Criminal Procedure: Constitutional Constraints Upon Investigation and Proof

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9780769852867: Criminal Procedure: Constitutional Constraints Upon Investigation and Proof

Criminal Procedure: Constitutional Constraints Upon Investigation and Proof is designed for use in an introductory Criminal Procedure course that focuses entirely on issues raised by pretrial law enforcement investigatory practices. This pragmatic and flexible casebook covers searches and seizures, entrapment, confessions, identification procedures, and the exclusionary rules. The new Seventh Edition follows the same basic organizational structure and subject matter coverage as the prior edition (2008). The textual material at the beginning of each chapter and between main opinions is limited. And, a considerable number of problems, based on actual federal and state cases, are incorporated throughout the book. The problems both inform students of the sorts of issues currently being contested in the courts and provide them with opportunities to test their knowledge of the doctrines and principles by applying them to concrete situations. Finally, because some of the problems are cumulative, including issues covered in previous sections, they provide exercises for developing exam-taking skills. The cases presented in Criminal Procedure: Constitutional Constraints Upon Investigation and Proof are limited to those decided by the United States Supreme Court. The core objective has been to present a sufficient number of cases to enable students to gain an appreciation of the richness and complexity of the issues pertaining to each topic. Accordingly, some topics are the subject of several decisions that explore a variety of related issues. As with prior editions, however, there has been no attempt to cover every significant question or to present every Supreme Court decision relating to the topics addressed. The Seventh Edition includes edited versions of the Supreme Court's opinions in four cases decided since the last edition was published in 2008. It also includes substantial notes that capture the essence of other significant rulings in the past several years. In addition, a significant number of new problems, based on actual lower court opinions, have been incorporated throughout the book. Instructors will find intriguing new fact situations that raise novel, cutting-edge constitutional issues.

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About the Author:

James J. Tomkovicz is Professor of Law at University of Iowa College of Law. The late Welsh S. White (1940-2005) taught at the University of Pittsburgh and was a prolific scholar on criminal law and procedure.

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