Constitutional criminal procedure : an examination of the Fourth, Fifth, and Sixth Amendments, and related areas

목차 (Table of Contents)

• CONTENTS
• Preface = xxi
• Acknowledgments = xxiii
• PART ONE. THE CRIMINAL PROCESS = 1
• CHAPTER 1. INTRODUCTION TO THE CRIMINAL JUSTICE "SYSTEM" = 3
• A. Introduction = 3
• B. Prctrial Process = 6
• The Crime = 7
• The Investigation = 7
• The Arrest Warrant = 8
• The Arrest = 9
• The Booking = 9
• The Lineup = 10
• The Initial Appearance = 10
• The Return to Custody = 11
• Pretrial Release = 12
• The Prosecutorial Decision to Proceed = 12
• The Preliminary Hearing = 12
• Grand Jury Review = 13
• Filing the Formal Charge = 14
• The Arraignment = 15
• Pretrial Motions = 15
• C. Trial and Beyond = 17
• National Advisory Commission on Criminal Justice Standards and Goals, Courts = 17
• CHAPTER 2. PERSPECTIVES ON THE CRIMINAL JUSTICE SYSTEM = 21
• A. Some Perspectives on the System as a Whole = 21
• American Bar Association Special Committee on Criminal Justice in a Free Society, Criminal Justice in Crisis = 21
• Packer, The Courts, the Police, and the Rest of Us = 23
• Arenella, Rethinking the Functions of Criminal Procedure: The Warren and Burger Courts' Competing Ideologies = 24
• Dershowitz, The Best Defense = 28
• B. The Police = 29
• Packer, The Limits of the Criminal Sanction = 29
• Morris & Hawkins, The Honest Politician's Guide to Crime Control = 30
• Skolnick & Bayley, Community Policing: Issues and Practices Around the World = 31
• Wilson, Varieties of Police Behavior = 33
• Allen, The Police and Substantive Rulemaking: Reconciling Principle and Expediency = 37
• Davis, Police Rulemaking on Selective Enforcement: A Reply = 42
• Allen, The Police and Substantive Rulemaking: A Brief Rejoinder = 43
• C. The Lawyers and the Trial Courts = 46
• Wice, Chaos in the Courthouse: The Inner Workings of the Urban Criminal Courts = 46
• Jackson, Law and Disorder, Criminal Justice in America = 48
• Blumberg, The Practice of Law as Confidence Game: Organizational Cooptation of a Profession = 49
• Mileski, Courtroom Encounters: An Observation Study of a Lower Criminal Court = 54
• D. The Supreme Court = 57
• Amsterdam, The Supreme Court and the Rights of Suspects in Criminal Cases = 57
• CHAPTER 3. THE PROCESS OF CONSTITUTIONAL DECISIONMAKING = 67
• A. Constitutional Decisionmaking = 67
• Hurtado v. People of California = 68
• Palko v. Connecticut = 75
• Duncan v. Louisiana = 79
• Notes and Questions = 93
• B. Retroactivity = 98
• United States v. Johnson = 98
• Shea v. Louisiana = 109
• C. Reflections on the Concept of "Due Process of Law" = 116
• Allen, Procedural Due Process of Law, Criminal = 116
• PART TWO. THE RIGHT TO COUNSEL―THE LINCHPIN OF CONSTITUTIONAL PROTECTION = 123
• CHAPTER 4. THE RIGHT TO COUNSEL AND OTHER ASSISTANCE = 125
• A. The Constitutional Requirements = 125
• 1. The Right to Assistance of Counsel at Trial = 125
• Gideon v. Wainwright = 128
• Notes and Questions = 135
• Argersinger v. Hamlin = 137
• Notes and Questions = 146
• Scott v. Illinois = 148
• Notes and Questions = 153
• 2. Further Emanations of the Right to Counsel―Counsel on Appeal and Other Forms of Assistance = 157
• Ross v. Moffitt = 159
• Notes and Questions = 168
• Evitts v. Lucey = 170
• Westen, The Empty Idea of Equality = 183
• Burton, Comment on "Empty Ideas": Logical Positivist Analyses of Equality and Rules = 185
