Criminal Procedure
- Matthew Lippman - University of Illinois at Chicago, USA, John Marshall Law School in Chicago
Criminal Procedure
This contemporary, comprehensive, case-driven textbook from award-winning professor Matthew Lippman combines clear explanations of foundational concepts with thought-provoking examples to encourage students to think critically about legal principles and apply the rules of law to criminal procedure. Organized around the challenge of striking a balance between rights and liberties, Criminal Procedure, Fourth Edition emphasizes diversity and its impact on how laws are enforced. Built-in learning aids, including You Decide scenarios, Legal Equations, and Criminal Procedure in the News features, engage students and help them master key concepts.
New to This Edition
- New U.S. Supreme Court cases help students understand the significant impact the recent decisions have on society, such as United States v. Carpenter, which raised important questions around police use of new technology. Other new cases address important issues including privacy, racial discrimination and effective assistance of counsel, search and seizure, juries, plea bargaining, the exclusionary rule, pretrial motions, and habeas corpus.
- Updated Criminal Procedure in the News and You Decide features keep students engaged in the content by connecting core concepts to contemporary developments in topics ranging from police use of deadly force, the Second Amendment and gun control, racial bias in jury deliberations, searches of electronic devices, and much more.
- New and expanded topics in criminal procedure encourage students to reflect on their growing impact. These topics include technology and the home, patterns and trends of Terry stops in major cities across the United States, racial bias in the judiciary, and the impact of the policies of the Trump administration on the use of drones, the detention of undocumented immigrants, and more.
- Each chapter now opens with a new Test Your Knowledge feature that encourages active reading and prepares students for the material that follows.
Give your students the SAGE edge!
SAGE edge offers a robust online environment featuring an impressive array of free tools and resources for review, study, and further exploration, keeping both instructors and students on the cutting edge of teaching and learning. Learn more at edge.sagepub.com/lippmancp4e
| Introduction |
| Criminal Law and Criminal Procedure |
| Balancing Security and Rights |
| The Objectives of Criminal Procedure |
| The Criminal Justice Process |
| Sources of the Law of Criminal Procedure |
| The Structure of the Federal and State Court Systems |
| Precedent |
| Judicial Philosophy |
| Law in Action and Law on the Books |
| Introduction |
| The Sources of Criminal Procedure |
| The U.S. Constitution |
| The U.S. Supreme Court |
| State Constitutions and Court Decisions |
| Federal and State Statutes |
| Rules of Criminal Procedure |
| A Model Code of Pretrial Procedure |
| The Development of Due Process |
| The Fourteenth Amendment |
| Fundamental Fairness |
| Total Incorporation |
| Selective Incorporation |
| Equal Protection |
| The Impact of Supreme Court Decisions |
| Two Models of Criminal Procedure |
| Why Criminal Procedure Matters |
| Introduction |
| The Historical Background of the Fourth Amendment |
| Searches |
| Informants and Electronic Eavesdropping |
| Plain View |
| Expectation of Privacy |
| Open Fields and Curtilage |
| Curtilage and Aerial Surveillance |
| Public Places and Private Businesses |
| Abandoned Property |
| Technology and the Home |
| Technology and Cell-Site Location Information |
| Seizures of Persons |
| Introduction |
| Reasonable Suspicion |
| Informants and Hearsay |
| Drug Courier Profiles |
| Race and Reasonable Suspicion |
| The Scope and Duration of a Terry Stop |
| Frisks |
| Introduction |
| Arrests |
| Probable Cause |
| Reasonableness and Arrests |
| Probable Cause, Warrants, and the Courts |
| Arrests and Warrants |
| Arrests in the Home |
| Exigent Circumstances |
| Deadly Force and Arrests |
| Nondeadly Force |
| Misdemeanor Arrests and Citations |
| Introduction |
| Search Warrants |
| Knock and Announce |
| Warrantless Searches |
| Searches Incident to an Arrest |
| Searches Incident to an Arrest and the Contemporaneous Requirement |
| Searches of the Area of Immediate Control and Automobiles |
| Misdemeanors and Searches Incident to an Arrest |
| Pretext Arrests and Searches Incident to an Arrest |
| Consent Searches |
| The Scope of a Consent Search |
| Withdrawal of Consent |
| Third-Party Consent |
| Probable Cause Searches of Motor Vehicles |
| Probable Cause Searches of Containers in Automobiles |
| Other Warrantless Searches |
| Inventories |
| Introduction |
| Administrative Inspections |
| Special-Needs Searches |
| International Borders |
| Motor Vehicle Checkpoints |
| Airport Screening |
| Workplace Drug Testing |
| Searches in High Schools |
| Probation and Parole |
| Correctional Institutions |
| Introduction |
| Due Process |
| The McNabb–Mallory Rule |
| Escobedo v. Illinois |
| The Right Against Self-Incrimination |
| Custodial Interrogation |
| The Public Safety Exception |
| The Miranda Warnings |
| Invoking the Miranda Rights |
| Waiver |
| Waiver: Question First and Warn Later |
| Waiver Following Invocation of the Miranda Rights |
| Interrogation |
| Sixth Amendment Right to Counsel: Police Interrogations |
| Introduction |
| Wrongful Convictions and Eyewitness Identification |
| The Sixth Amendment and Eyewitness Identifications |
| The Sixth Amendment and Prearraignment Identifications |
| The Sixth Amendment and Photographic Displays |
| The Due Process Test |
| Suggestiveness, Reliability, and the Totality of the Circumstances |
| The Requirement of Police Involvement |
| Scientific Identification |
| DNA Evidence |
| Polygraph Evidence |
| Introduction |
| The Exclusionary Rule |
| Debating the Exclusionary Rule |
| Invoking the Exclusionary Rule |
| Exceptions to the Exclusionary Rule |
