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Criminal Law and Procedure
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Criminal Law and Procedure
A Courtroom Approach

First Edition


January 2019 | 520 pages | SAGE Publications, Inc

Written by a former federal prosecutor and public defender, Criminal Law and Procedure: A Courtroom Approach introduces students to the essentials of criminal law and procedure by illuminating the legal issues justice professionals face before, during, and after a criminal trial. Through the examination of statutes, edited case excerpts, and recent constitutional interpretation of black letter law, the text bridges the gap between learning criminal procedure and applying criminal law.

Drawing from author Stephanie A. Jirard’s vast experience in both the courtroom and the classroom, Criminal Law and Procedure gets students to think critically about real-world issues and practice applying the law in a just and meaningful way. Accessible and engaging, this text presents criminal law and procedure as an exciting opportunity to have a direct, positive impact on our communities and the criminal justice system.  

Key Features:

  • “Making the Courtroom Connection” boxes help students apply the legal concepts they learn to real-life issues facing law enforcement, the court system, and correctional institutions today.

  • Edited case excerpts connect criminal law and procedure with current case material on relevant topics so students can see the impact of judicial decision making.

  • “Applying the Law to the Facts” boxes engage students’ critical thinking skills and enhance their logical problem-solving abilities by providing opportunities to apply the rule of law to different scenarios.

  • “Springboard for Discussion” prompts spark conversations and invite students to contrast the moral, ethical, and legal implications of criminal law and procedure in a larger context.

  • Problem-solving exercises at the end of each chapter provide students with opportunities to test themselves on the material before a formal assessment.

  • Active Learning Exercises in the Instructor’s Manual enable professors to offer additional opportunities for experiential learning.

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/jirard.


 


 
Preface
 
Acknowledgments
 
About the Author
 
PART I. THE BASICS: HOW THE LAW WORKS
 
CHAPTER 1. Introduction to the Law
Learning Objectives

 
Sources of Criminal Law

 
How to Read Statutes and Case Briefs

 
The Geography of Legal Cases

 
The Actors in the Criminal Justice System

 
Protecting Citizens and Criminal Justice Professionals

 
Federalism and States’ Rights

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
CHAPTER 2. THE CRIMINAL TRIAL PROCESS
Learning Objectives

 
Pretrial Identification Procedures

 
The Adversary System

 
Trial

 
How a Case Gets to the U.S. Supreme Court

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
CHAPTER 3. CRIMINAL LAW BASICS
Learning Objectives

 
Mens Rea: The Guilty Mind

 
Actus Reus: The Guilty Act

 
Causation

 
Parties to Crime

 
Inchoate Crimes

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
PART II. THE CRIMES: CRIMINAL LAW ELEMENTS
 
CHAPTER 4. CRIMES AGAINST THE PERSON
Learning Objectives

 
Crimes Against the Person

 
Sex Offenses

 
Homicide

 
Robbery

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
CHAPTER 5. CRIMES AGAINST PROPERTY
Learning Objectives

 
Theft Crimes

 
White-Collar Crime

 
Burglary

 
Arson

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
CHAPTER 6. CRIMES AGAINST THE PUBLIC
Learning Objectives

 
Crimes Against the Public

 
Crimes That Interfere With Government Services

 
Computer Crimes

 
Terrorism

 
Treason

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
PART III. THE PROCEDURE: THE BILL OF RIGHTS
 
CHAPTER 7. THE FOURTH AMENDMENT AND WARRANTS
Learning Objectives

 
The Fourth Amendment

 
Seizures of the Person

 
The Warrant Requirement

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
CHAPTER 8. EXCEPTIONS TO THE WARRANT REQUIREMENT
Learning Objectives

 
Warrantless Searches and Seizures

 
The Exclusionary Rule and the Good Faith Exception

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
CHAPTER 9. THE FIFTH AMENDMENT AND CONFESSIONS
Learning Objectives

