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| constitutional law and the criminal justice system: Constitutional Law and the Criminal Justice System J. Scott Harr, Kären M. Hess, Christine H. Orthmann, Jonathon Kingsbury, 2016-12-05 Unrivaled in its simplicity and skill-building pedagogy, Harr, Hess, Orthmann, and Kingsbury's text thoroughly explains the complexities of the U.S. Constitution and the criminal justice system. The text avoids legalese and is packed with real-world examples. Its pedagogical framework helps readers develop a solid understanding of key issues and concepts, and more than 200 plainly written, summarized cases introduce pertinent cases in a non-intimidating manner. The text devotes considerable time to the Fourth and Fifth Amendments, exploring their application to such issues as reasonable search and seizure, double jeopardy, and testifying against oneself. CONSTITUTIONAL LAW AND THE CRIMINAL JUSTICE SYSTEM, 7th Edition includes expanded discussions of the First and Second Amendments as well as cutting-edge coverage of immigration, terrorism and homeland security, electronic surveillance and the use of drones, use of force, and searches of cell phones and other digital evidence. What’s more, the MindTap that accompanies this text helps students practice and master techniques and key concepts while engaging them with career-based decision-making scenarios, visual summaries, and more. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. |
| constitutional law and the criminal justice system: Constitutional Law and Criminal Justice Cliff Roberson, 2021-12-27 Illuminating US constitutional concepts in plain language and clarifying nuances in the law, this third edition of Constitutional Law and Criminal Justice simplifies understanding of the United States judicial system for those without advanced legal training. It updates recent decisions by the Supreme Court of the United States and includes a discussion on the current makeup and policy of the Supreme Court. Learning objectives and summary outlines of recent Supreme Court decisions, combined with practical examples and selected actual court documents, enhance students’ understanding of the most important issues regarding the US Constitution and its application in the criminal justice system. The book begins with an overview of the Bill of Rights, followed by an examination of the components of the judiciary. It moves on to a discussion of due process; the First, Fourth, Fifth, Sixth, and Eighth Amendments; and the exclusionary rule. A unique chapter addressing civil liability and the criminal justice professional is especially relevant to students in criminal justice programs. Concise and informative, this book is designed to be used in undergraduate courses in criminal justice and justice administration programs in universities and community colleges. |
| constitutional law and the criminal justice system: Constitutional Law in Criminal Justice Tina M. Fielding Fryling, 2020-02-13 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 |
| constitutional law and the criminal justice system: Constitutional Law and the Criminal Justice System J. Scott Harr, Kären M. Hess, 2002 This constitutional law book focuses primarily on the Fourth Amendment (reasonable search and seizure) and the Fifth Amendment (double jeopardy, testifying against oneself), since they are the most relevant to criminal justice issues. Harr and Hess, authors of several successful books in the areas of criminal procedure, criminal justice employment, and policing issues, have taken the most complex of material and made it into a reader-oriented, manageable book that covers the key issues related to our Constitution and the criminal justice system. |
| constitutional law and the criminal justice system: Constitutional Law for the Criminal Justice Professional Carl J. Franklin, 1999-03-16 Written in a simple, straightforward manner, this book will help today's criminal justice student better understand con law issues as well as the complicated development of constitutional rights and law. In its simple, easy to understand format, this book is a must for both current criminal justice professionals and students studying to enter the p |
| constitutional law and the criminal justice system: Constitutional Law in Criminal Justice Tina M. Fielding Fryling, 2020-02-13 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 |
| constitutional law and the criminal justice system: Constitutional Law for Criminal Justice Jacqueline R. Kanovitz, Jefferson L. Ingram, Christopher J. Devine, 2018-09-03 Criminal justice professionals often do not receive the training they need to recognize constitutional principles that apply to their everyday work. Constitutional Law for Criminal Justice offers a way to solve this problem by providing a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect criminal justice professionals. Constitutional Law for Criminal Justice makes complex concepts accessible to students at all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key terms and concepts are defined in the glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for 50 years. |
| constitutional law and the criminal justice system: Constitutional Law for the Criminal Justice Professional Carl J. Franklin, 1999-03-16 Written in a simple, straightforward manner, this book will help today's criminal justice student better understand con law issues as well as the complicated development of constitutional rights and law. In its simple, easy to understand format, this book is a must for both current criminal justice professionals and students studying to enter the p |
