Table of Contents

Preface

Chapter 1 The Law of Criminal Procedure: Of Means and Ends
1.1 The Challenges of Criminal Procedure Law
1.2 Criminal Procedure Law in Action: A Case Study
1.2A Briefing a Case
1.2B In the U.S. Supreme Court: Brewer v. Williams
1.3 Additional Means-Ends Problems
1.3A Carl B. Klockars, "The Dirty Harry Problem"
1.3B Leon v. State
1.3C Brown v. Mississippi
1.3D Rochin v. California
1.3E Herbert L. Packer, The Limits of the Criminal Sanction
1.4 Conclusion

Chapter 2 Building Blocks for the Study of Criminal Procedure Law
2.1 On Courts and Constitutions: State and Federal Relationships
2.1A The State and Federal Court Systems
2.1B The Bill of Rights of the U.S. Constitution and Its Application to the States
2.1C The New Federalism: State Constitutions and Criminal Procedure Law
2.2 A Word about Legal Research Techniques
2.2A Legal Research Notes
2.3 Conclusion

Chapter 3 The Law of Search and Seizure
3.1 On “Searches,” “Seizures,” and Warrant Requirements
3.1A Searches and Reasonable Expectations of Privacy
3.1B Seizures: Possessory Interests
3.1C The General Interests Protected by the Warrant Clause
3.2 The Exclusionary Rule
3.2A Origins and Evolution of the Exclusionary Rule
3.2B The Good-Faith Exception to the Exclusionary Rule
3.2C Fruit of the Poisonous Tree
3.2D Inevitable Discovery
3.3 Standing
3.4 Arrest and “Stop and Frisk”
3.4A Arrests
3.4B Stop and Frisk
3.5 The Search Warrant “Requirement”
3.5A Probable Cause to Search
3.5B The Particularity Requirement
3.5C Execution of a Search Warrant
3.6 Exceptions to the Warrant “Requirement”
3.6A Search Incident to Lawful Arrest
3.6B Consent Searches
3.6C Hot Pursuit and Other Exigencies
3.6D Plain View
3.6E The Automobile Exception and Inventory “Searches”
3.7 Conclusion

Chapter 4 Interrogation, Confessions, and Self-Incrimination
4.1 The Road to Miranda v. Arizona
4.1A Involuntary Confessions
4.1B The McNabb-Mallory Rule
4.1C The Right to Counsel: Massiah and Escobedo
4.2 Miranda and Its Progeny
4.2A Miranda v. Arizona
4.2B “In Custody”
4.2C Interrogation
4.2D The Miranda Warnings
4.2E Invocation of the Miranda Rights
4.2F The Waiver of Miranda Rights
4.2G Impeachment
4.2H “Voluntariness” Revisited
4.2I The Public Safety Exception
4.2J Nontestimonial Evidence
4.3 The Sixth Amendment Right to Counsel and Its Application to Confessions
4.3A The Meaning of “Deliberately Elicit”
4.3B Invocation and Waiver of the Sixth Amendment Right to Counsel
4.4 Conclusion

Chapter 5 Eyewitness Identification
5.1 The Right to Counsel at Pretrial Identification Procedures
5.1A United States v. Wade
5.1B Kirby v. Illinois
5.1C United States v. Ash
5.2 The Due-Process Approach
5.2A Manson v. Brathwaite
5.3 Expert Testimony Regarding Eyewitness Identification
5.3A State v. Chapple
5.4 Conclusion

Chapter 6 The Pretrial Process
6.1 The Initial Appearance
6.2 Bail and Preventive Detention
6.3 Preliminary Hearings
6.4 Grand Jury Proceedings
6.4A Composition of the Grand Jury
6.4B Evidence Presented to the Grand Jury
6.5 Conclusion

Chapter 7 The Prosecutor and the Adversarial System
7.1 The Prosecutor’s Duty To Do Justice
7.2 The Prosecutor’s Charging Discretion
7.2A Selective Prosecution
7.2B Vindictive Prosecutions
7.3 Perjured Testimony and Exculpatory Evidence: The Prosecutor’s Duty
7.3A The Knowing Use of Perjured Testimony
7.3B The Duty To Disclose Evidence Material to the Defense
7.3C Is There a Duty for the Police To Preserve Potentially Exculpatory Evidence?
7.4 Conclusion

Chapter 8 The Accused’s Right to Counsel
8.1 The Right to Counsel: Trial and Beyond
8.1A The Road to Gideon
8.1B The Right To Court-Appointed Trial Counsel: Beyond Gideon
8.1C Does the Right to Court-Appointed Counsel Extend beyond Trial?
8.1D A Right of Self-Representation?
8.2 The Role of Defense Counsel: Obligations and Limits
8.2A Zealous Advocacy
8.2B Guilty Clients and Hard Questions
8.2C Ineffective Assistance of Counsel
8.3 Conclusion

Chapter 9 Guilty Pleas and Plea Bargaining
9.1 The Guilty Plea and the Constitution
9.1A Boykin v. Alabama
9.2 Alford Pleas and the “Innocent” Defendant
9.2A North Carolina v. Alford
9.3 Plea Bargaining and the Constitution
9.3A Brady v. United States
9.4 Broken Promises
9.4A Santobello v. New York
9.5 The Scope of Prosecutorial Discretion in Plea Bargaining
9.5A Kipnis, “Plea Bargaining: A Critic’s Rejoinder”
9.6 Conclusion

Chapter 10 The Adjudication Process
10.1 The Right to a Speedy Trial
10.1A United States v. Marion
10.1B Barker v. Wingo
10.1C Doggett v. United States
10.2 Competency To Stand Trial
10.2A Cooper v. Oklahoma
10.3 The Burden of Persuasion
10.3A In re Winship
10.4 Trial by Jury
10.4A The Right to an Impartial Jury: Pretrial Publicity
10.4B Jury Selection
10.4C Size of the Trial Jury
10.4D Is a Unanimous Verdict Required?
10.4E Burch v. Louisiana
10.5 Testimonial Rights of the Defendant
10.5A The Right To Refrain from Testifying
10.5B The Right To Testify
10.6 Confrontation and Cross-Examination
10.6A “Face-to-Face” Confrontation
10.6B Cross-Examination As a Means of Confrontation
10.6C The Defendant’s Right To Be Present during the Trial
10.7 Double Jeopardy
10.7A Multiple Prosecutions for the Same Offense
10.7B Multiple Punishments for a Single Offense
10.7C The Dual-Sovereignty Doctrine
10.8 Conclusion

Appendix A Legal Research Guide
Appendix B Select Provisions of the U.S. Constitution
Index