Practical Criminal Procedure: A Constitutional Manual

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Written for law students, criminal defense attorneys, and criminal prosecuting attorneys, Practical Criminal Procedure, Second Edition provides a comprehensive, yet easily accessible, manual of the constitutional rules of procedure. This pragmatic guide helps practicing lawyers understand complex legal issues in context--as they arise in real-world litigation. Law students can use this guide to get a practical perspective on relevant issues of criminal law. Brent Newton shares his unique perspective as both a practicing attorney and law school professor, examining the major topics in constitutional criminal procedure and including a reference to every significant decision of the United States Supreme Court. He also explores many issues of constitutional procedure not yet addressed by the United States Supreme Court that have been given extensive treatment by lower state and federal courts. A valuable discussion of the rights of criminal defendants and the corresponding obligations of the police and prosecutors is also provided.

Reviews

"It is a one-stop manual that is a primer for anyone interested in a criminal practice."

       — Jim E. Lavine; Zimmermann, Lavine, Zimmermann, & Sampson. P.C.

Authors / Contributors

Table of Contents

CONTENTS

PREFACE

ACKNOWLEDGMENTS

INTRODUCTION

CHAPTER ONE. Probable Cause Determinations by Judges and Grand Juries


A. Gerstein "Hearings"

B. Preliminary Hearings

C. Grand Jury Proceedings

D. Leading Supreme Court Decisions Concerning Preliminary Hearings and Grand Juries


CHAPTER TWO. Bail Practices

A. Bail Practices Generally

B. Federal Constitutional Issues Concerning Bail

C. Leading Supreme Court Cases Regarding Bail


CHAPTER THREE. The Sixth Amendment Right to Counsel and Associated Rights

A. The Sixth Amendment Right to the Assistance of Counsel

B. Waiver of the Right to Counsel and Right to Proceed Pro Se

C. Violation of the Right to Counsel

D. Challenging Uncounseled Convictions

E. Rights Associated with the Assistance of Counsel

F. Leading Supreme Court Cases Concerning the Sixth Amendment Right to Counsel and Associated Rights


CHAPTER FOUR. Pretrial Motions (Nonsuppression)

A. Introduction to Pretrial Motions

B. Defense Motions

C. Prosecution Motions

D. Leading Supreme Court Decisions Concerning Constitutional Issues Raised in Pretrial Motions (Nonsuppression)


CHAPTER FIVE. Motions to Suppress Evidence under the Fourth Amendment

A. Introduction to Motions to Suppress

B. What Constitutes a Fourth Amendment "Search" or "Seizure" and Who Has "Standing" to File a Motion to Suppress?

C. The Fourth Amendment's ''Warrant Requirement" and Its Many Exceptions

D. "Probable Cause" Versus "Reasonable Suspicion"

E. The Fourth Amendment "Exclusionary Rule"

F. Leading Supreme Court Cases Concerning Fourth Amendment Issues Raised by Pretrial Motions to Suppress


CHAPTER SIX. Motions to Suppress Confessions

A. Motions to Suppress a Confession as ''Tainted Fruit" of an Unconstitutional Search or Seizure

B. Miranda v. Arizona

C. Involuntary Confessions

D. Motions to Suppress Confessions or Incriminating Statements Obtained in Violation of the Sixth Amendment Right to Counsel

E. Leading Supreme Court Decisions Concerning Constitutional Issues Raised in Pretrial Motions to Suppress Confessions


CHAPTER SEVEN. The Right to a Jury Trial and the Jury Selection Process

A The Right to an Impartial Jury

B. Legal Issues Related to the Process of Removing Objectionable or Undesirable Members of the Venire

C. Leading Supreme Court Decisions on the Right to a Jury Trial and the Jury Selection Process


CHAPTER EIGHT. Constitutional Issues That Arise During Trial

A. Impermissible Comments on a Defendant's Invocation of the Fifth Amendment Privilege Against Self-Incrimination

B. Defendant's Right to Testify in His Own Behalf and Right to "Present a Defense"

C. Confrontation Clause Issues During Trial

D. Compulsory Process Clause Issues During Trial

E. Invocation of the Fifth Amendment Privilege Against Self-Incrimination By a Defendant or Witness During Trial

F. Prosecutorial Arguments That Shift the Burden of Persuasion to the Defense or Diminish the Meaning of "Reasonable Doubt"

G. Improper Extraneous Influences on the Jury in the Courtroom During Trial

H. Defendant's Right to Be Present During "Critical Stages" of Trial

I. Inflammatory Closing Arguments by Prosecutors

J. Leading Supreme Court Decisions Concerning Constitutional Violations During Trial


CHAPTER NINE. Motions for Judgment of Acquittal

A. The Jackson v. Virginia Standard

B. Direct Versus Circumstantial Evidence

C. Venue as an Element

D. Leading Supreme Court Decisions Concerning Judgments of Acquittal


CHAPTER TEN. Constitutional Issues That Arise in Instructing the Jury and During Jury Deliberations

A. Jury Instructions

B. Jury Deliberations and the Verdict

C. Leading Supreme Court Decisions Regarding Jury Instruction Issues


CHAPTER ELEVEN. Guilty Pleas

A. Substantive Constitutional Requirements for a Valid Guilty Plea: A "Knowing, Voluntary, and Intelligent" Plea

B. Procedural Constitutional Requirements for a Valid Guilty Plea: Boykin v. Alabama

C. Plea Agreements and Breaches

D. Constitutional Challenges to Guilty Pleas

E. Leading Supreme Court Decisions on Constitutional Issues Concerning Guilty Pleas


CHAPTER TWELVE. Sentencing

A. Constitutional Rules of Criminal Procedure Applicable to Noncapital Sentencing

B. Special Constitutional Rules of Criminal Procedure Applicable to Capital Sentencing

C. Leading Supreme Court Decisions Concerning Sentencing


CHAPTER THIRTEEN. Common Extra-Record Post-Trial Claims

A. Claims of Ineffective Assistance of Counsel

B. Extra-Record Claims of Prosecutorial Misconduct

C. Extra-Record Claims of Jury Misconduct

D. Leading Supreme Court Decisions Concerning Extra-Record Post-Conviction Claims


CHAPTER FOURTEEN. Direct Appeals

A. Error Preservation and Procedural Default

B. Harmless-Error Analysis on Direct Appeal

C. Retroactive Application of "New Rules" of Constitutional Criminal Procedure to Defendants on Direct Appeal

D. The Right to Counsel on Direct Appeal

E. Constitutional Right to Proceed in Forma Pauperis on Appeal

F. Standards of Review on Appeal

G. Sufficiency-of-the-Evidence Review on Appeal

H. Leading Supreme Court Decisions Concerning Direct Appeal Practice


CHAPTER FIFTEEN. Post-Conviction Habeas Corpus Review

A. State Habeas Corpus Review

B. Federal Post-Conviction Habeas Corpus Actions

C. Leading Supreme Court Decisions Concerning Federal Habeas


Index