| constitutional law and the criminal justice system: Criminal Constitutional Law David Stewart Rudstein, 1990 |
| constitutional law and the criminal justice system: Constitutional Law and the Criminal Justice System J. Scott Harr, Kären M. Hess, Christine Hess Orthmann, Jonathon Kingsbury, 2014-01-01 Market-leading CONSTITUTIONAL LAW AND THE CRIMINAL JUSTICE SYSTEM, 6th Edition, uses real-world illustrations, succinct case summaries, and proven learning tools to equip readers with a solid understanding of our often-complex Constitution and criminal justice system. Avoiding confusing legalese, the book features more than 200 plainly written, summarized cases that introduce readers to the most influential and relevant cases. It also thoroughly covers the Fourth and Fifth Amendments, exploring their application to issues relevant to criminal justice: reasonable search and seizure, double jeopardy, and testifying against oneself. The sixth edition includes expanded discussions of the First and Second Amendments as well as cutting-edge coverage of such high-profile topics as immigration, terrorism/homeland security, death row, and many others. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. |
| constitutional law and the criminal justice system: Constitutional Law and the Criminal Justice System J. Harr, Kären Hess, 2007-03-07 With Harr and Hess's legalese-free text, you'll gain a firm understanding of our often-complex Constitution and criminal justice system. To ground you in the laws that shape the system and our society, the authors present you with a clearly organized, 'bird's-eye view of the topic, supported by over 200 summarized cases that introduce you to the most influential and pertinent cases. Harr and Hess also devote considerable time to an exploration of the Fourth and Fifth Amendments, relevant because of their application to issues relevant to criminal justice: reasonable search and seizure, double jeopardy, and testifying against oneself. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. |
| constitutional law and the criminal justice system: The Constitution of the Criminal Law R. A. Duff, Lindsay Farmer, S. E. Marshall, Massimo Renzo, Victor Tadros, 2013-01-31 The third book in the Criminalization series examines the constitutionalization of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally, how the criminal law can be constituted as part of the international order. Addressing the ways in which and the grounds on which types of conduct can be justifiably criminalized, the first four chapters of this volume focus on the questions that arise from a consideration of the political constitution of the criminal law. The contributors then turn their attention to the role of the state, its institutions and officials, and their role not only as creators, enactors, interpreters, and enforcers of the criminal law, but also as subjects of it. How can the agents of the criminal law also be answerable to it? Finally discussion turns to how the criminal law can be constituted as part of an international order. Examining the relationships between domestic laws of different nation-states, and between domestic criminal law and international or transnational law, the chapters also look at the authority and jurisdiction of international criminal law itself, and its relationship to other dimensions of the international order. A vital examination of one of the most important topics in modern criminal legal theory, this volume raises new questions central to the study of the criminal law and offers new suggestions for addressing them. |
| constitutional law and the criminal justice system: Constitutional Law and the Criminal Justice System J. Scott Harr, Kären M. Hess, Christine M. H. Orthmann, 2011-06-20 Unrivaled in its simplicity and skill-building pedagogy, market-leading CONSTITIONAL LAW AND THE CRIMINAL JUSTICE SYSTEM, International Edition thoroughly explains the complexities of the U.S. Constitution and the criminal justice system. Extremely student friendly, the text avoids “legalese” and is packed with real-world illustrations. Its unique--and effective--pedagogical framework for concept mastery helps readers develop a solid understanding of key issues and concepts, while more than 200 plainly written, summarized cases introduce readers to pertinent cases in a non-intimidating manner. The text devotes considerable time to the Fourth and Fifth Amendments, exploring their application to issues relevant to criminal justice: reasonable search and seizure, double jeopardy, and testifying against oneself. In addition, the Fifth Edition’s cutting-edge coverage includes such high-profile topics as immigration, terrorism/homeland security, death row, and more. |
