executive) and multiple jurisdictions, CRIMINAL PROCEDURES: Prosecution and Adjudication enters its Second Edition as a stronger and absolutely current teaching tool. The authors continue to keep the casebook both effective and realistic: derived from Miller and Wrights comprehensive criminal procedure book, this shorter volume focuses exclusively on the bail to jail topics extensive use of state high court cases, statutes, rules of procedure, and prosecutorial policies -- in addition to leading U.S. Supreme Court cases -- reveals the full range of the subject by presenting competing rules from the federal and state systems and also occasionally examining procedures from earlier times or from non-U.S. systems, the book offers procedural variety the real-world perspective shows in the focus on procedures and issues of current importance to defendants, lawyers, courts, legislators, and the public careful attention to the political context surrounding different institutions and issues and the impact of public concerns -- such as drug trafficking, domestic abuse, and treatment of crime victims -- on procedural rules helps students gain insight on the evolution of criminal procedures includes an illuminating examination of the impact different procedures have on law enforcers, lawyers, courts, communities, defendants, and victims a detailed Teachers Manual and separate supporting web sites for students and instructors are available The Second Edition keeps pace with rapid and significant developments: covers all of the leading U.S. Supreme Court cases in relevant areas, such as sentencing law and the substantive definition of crimes (Apprendi v. New Jersey, Blakely v. Washington, U.S. v. Booker), confrontation (Crawford v. Washington), right to counsel (Alabama v. Shelton), and ex post facto (Stogner v. California) considers the leading recent state court developments, with special attention to state-level variation and leading state supreme court opinions timely consideration of the issues created for American criminal procedure by changes after September 11 in bail and detention, right to counsel, and various trial and sentencing rights treatment of Habeas Corpus