• Notes and Questions = 190
• Bearden v. Georgia = 198
• Notes and Questions = 205
• B. Effective Assistance of Counsel = 208
• 1. Developing Standards = 208
• Strickland v. Washington = 210
• United States v. DeCoster = 236
• Notes and Questions = 242
• Nix v. Whiteside = 250
• Notes and Questions = 267
• 2. Multiple Representation = 267
• Cuyler v. Sullivan = 272
• Notes and Questions = 281
• C. Some Implications of the Right to Counsel = 283
• 1. The Right to Control the Lawyering Process = 283
• Faretta v. California = 283
• McKaskle v. Wiggins = 298
• Notes and Questions = 308
• Jones v. Barnes = 312
• 2. The Implications of Forfeiture Statutes = 316
• Caplin & Drysdale v. United States = 316
• CHAPTER 5. THE SIXTH AMENDMENT AND DUE PROCESS APPLIED―THE PROBLEM OF EYEWITNESS IDENTIFICATION = 331
• Note Did Your Eyes Deceive You? Expert Psychological Testimony on the Unreliability of Eyewitness Identification = 333
• A. The Right to Counsel at Lineups, Showups, and Photographic Arrays = 339
• United States v. Wade = 339
• Notes and Questions = 355
• United States v. Bierey = 355
• Kirby v. Illinois = 359
• Notes and Questions = 368
• United States v. Ash = 372
• Notes and Questions = 388
• B. The Due Process Approach = 393
• Manson v. Braithwaite = 393
• Notes and Questions = 411
• PART THREE. THE RIGHT TO BE LET ALONE―AN EXAMINATION OF THE FOURTH AND FIFTH AMENDMENTS AND RELATED AREAS = 421
• CHAPTER 6. THE RISE AND FALL OF BOYD v. UNITED STATES = 423
• Boyd v. United States = 424
• Notes and Questions = 436
• Schmerber v. California = 441
• Warden, Maryland Penitentiary v. Hayden = 451
• Notes and Questions = 458
• United States v. Doe = 476
• Braswell v. United States = 482
• Notes and Questions = 497
• CHAPTER 7. THE FOURTH AMENDMENT = 499
• Amsterdam, Perspectives on the Fourth Amendment = 499
• Katz v. United States = 501
• Notes and Questions = 510
• United States v. White = 512
• Notes and Questions = 517
• 2. Open Fields and Curtilage = 521
• Oliver v. United States = 521
• Notes and Questions = 526
• 3. Aerial Surveillance = 529
• Florida v. Reilly = 529
• Notes and Questions = 539
• 4. The Reach of the Fourth Amendment in Other Contexts = 540
• B. The Exclusionary Rule: A Preliminary Inquiry = 544
• Wolf v. Colorado = 546
• Notes and Questions = 552
• Mapp v. Ohio = 553
• Notes and Questions = 564
• C. Probable Cause and the Warrant Process = 565
• 1. The Meaning of Probable Cause = 566
• 2. Probable Cause Based on Information from Informants and Other Third Persons = 568
• Spinelli v. United States = 569
• Notes and Questions = 579
• Illinois v. Gates = 584
• Notes and Questions = 595
• 3. The Warrant Process in General = 599
• a. The Oath Requirement = 599
• b. The Magistrate = 600
• c. The Particularity Requirement = 600
• d. Timing of Execution = 602
• e. The Knock and Announce Requirement = 603
• f. Dealing with People on the Premises = 604
• g. Reexamination of the Probable Cause Determination = 605
• 4. The Warrant Process for Interception of Oral Communication = 607
• D. Exceptions to the Warrant and Probable Cause Requirements = 609
• 1. The Relationship Between Reasonableness and the Warrant Requirement: Warrantless Searches and Seizures with Probable Cause = 609
• a. Exigent Circumstances Generally = 609
• Warden, Maryland Penitentiary v. Hayden = 609
• Notes and Questions = 611
• b. Exigency, Privacy, and Bright Line Test: The Search and Seizure of Automobiles and Containers = 614
