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Fundamentals of Criminal Procedure
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Fundamentals of Criminal Procedure
Caught in the Act

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July 2023 | 424 pages | SAGE Publications, Inc
With a new approach to understanding criminal procedure, Fundamentals of Criminal Procedure by Daniel Hall rethinks the traditional format by providing students with a thorough understanding of the constitutional and procedural dimensions of a criminal case from investigation through sentencing. Through real-life cases, contemporary examples, and questions and problems in topical sections, students are able to relate to the content and apply what they learn. With a focus on current challenges facing the criminal justice system, including police accountability and governmental power during national emergencies, this timely book is a valuable asset to any course seeking to give students a better-than-formative understanding of criminal procedure.

 
Chapter 1: Overview of Criminal Procedure
Introduction to Criminal Procedure

 
Let’s Make a Deal: The Social Contract

 
The Criminal Justice System, or Is It Systems?

 
Competition, not Cooperation: Adversarial System

 
Lay Down the Law: Sources of Criminal Procedure

 
We the People: The Constitution and Criminal Procedure

 
On the Right[s] Side of the Law

 
The Process

 
The People in the Process

 
In a Nutshell

 
Key Terms

 
 
Chapter 2: Courts of Law, Not Justice
Order in the Court System

 
Courts of Law, Not Justice

 
Robes and Hats

 
Poisonous Trees and Their Fruit

 
In a Nutshell

 
Key Terms

 
 
Chapter 3: To Be Let Alone: The Fourth Amendment
Who Is Controlled: State Action

 
Who Is Protected and What Is Protected

 
When Is There a Search?: People and Places

 
What is a Seizure?

 
Suspicious Minds: The Fourth Amendment Pyramid

 
Righting the Wrong: Fourth Amendment Violations

 
The Weakest Link: Fourth Amendment Analysis

 
In a Nutshell

 
Key Terms

 
 
Chapter 4: An Exception to Every Rule: Fourth Amendment
Consent

 
Stop and Frisk

 
Plain View and Touch

 
Search Incident to Arrest

 
Exigencies

 
Open Fields

 
Border Searches

 
In the Corrections Context

 
Administrative and School Searches

 
In a Nutshell

 
Key Terms

 
 
Chapter 5: In the Driver’s Seat: Car Searches and Seizures
Putting the Brakes On: Car Stops

 
Car Searches

 
Drivers and Passengers

 
Happy Camper

 
In a Nutshell

 
Key Terms

 
 
Chapter 6: Good Cop, Bad Cop: Interrogations & Confessions
The Problem: Wrongful Convictions and False Confessions

 
The Reality: Innocent People Confess

 
The Law: One Step Behind

 
In a Nutshell

 
Key Terms

 
 
Chapter 7: Seeing is Believing: Eyewitness and Forensic Evidence
The Problem: Eyewitness Misidentification

 
The Solution: Blinded by the Science

 
A Trace Behind: Forensic Science

 
In a Nutshell

 
Key Terms

 
 
Chapter 8: Process is Punishment: Pretrial
The Investigation

 
Getting Formal

 
Arraignment and Plea Bargaining

 
Discovery

 
Motion Practice

 
In a Nutshell

 
Key Terms

 
 
Chapter 9: Hear ye, hear ye: Trial
Fire, Water, and Combat

 
Jury Trial

 
Say It to My Face: Confrontation and Cross-Examination

 
Beyond a Reasonable Doubt

 
Counsel

 
Trial Procedure

 
In a Nutshell

 
Key Terms

 
 
Chapter 10: Do the Crime, Do the Time: Sentencing and Punishment
To What End? Purposes of Punishment

 
Don’t Be a Pain: The Eighth Amendment

 
Methods of Punishment

 
The Sentencing Process

 
In a Nutshell

 
Key Terms

 
 
Chapter 11: Constitutional Kitchen Sink: Other Rights
Enumerated Rights: The First Amendment

 
Enumerated Rights: The Second Amendment and Other Enumerated Rights

 
Unenumerated Rights

 
In a Nutshell

 
Key Terms

 
 
Chapter 12: Police Accountability Through Liability
The Facts and Figures of Civil Liability

 
Overview of Civil Liability

 
State and Federal Claims

 
In a Nutshell

 
Key Terms

 
Key features
  • This text is available in Sage Vantage, an intuitive learning platform that integrates quality Sage textbook content with assignable multimedia activities and auto-graded assessments to drive student engagement and ensure accountability. Unparalleled in its ease of use and built for dynamic teaching and learning, Vantage offers customizable LMS integration and best-in-class support.
  • Non-traditional headings, contemporary examples, and hypothetical situations throughout each chapter engage the reader and provide opportunity for application of the content, making this text relatable to college students of the 2020s.
  • A conversational narrative aimed for undergraduate students is designed to talk to them, rather than down to them.
  • “Digging Deeper" case excerpts in each chapter supplement the narrative and enhance the reader's understanding of the fundamentals.
  • Questions and problems presented at the end of each major section prompt critical thinking and provide discussion points.
  • Graphics, data tables, and photos enhance the reading and illustrate key points within each chapter.
  • Narrative discussions include specific listings of the crimes’ elements to frame the narratives and can be used as a quick refresher for students who return to the material later.
  • Legal terms are defined as they are encountered for the first time to help orient students.
  • The writing style is accessible and student-friendly, but not at the expense of learning. Students are eased into more challenging material.
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