| constitutional law and the criminal justice system: Seven Deadly Sins Mark W. Denniston, Bruce Bayley, Molly Sween, David Richard Lynch, 2021 This textbook brings a fresh approach to the study of constitutional criminal rights in the context of the American criminal justice system. It is intentionally written at a level suitable for an undergraduate. Seven Deadly Sins presents seven core constitutional virtues, introduced to the reader via their mirror opposites, which the authors call the seven deadly constitutional sins of the criminal justice system. These negative attributes or sins are: intolerance, subterfuge, intrusiveness, craftiness, favoritism, cruelty, and subservience to authority. Some of these negative attributes are housed entirely in one amendment to the constitution (e.g. cruelty) while others span several areas of the Bill of Rights (e.g., subservience to authority). Each negative trait is presented in two companion chapters. The first of the two chapters introduces the negative trait (e.g., intolerance) and establishes its constitutional place via a presentation of various, appellate law decisions written in language suitable for an undergraduate student. The second, or companion, chapter then presents real world, non-legal stories from the field in the areas of policing and corrections that illustrate the trait using a more hands on approach. It is this combination of true stories from the field coupled with conceptualizing constitutional rights in terms of their mirror opposites (including the grouping of several amendments at once when necessary) that makes this book unique and fresh-- |
| constitutional law and the criminal justice system: Constitutional Rights of Prisoners John W. Palmer, 2014-09-19 This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I. |
| constitutional law and the criminal justice system: Congress and Crime Joseph F. Zimmerman, 2014-08-06 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. |
| constitutional law and the criminal justice system: The Bail Book Shima Baradaran Baughman, 2018 Examines the causes for mass incarceration of Americans and calls for the reform of the bail system. Traces the history of bail, how it has come to be an oppressive tool of the courts, and makes recommendations for reforming the bail system and alleviating the mass incarceration problem. |
| constitutional law and the criminal justice system: The Criminal Justice System Michael K. Hooper, Ruth Masters, 2017 Offers clear, comprehensive and authoritative treatment of all aspects of the criminal justice system. The Criminal Justice System, completely updated, covers the most important aspects of criminal justice in the United States. It details the commission and frequency of crimes through the investigation, apprehension, prosecution, and punishment of wrongdoers. |
| constitutional law and the criminal justice system: Tried and Convicted Michael D. Cicchini, 2012-07-12 When an individual is accused of a crime he is provided, at least in theory, with numerous constitutional rights throughout the legal process. These constitutional rights, however, are soft and flexible, and are subject to a tremendous amount of manipulation by police, prosecutors, and judges. The result is that these government agents are easily able to bypass, and in fact destroy, our constitutional protections. This abuse of our fundamental rights is extremely dangerous. Far from being mere technicalities, constitutional rights benefit all citizens, not just the factually guilty, in ways that go unappreciated by most of us. In today’s hyper-vigilant, tough-on-crime climate, many good people from all walks of life find themselves charged with serious crimes for behaving in ways that most of us would be shocked to learn are criminal. For these reasons, it is in all of our interests to ensure strong constitutional safeguards for everyone. Tried and Convicted explains several individual constitutional rights that are intended to protect us from the vagaries of the criminal justice system, and gives detailed examples of how government agents routinely circumvent those rights. It also exposes the underlying problems that enable government agents to circumvent the constitution, and concludes by offering potential solutions to these problems. Using real life examples throughout, Cicchini provides a wake-up call for all of us. |
| constitutional law and the criminal justice system: SOU-CCJ230 Introduction to the American Criminal Justice System Alison Burke, David Carter, Brian Fedorek, Tiffany Morey, Lore Rutz-Burri, Shanell Sanchez, 2019 |
| constitutional law and the criminal justice system: Courting Death Carol S. Steiker, Jordan M. Steiker, 2016-11-07 Before constitutional regulation -- The Supreme Court steps in -- The invisibility of race in the constitutional revolution -- Between the Supreme Court and the states -- The failures of regulation -- An unsustainable system? -- Recurring patterns in constitutional regulation -- The future of the American death penalty -- Life after death |
| constitutional law and the criminal justice system: No Equal Justice David Cole, 2010-10 First published a decade ago, No Equal Justice is the seminal work on race- and class-based double standards in criminal justice. Hailed as a ''shocking and necessary book'' by The Economist, it has become the standard reference point for anyone trying to understand the fundamental inequalities in the American legal system. The book, written by constitutional law scholar and civil liberties advocate David Cole, was named the best nonfiction book of 1999 by the Boston Book Review and the best book on an issue of national policy by the American Political Science Association. No Equal Justice examines subjects ranging from police behavior and jury selection to sentencing, and argues that our system does not merely fail to live up to the promise of equality, but actively requires double standards to operate. Such disparities, Cole argues, allow the privileged to enjoy constitutional protections from police power without paying the costs associated with extending those protections across the board to minorities and the poor. For this new, tenth-anniversary paperback edition, Cole has completely updated and revised the book, reflecting the substantial changes and developments that have occurred since first publication. |