• Chambers v. Maroney = 616
• Notes and Questions = 620
• United States v. Ross = 627
• Notes and Questions = 637
• c. The Plain View Doctrine = 638
• Horton v. California = 638
• Notes and Questions = 645
• d. Arrest and Entry to Arrest = 647
• Notes and Questions = 648
• Payton v. New YorK = 650
• Notes and Questions = 656
• 2. The Relationship Between Reasonableness and Probable Cause: The Sliding Scale Approach to Probable Cause = 665
• Camara v. Municipal Court of the City & County of San Francisco = 666
• Notes and Questions = 670
• New YorK v. Burger = 674
• 3. The Relationship Between Reasonableness and Probable Cause: The Sliding Scale Approach to the Reasonableness of Warrantless Searches and Seizures = 684
• a. Stop and Frisk = 684
• Terry v. Ohio = 684
• Notes and Questions: Terry, Sibron, and Peters = 698
• Notes and Questions: The Scope of the Terry Doctrine = 699
• Notes and Questions: The Meaning of Articulable Suspicion = 702
• Notes and Questions: The Meaning and Scope of "Stop" and "Frisk" = 706
• Notes and Questions: Application of the Terry Doctrine = 713
• b. Search Incident to Arrest = 720
• Chimel v. California = 721
• Notes and Questions = 728
• United States v. Robinson = 729
• Notes and Questions = 737
• New York v. Belton = 739
• Notes and Questions = 742
• c. Inventory Searches = 747
• Colorado v. Bertine = 747
• Notes and Questions = 753
• d. Border and Highway Safety Regulations = 755
• Delaware v. Prouse = 759
• Notes and Questions = 763
• Michigan Dept. of State Police v. Sitz = 764
• Notes and Questions = 768
• e. The Seizure and Search of Persons Present at Searched Premises = 769
• Ybarra v. Illinois = 769
• Notes and Questions = 773
• Michigan v. Summers = 775
• Notes and Questions = 780
• f. Protective Sweeps and Other "Minor" Intrusions = 781
• Maryland v. Buie = 781
• Notes and Questions = 784
• New York v. Class = 785
• Notes and Questions = 793
• Arizona v. Hicks = 794
• Notes and Questions = 796
• g. Other Applications of the Sliding Scale Approach to Reasonableness = 798
• 4. The Relationship Between Reasonableness and Probable Cause: Sliding the Other Way? = 810
• Zurcher v. Stanford Daily = 811
• Notes and Questions = 818
• Tennessee v. Garner = 819
• Notes and Questions = 825
• E. Consent and Private Searches = 829
• Schneckloth v. Bustamonte = 829
• Notes and Questions = 836
• Illinois v. Rodriguez = 837
• Notes and Questions on Rodriguez = 839
• Notes and Questions on Private Searches = 840
• F. Enforcing the Fourth Amendment = 843
• American Bar Association Special Commiitee on Criminal Justice in a Free Society, Criminal Justice in Crisis = 844
• 1. The Relationship Between the Right and the Remedy: Fourth Amendment "Standing" = 847
• Kuhns, The Concept of Personal Aggrievement in Fourth Amendment Standing Cases = 848
• Rakas v. Illinois = 853
• Notes and Questions = 861
• Rawlings v. Kentucky = 862
• Notes and Questions = 866
• 2. The Fruit of the Poisonous Tree Doctrine = 867
• a. The Development of the Doctrine = 867
• b. Some Varieties of Fruits = 869
• Brown v, Illinois = 869
• Notes and Questions = 871
• United States v. Ceccolini = 872
• United States v. Crews = 877
• Notes and Questions = 882
• c. The Independent Source Rule = 884
• Murray v. United States = 884
• Notes and Questions = 887
• 3. Grand Jury Testimony = 888
• 4. Habeas Corpus = 888
