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Author: Tina M. Fielding Fryling Publisher: Aspen Publishing ISBN: 1543858562 Category : Law Languages : en Pages : 664
Book Description
Practitioner and Educator, Tina Fryling Presents a Pragmatic and Accessible Approach to Constitutional Law for Criminal Justice Students Constitutional Law in Criminal Justice, Third Edition presents the constitutional provisions most directly related to criminal law and procedure and demonstrates their daily impact on the attitudes, capabilities, events, and responses of legal professionals in policing, courtrooms, and federal agencies. The U.S. Constitution guides every facet of the investigation of crime and of threats to public safety and national security. To further readers’ understanding of the nature of these procedures, this book examines both the Constitution’s relevant provisions and the central developments in their interpretation by the Supreme Court and other U.S. courts. Vivid examples of the situations faced by practitioners on a daily basis bring the complexities of criminal law to life. New to the Third Edition: Expanded discussions of strict scrutiny, stop and frisk, cell phone privacy, the Strickland Test, and First Amendment protections in social media and campaign financing. New cases cover: the interpretation of the attempt to restrain an individual as a seizure (Torres v. Madrid) searches based on “common sense” and making a “logical inference” (Kansas v. Glover) hot pursuit and entry into a building (Lange v. California) the “community caretaking exception” to the Fourth Amendment (Caniglia v. Strom) the Establishment Clause and schools (Kennedy v. Bremerton School District and Carson v. Makin) the primacy of Second Amendment rights (New York State Rifle and Pistol Ass’n. v. Bruen) New scenarios for “You Be the Judge” and featured cases. Professors and students will benefit from: “You Be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers’ interests, perspectives, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals. The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding
Author: John C. Klotter Publisher: ISBN: Category : Political Science Languages : en Pages : 198
Book Description
New areas covered by the latest edition of this work include liability for failure to follow guidelines and limitations on police power. Among the topics discussed are detention without probable cause, arrest with and without a warrant, rules for questioning a subject, use of force in making arrests, search and seizure with and without a warrant and pre-trial identification guidelines.
Author: Tina M. Fielding Fryling Publisher: Aspen Publishing ISBN: 1543820794 Category : Law Languages : en Pages : 721
Book Description
Constitutional Law in Criminal Justiceprovides readers with a detailed view of how the Constitution guides the actions of law enforcement officials, including police officers, judges, attorneys, and other court-related personnel. The text covers all amendments related to criminal procedure, with an emphasis on search and seizure rules and how courts interpret those rules. The text gives the history of each amendment, how the Supreme Court has interpreted each amendment, and how professionals in the criminal justice system execute the provisions of the amendments. “You Be the Judge” scenarios encourage students’ assessment of the many ways given facts relate to the Constitution. New to the Second Edition: Expanded section on methods of interpreting the Constitution New cases cover: vehicle searches (Riley v. California) blood and breath tests (Birchfield v. North Dakota) monitoring technology (Grady v. North Carolina) Updated cases in the areas of gun control and first amendment issues Professors and students will benefit from: “You be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers’ interest, perspective, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding
Author: Robert Henley Woody Publisher: Charles C Thomas Publisher ISBN: 0398076529 Category : Law Languages : en Pages : 183
Book Description
This book aims to provide critical information about the U.S. Constitution, with special emphasis on search and seizure. It will help law enforcement officers to increase their legal knowledge about search and seizure and create a framework for effective problem solving and decision making in the field. It is practically written and focuses on practical ideas. To help the reader develop analytic abilities for practice, brief quotations from U.S. Supreme Court cases reveal legal reasoning by justices. An important feature of the book is the translation of the U.S. Supreme Court cases into practical guidance. Captions for sections allow the reader to locate materials on topics of concern, such as conducting search and seizure in a particular context. The organization of the book facilitates both learning and teaching. There are also legal and criminal justice terms that are defined for the reader. Close to one hundred U.S. Supreme Court cases are reviewed, and a list of cases by chapter is also provided. It will be useful to not only trainees and students but also to experienced veterans in providing an in-depth understanding of the Fourth Amendment and the underlying principles, which is essential for making effective judgments in real-life law enforcement situations. It also provides attorneys, forensic specialists, and law enforcement personnel already in the field with valuable information for professional development.
Author: Joseph F. Zimmerman Publisher: Lexington Books ISBN: 0739198076 Category : Political Science Languages : en Pages : 177
Book Description
Congress in the latter part of the nineteenth century decided to enact a series of statutes facilitating state enforcement of their respective criminal laws. Subsequently, Congress enacted statutes federalizing what had been solely state crimes, thereby establishing federal court and state court concurrent jurisdiction over these crimes. Federalization of state crimes has been criticized by numerous scholars, U.S. Supreme Court justices, and national organizations. Such federalization has congested the calendars of the U.S. District Court and the U.S. Court of Appeals leading to delays in civil cases because of the Speedy TrialAct that vacates a criminal indictment if a trial is not commenced within a specific number of days, resulted in over-crowded U.S. penitentiaries, and raises the issue of double jeopardy that is prohibited by the Fifth Amendment to the U.S. Constitution and the constitution of each state. This book examines the impact of federalization of state crime and draws conclusions regarding its desirability. It also offers recommendations directed to Congress and the President, one recommendation direct to state legislatures for remedial actions to reduce the undesirable effects of federalized state crimes, and one recommendation that Congress and all states enter into a federal-interstate criminal suppression compact.