| constitutional law and the criminal justice system: The Machinery of Criminal Justice Stephanos Bibas, 2012-02-28 Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime. |
| constitutional law and the criminal justice system: The Collapse of American Criminal Justice William J. Stuntz, 2011-09-30 Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions. |
| constitutional law and the criminal justice system: Constitutional Law for Criminal Justice Jacqueline R. Kanovitz, Jefferson L. Ingram, Christopher J. Devine, 2024-01-22 Constitutional Law for Criminal Justice, Sixteenth Edition, offers criminal justice professionals the training they need to recognize the constitutional principles that apply to their daily work. Jacqueline R. Kanovitz, Jefferson L. Ingram, and Christopher J. Devine provide a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect the U.S. justice system. Chapter 1 of Part I summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops, arrests, use of force, search and seizure, technologically assisted surveillance, the Wiretap Act, interrogations and confessions, self-incrimination, witness identification procedures, the right to counsel, procedural safeguards during criminal trials, First Amendment issues relevant to law enforcement, and capital punishment. The final chapter covers the constitutional rights of criminal justice professionals in the workplace, their protection under Title VII of the Civil Rights Act, and their accountability under 42 U.S.C. § 1983 for violating the constitutional rights of others. Part II contains abstracts of key judicial decisions exemplifying how the doctrines covered in earlier chapters are being applied by the courts. The combination of text and cases creates flexibility in structuring class time. This book makes complex concepts accessible to students in all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key Terms and Concepts are defined in the Glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for more than 50 years. The accompanying Instructor and Student Resources website provides free digital materials designed to test student knowledge and save time when preparing lessons. Resources include: Student access to practical quizzes including multiple-choice and true-or-false questions, and case studies with interactive questions and answers to test and apply knowledge A downloadable comprehensive study guide, glossary, and appendix including the text of the United States Constitution to enhance understanding of each chapter alongside study Step-by-step Instructor Guides and premade lesson slides that correspond to the chapters in an editable format to saving valuable time on lesson preparation Instructor access to test-bank questions for further exam practice |
| constitutional law and the criminal justice system: The New Criminal Justice Thinking Sharon Dolovich, Alexandra Natapoff, 2017-03-28 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. |
| constitutional law and the criminal justice system: Constitutional Law and the Criminal Justice System J Harr, Kären Hess, Christine Orthmann, Jonathon Kingsbury, 2025-02-10 Harr/Hess/Orthmann/Kingsbury's CONSTITUTIONAL LAW AND THE CRIMINAL JUSTICE SYSTEM, 8th Edition, equips you with a solid understanding of our complex Constitution and criminal justice system. The text avoids confusing legalese, focusing instead on real-life examples to illustrate the material with more than 200 succinct, summarized cases that are influential and significant. You'll learn about the Fourth Amendment, exploring its application to issues relevant to criminal justice and modern technology, including reasonable search and seizure. The 8th Edition also includes expanded discussions of the First and Second Amendments as well as coverage of topics that affect you today such as electronic surveillance, modern technology used by law enforcement, abortion law and much more. |
| constitutional law and the criminal justice system: Constitutional Law for Criminal Justice Professionals J. Scott Harr, Kären M. Hess, 1998 This constitutional law text focuses primarily on the Fourth Amendment (reasonable search and seizure) and Fifth Amendment (double jeopardy, testifying against oneself), since they are the most relevant to criminal justice issues. The authors have written other successful texts in the areas of criminal procedure and criminal justice employment. |
| constitutional law and the criminal justice system: Core Concepts in Criminal Law and Criminal Justice Kai Ambos, Antony Duff, Julian Roberts, Thomas Weigend, Alexander Heinze, 2020-01-16 A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law. |
| constitutional law and the criminal justice system: Constitutional Law for Criminal Justice Jacqueline R. Kanovitz, Jefferson Ingram, Christopher Devine, 2023 Constitutional Law for Criminal Justice, 16th Edition, offers criminal justice professionals the training they need to recognize the constitutional principles that apply to their daily work. Kanovitz and revision authors Jefferson Ingram and Christopher Devine provide a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect the US justice system. Chapter 1 summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops, arrests, use of force, search and seizure, technologically assisted surveillance, the Wiretap Act, interrogations and confessions, self-incrimination, witness identification procedures, the right to counsel, procedural safeguards during criminal trials, First Amendment issues relevant to law enforcement, and capital punishment. The final chapter covers the constitutional rights of criminal justice professionals in the workplace, their protection under Title VII of the Civil Rights Act, and their accountability under 42 U.S.C. 1983 for violating the constitutional rights of others. Part II contains abstracts of key judicial decisions exemplifying how the doctrines covered in earlier chapters are being applied by the courts. The combination of text and cases creates flexibility in structuring class time. This book makes complex concepts accessible to students in all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key Terms and Concepts are defined in the Glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for more than 50 years-- |