• 5. Good Faith = 891
• United States v. Leon = 891
• Notes and Questions = 902
• 6. Illegal but Not Unconstitutional Activity = 907
• 7. Noncrimmal Proceedings and Private Searches = 907
• 8. Alternatives to the Exclusionary Rule = 908
• CHAPTER 8. ENTRAPMENT, DUE PROCESS, AND THE SUPERVISORY POWER―ALTERNATIVES TO THE FOURTH AMENDMENT FOR REGULATING POLICE UNDERCOVER ACTIVITIES = 915
• A. Entrapment = 917
• United States v. Russell = 917
• Notes and Questions = 927
• B. Due Process = 931
• Notes and Questions = 935
• C. The Supervisory Power = 937
• United. States y.Payner = 938
• Notes and Questions = 941
• D. Police Inducements or Public Officials = 943
• CHAPTER 9. THE FIFTH AMENDMENT = 947
• A. The Scope of the Fifth Amendment = 947
• Counselman v. Hitchcock = 949
• Brown v. Walker = 952
• Kastigar v. United States = 965
• Ullmann v. United States = 980
• Notes and Questions = 989
• United States v. Ward = 995
• Notes and Questions = 999
• B. Limits on the Privilege = 1000
• New Jersey v. Portash = 1000
• United States v. Apfelbaum = 1007
• Notes and Questions = 1018
• Marchetti v. United States = 1019
• California v. Byers = 1033
• South Dakota v. Neville = 1050
• Doe v. United States = 1055
• Baltimore City Dept. of Social Services v. Bouknight = 1065
• Notes and Questions = 1078
• C. Police Interrogation = 1084
• 1. Police Interrogation and the Miranda Revolution = 1084
• Bram v. United States = 1086
• Massiah v. United States = 1096
• Escobedo v. Illinois = 1103
• Miranda v. Arizona = 1105
• Notes and Questions = 1148
• Watts v. Indiana = 1151
• Kauper, Judicial Examination of the Accused―A Remedy of the Third Degree = 1154
• 2. The Scope of Miranda = 1156
• a. What Is "Interrogation"? = 1156
• Rhode Island v. Innis = 1156
• Notes and Questions = 1165
• Pennsylvania v. Muniz = 1166
• b. What Is "Custody"? = 1181
• Minnesota v. Murphy = 1182
• c. Police Trickery: Implications for the Meaning of "Interrogation" and "Custody" = 1196
• Illinois v. Perkins = 1196
• d. Adequacy of the Warnings Given = 1207
• e. Waiver = 1208
• Moran v. Burbine = 1209
• Notes and Questions = 1223
• f. The Implications of Invoking the Right to Remain Silent or of Counsel = 1224
• Michigan v. Mosley = 1224
• Edwards v. Arizona = 1227
• Wyrick v. Fields = 1231
• Oregon v. Bradshaw = 1233
• Notes and Questions = 1239
• g. The Right to Counsel Revisited = 1243
• Brewer v. Williams = 1243
• Notes and Questions = 1263
• Kuhlman v. Wilson = 1264
• Michigan v. Jackson = 1270
• h. Return to Voluntariness = 1277
• New York v. Quarles = 1281
• Oregon v. Elstad = 1296
• Colorado v. Connelly = 1313
• CHAPTER 10. THE ADMINISTRATION OF THE EXCLUSIONARY RULE = 1329
• A. The Ruling on Admissibility―The Suppression Process = 1329
• B. Impeachment with Unconstitutionally Obtained Evidence = 1333
• Walder v. United States = 1333
• Harris v. New York = 1336
• Notes and Questions = 1338
• United States v. Havens = 1343
• Notes and Questions = 1349
• C. Harmless Constitutional Error = 1350
• Harrington v. California = 1352
• Notes and Quesitions = 1356
• D. Inevitable Discovery = 1358
• Nix v. Williams = 1359
• Notes and Questions = 1363
• APPENDIX A. UNITED STATES CONSTITUTION (SELECTED PROVISIONS) = 1369
• APPENDIX B. FEDERAL RULES OF CRIMINAL PROCEDURE FOR THE UNITED STATES DISTRICT COURTS (SELECTED PROVISIONS) = 1373
• Table of Cases = 1387
• Table of Authorities = 1395
• Index = 1409