| Does the Exclusionary Rule Deter Unreasonable Searches and Seizures? |
| Entrapment |
| Introduction |
| Civil Remedies |
| Section 1983 Legal Actions Against Local and State Law Enforcement Officers |
| Violation of Federal Constitutional and Statutory Rights |
| Individual Liability Under Section 1983 |
| Absolute and Qualified Immunity |
| The Affirmative Duty to Protect |
| The Liability of Local Government Entities Under Section 1983 |
| Injunctions |
| Pattern or Practice of the Deprivation of Constitutional Rights |
| State Tort Remedies Against Law Enforcement Officers |
| Remedies for Constitutional Violations by Federal Law Enforcement Officers |
| Criminal Prosecutions |
| Administrative Remedies |
| Internal Affairs |
| External Review |
| Introduction |
| The Prosecutorial Discretion to Charge |
| Pretrial Release |
| Pretrial Detention |
| Indigency and the Right to Counsel |
| Right to Counsel and Critical Stages of Prosecution |
| The Meaning of “All Criminal Prosecutions” |
| Determining Indigency |
| The Right to Select an Appointed Counsel |
| The Right to Effective Legal Representation |
| The Right to Self-Representation |
| Introduction |
| Preliminary Hearing |
| Grand Jury |
| Arraignment |
| Pretrial Motions |
| Constitutional Right to a Jury Trial |
| The Twelve-Member Jury Requirement |
| Jury Selection |
| Peremptory Challenges |
| Challenges to Judges |
| Public Trial |
| The Trial |
| Opening Statement |
| Presentation of Evidence |
| Confrontation |
| Cross-Examination |
| Hearsay |
| Compulsory Process |
| Burden of Proof |
| Reasonable Doubt |
| Closing Arguments |
| Jury Instructions |
| Jury Deliberations |
| Jury Unanimity |
| Jury Nullification |
| Guilty Pleas |
| Introduction |
| A Brief History of Sentencing in the United States |
| Criminal Punishment |
| Purposes of Punishment |
| Types of Punishment |
| Approaches to Sentencing |
| The Judicial Sentencing Process |
| Sentencing Guidelines |
| Determinate Sentences |
| Cruel and Unusual Punishment |
| Methods of Punishment |
| Capital Punishment |
| The Eighth Amendment and Sentences for a Term of Years |
| The Eighth Amendment and Life Imprisonment for Juveniles |
| Equal Protection |
| Criminal Appeals |
| Habeas Corpus |
| Introduction |
| Electronic Surveillance |
| Sneak-and-Peek Searches |
| Information and Records |
| Detention of Noncitizens |
| Material Witness Warrants |
| Monitoring of Attorney–Client Communications |
| Watch List |
| State Secrets Doctrine |
| Drones |
| Interrogations |
| Military Commissions and Combat Status Review Tribunals |
Supplements
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- a password-protected site for complete and protected access to all text-specific instructor resources;
- test banks that provide a diverse range of ready-to-use options that save you time. You can also easily edit any question and/or insert your own personalized questions;
- editable, chapter-specific PowerPoint® slides that offer complete flexibility for creating a multimedia presentation for your course;
- lecture notes that summarize key concepts by chapter to help you prepare for lectures and class discussions;
- sample course syllabi for semester and quarter courses that provide suggested models for structuring your courses;
- exclusive access to full-text, influential SAGE journal articles that have been carefully selected to tie important research and scholarship to chapter concepts;
- multimedia resources that meet the learning needs of today’s media-savvy students and bring concepts to life;
- web resources that are included for further research and insights;
- answers to “You Decide” boxes and cases within the text;
- additional "You Decide" cases to assign or use in-class;
- additional edited cases;
- an appendix on reading and briefing cases; and
- tables and figures from the printed book that are available in an easily downloadable format for use in papers, handouts, and presentations.
SAGE edge for students enhances learning, is easy to use, and offers:
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- quizzes that allow students to practice and assess how much they’ve learned and where they need to focus their attention;
- exclusive access to full-text, influential SAGE journal articles that have been carefully selected to tie important research and scholarship to chapter concepts;
- multimedia resources that meet the learning needs of today’s media-savvy students and bring concepts to life; and
- web resources that are included for further research and insights.
“This text is an excellent resource for an undergraduate introduction to criminal procedure. It is written at the appropriate level for undergraduates and it covers all the relevant material. It is well written, well organized, and accessible.”
“An extremely comprehensive and easy to read text covering the broad topic of criminal procedure. Starting with a good foundation, the text turns to specific areas including search and seizure, arrest, interrogations and confessions, the exclusionary rule, remedies for constitutional violations, and the timeline for criminal cases from arrest through appeal.”
“This textbook is a comprehensive primer on criminal procedure that engages students with a variety of reading materials and exercises.”
“A good introductory text on criminal procedure that offers fresh and new cases and perspectives that would be of interest to students. Comprehensive and cohesive, [with] easy-to-follow chapters.”
“A very comprehensive book; very easy to read and comprehend for both the instructor and the students. It is current in its themes, and it attracts students to want to read it as opposed to feeling intimidated.”
HEOA Compliance
Available formats
| ISBN: 9781544334769 | Electronic Version | Suggested Retail Price: $111.00 | Bookstore Price: $88.80 |
| ISBN: 9781544334752 | Paperback | Suggested Retail Price: $139.00 | Bookstore Price: $111.20 |
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Sample Materials & Chapters
Chapter 3. Searches and Seizures
Chapter 8. Interrogations and Confessions