 
The Evolution of Miranda Warnings

 
Invoking the Rights Pursuant to Miranda

 
When Miranda is Violated

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
CHAPTER 10. THE SIXTH AMENDMENT: COUNSEL AND TRIAL RIGHTS
Learning Objectives

 
The Sixth Amendment as Due Process Protection

 
Invoking the Right to Counsel

 
The Criminal Case

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
PART IV. THE PERSONAL: OFFENDER-SPECIFIC PUNISHMENT
 
CHAPTER 11. THE FIRST AMENDMENT AND CRIMINAL LAW
Learning Objectives

 
Protected Speech

 
Unprotected Speech

 
Special First Amendment Issues

 
Freedom of Association

 
Freedom of Religion

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
CHAPTER 12. DEFENSES
Learning Objectives

 
How Defenses Are Raised

 
Competency

 
Defenses Based on Excuse

 
Defenses Based on Justification

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
CHAPTER 13. SENTENCING AND APPEALS
Learning Objectives

 
Sentencing Process

 
Types of Sentences

 
The Death Penalty

 
The Appellate Process

 
Summary

 
Key Terms and Phrases

 
Problem-Solving Exercises

 
 
Appendix A: The Constitution of the United States of America
 
Appendix B: Selected Excerpts From the Model Penal Code
 
Glossary
 
Notes
 
Case Index
 
Subject Index

Supplements

Instructor Resource Site

SAGE edge for instructors supports your teaching by making it easy to integrate quality content and create a rich learning environment for students with:

  • 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;
  • exclusive access to full-text, influential SAGE journal articles, which have been carefully selected to tie important research and scholarship to chapter concepts;
  • video and audio links that meet the learning needs of today’s media-savvy students and bring concepts to life; an
  • Active Learning Exercises in the Instructor's Manual offer additional opportunities for experiential learning.


Student Study Site

SAGE edge for students enhances learning, it’s easy to use, and offers:

  • an open-access site that makes it easy for students to maximize their study time, anywhere, anytime;
  • eFlashcards that strengthen understanding of key terms and concepts; and
  • Quizzes that allow students to practice and assess how much they’ve learned and where they need to focus their attention.


“Concise and professional yet motivational for student learning and instructor engagement. I think the examples, activities, and scenarios are the critical pieces that make this text stand out.”

Robert M. Clark, Ph.D.
Pennsylvania Highlands Community College

“Clear, engaging and written well…easy to follow for students and instructors. It is a very thorough text and I like how the text presents the rule of law…”

Sarah Jakub, M.A., J.D.
Bucks County Community College

“One of the best textbooks I have seen in this field.  Not only is it set up well, but it clearly explains the theories and rules of law and supports the information presented with case law and rule life applications.”

Heather E. Donovan
Lindenwood University

“Excellent, new approach to connecting criminal procedure and law with current case material and relevant topics for new generational learners. It is different than most criminal procedure textbooks available in that it is modern and provides good context for new generation learners.”

Robert B. Lehmann, MSCJ, CHEP
John Tyler Community College
Key features

KEY FEATURES:

  • Making the Courtroom Connection” boxes help students apply the legal concepts they learn to real-life issues facing law enforcement, the court system, and correctional institutions today.

  • Edited case excerpts connect criminal law and procedure with current case material on relevant topics so students can see the impact of judicial decision making.

  • “Applying the Law to the Facts” boxes engage students’ critical thinking skills and enhance their logical problem-solving abilities by providing opportunities to apply the rule of law to different scenarios.

  • “Springboard for Discussion” prompts spark conversations and invite students to contrast the moral, ethical, and legal implications of criminal law and procedure in a larger context.

  • Problem-solving exercises at the end of each chapter provide students with opportunities to test themselves on the material before a formal assessment.

  • Active Learning Exercises in the Instructor’s Manual enable professors to offer additional opportunities for experiential learning.
  • SAGE edge provides students helpful tools, including eFlashcards, practice quizzes, and more, in one easy-to-use online environment.


For instructors

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