Author: Stephen E Henderson Publisher: Independently Published ISBN: Category : Languages : en Pages : 752
Book Description
Suitable for the American law school classroom or self-study, this book is about the criminal attorney-what the federal Constitution says prosecutors and defense attorneys can and cannot do in the adjudication of crime. It is also critically about what those actors _ought_ to do in the adjudication of crime. The text proceeds as chronologically as possible through the process of a prosecution, beginning with pretrial release and the charging decision, considering trial preparation and the right to counsel, turning to the jury and then the defense, stepping back to consider guilty pleas and plea bargaining, and finishing off with double jeopardy and sentencing.
Author: Sharon Dolovich Publisher: NYU Press ISBN: 1479831549 Category : Law Languages : en Pages : 356
Book Description
A vital collection for reforming criminal justice After five decades of punitive expansion, the entire U.S. criminal justice system— mass incarceration, the War on Drugs, police practices, the treatment of juveniles and the mentally ill, glaring racial disparity, the death penalty and more — faces challenging questions. What exactly is criminal justice? How much of it is a system of law and how much is a collection of situational social practices? What roles do the Constitution and the Supreme Court play? How do race and gender shape outcomes? How does change happen, and what changes or adaptations should be pursued? The New Criminal Justice Thinking addresses the challenges of this historic moment by asking essential theoretical and practical questions about how the criminal system operates. In this thorough and thoughtful volume, scholars from across the disciplines of legal theory, sociology, criminology, Critical Race Theory, and organizational theory offer crucial insights into how the criminal system works in both theory and practice. By engaging both classic issues and new understandings, this volume offers a comprehensive framework for thinking about the modern justice system. For those interested in criminal law and justice, The New Criminal Justice Thinking offers a profound discussion of the complexities of our deeply flawed criminal justice system, complexities that neither legal theory nor social science can answer alone.
Author: National Academies of Sciences, Engineering, and Medicine Publisher: National Academies Press ISBN: 0309467136 Category : Law Languages : en Pages : 409
Book Description
Proactive policing, as a strategic approach used by police agencies to prevent crime, is a relatively new phenomenon in the United States. It developed from a crisis in confidence in policing that began to emerge in the 1960s because of social unrest, rising crime rates, and growing skepticism regarding the effectiveness of standard approaches to policing. In response, beginning in the 1980s and 1990s, innovative police practices and policies that took a more proactive approach began to develop. This report uses the term "proactive policing" to refer to all policing strategies that have as one of their goals the prevention or reduction of crime and disorder and that are not reactive in terms of focusing primarily on uncovering ongoing crime or on investigating or responding to crimes once they have occurred. Proactive policing is distinguished from the everyday decisions of police officers to be proactive in specific situations and instead refers to a strategic decision by police agencies to use proactive police responses in a programmatic way to reduce crime. Today, proactive policing strategies are used widely in the United States. They are not isolated programs used by a select group of agencies but rather a set of ideas that have spread across the landscape of policing. Proactive Policing reviews the evidence and discusses the data and methodological gaps on: (1) the effects of different forms of proactive policing on crime; (2) whether they are applied in a discriminatory manner; (3) whether they are being used in a legal fashion; and (4) community reaction. This report offers a comprehensive evaluation of proactive policing that includes not only its crime prevention impacts but also its broader implications for justice and U.S. communities.
Author: Jennifer M. Brown Publisher: Routledge ISBN: 1136758844 Category : Social Science Languages : en Pages : 553
Book Description
The police service in England and Wales is facing major challenges in its financing, political oversight and reorganisation of its structures. Current economic conditions have created a wholly new environment whereby cost saving is permitting hitherto unthinkable changes in the style and means of delivery of policing services. In the context of these proposed changes Lord Stevens, formerly Commissioner of the Metropolitan Police Service was asked to chair an Independent Commission looking into the future of policing. The Commission has a wide ranging remit and the papers in this book offer up-to-date analysis of contemporary problems from the novel perspective of developing a reform agenda to assist the Commission. Bringing together contributions from both key academic thinkers and police professionals, this book discusses new policing paradigms, lays out a case for an evidence-based practice approach and draws attention to developing areas such as terrorism, public order and hate crime. Policing is too important to be left to politicians, as the health of a democracy may be judged by the relationship between the police and the public. The aim of this book is to question and present analyses of problems offer new ideas and propose realistically achievable solutions without being so timid as to preserve the status quo. It will be of interest to both academics and students in the fields of criminology and policing studies, as well as professionals in the policing service, NGOs and local authority organisations.
Author: United States Publisher: ISBN: Category : Law Languages : en Pages : 1146
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author: Tina M. Fielding Fryling
Author: John C. Klotter
Author: Tina M. Fielding Fryling
Author: Robert Henley Woody
Author: Joseph F. Zimmerman
Author: Stephen E Henderson
Author: Sharon Dolovich
Author: National Academies of Sciences, Engineering, and Medicine
Author: Jennifer M. Brown
Author: United States. Department of Justice
Author: United States