| constitutional law and the criminal justice system: Constitutional Criminal Procedure Andrew E. Taslitz, Margaret L. Paris, 2003 Taslitz and Paris' Constitutional Criminal Procedure provides detailed information on criminal code. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases. |
| constitutional law and the criminal justice system: The Constitutional Rights of Children David S. Tanenhaus, 2017-11-04 This new edition upon the 50th anniversary of In re Gault includes expanded coverage of the Roberts Court’s juvenile justice decisions including Miller v. Alabama; explains how disregard for children’s constitutional rights led to the “Kids for Cash” scandal in Pennsylvania; new legal developments in the Gault case; and, updates the bibliography and chronology. When fifteen-year-old Gerald Gault of Globe, Arizona, allegedly made an obscene phone call to a neighbor, he was arrested by the local police, tried in a proceeding that did not require his accuser’s testimony, and sentenced to six years in a juvenile “boot camp”—for an offense that would have cost an adult only two months. Even in a nation fed up with juvenile delinquency, that sentence seemed excessive and inspired a spirited defense on Gault’s behalf. Led by Norman Dorsen, the ACLU ultimately took Gault’s case to the Supreme Court and in 1967 won a landmark decision authored by Justice Abe Fortas. Widely celebrated as the most important children’s rights case of the twentieth century, In re Gault affirmed that children have some of the same rights as adults and formally incorporated the Fourteenth Amendment’s due process protections into the administration of the nation’s juvenile courts. |
| constitutional law and the criminal justice system: How Rights Went Wrong Jamal Greene, 2021 An eminent constitutional scholar reveals how our approach to rights is dividing America, and shows how we can build a better system of justice. |
| constitutional law and the criminal justice system: Administration of Justice and Constitutional Law Larry D Vick, 2021-07-13 |
| constitutional law and the criminal justice system: Keeping Faith with the Constitution Goodwin Liu, Pamela S. Karlan, Christopher H. Schroeder, 2010-08-05 Chief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as constitutional fidelity--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity. |
| constitutional law and the criminal justice system: Constitutional Law Jacqueline Kanovitz, 2014-09-19 Presents an up-to-date analysis of critical constitutional issues. Special attention is given to issues of greatest concern to criminal justice personnel — detention, arrest, search and seizure, interrogations and confessions, self-incrimination, due process, and right to counsel. Also includes constitutional aspects of criminal and civil liabilities of justice personnel, and constitutional and civil rights in the workplace. Part II presents key cases to assist in interpreting the constitutional provisions. |
| constitutional law and the criminal justice system: Ethics for Criminal Justice Professionals Cliff Roberson, Scott Mire, 2009-12-08 Increasing concerns about the accountability of criminal justice professionals at all levels has placed a heightened focus on the behavior of those who work in the system. Judges, attorneys, police, and prison employees are all under increased scrutiny from the public and the media. Ethics for Criminal Justice Professionals examines the myriad of e |
| constitutional law and the criminal justice system: Colombian Constitutional Law Manuel José Cepeda Espinosa, David E. Landau, 2017 Introduction to the Colombian constitution of 1991 and the Constitutional Court -- The role of the Constitutional Court -- Dignity and autonomy -- Equality -- Freedom of speech and freedom of religion -- Social rights -- The rights of victims and transitional justice -- The rights of indigenous peoples -- The president : problems of executive overreach -- The congress : problems of abdication and deliberation -- Constitutional amendment and the substitution of the constitution doctrine. |
| constitutional law and the criminal justice system: Comparative Constitutional Law Tom Ginsburg, Rosalind Dixon, 2011-01-01 This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject. |
| constitutional law and the criminal justice system: Beyond Virtue and Vice Alice M. Miller, Mindy Jane Roseman, 2019-02-22 Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic. |
Part I The Nature, Purpose, and Constitutional Context of Criminal …
The criminal law is the foundation of the criminal justice system. The law defines the acts that may lead to an arrest, prosecution, and imprisonment. States punish a range of acts in their criminal codes. The Nature of Criminal Law A. Crime is conduct that, if shown to have taken place, will …
Criminal justice systems in the UK - Centre for Crime and Justice …
Criminal justice systems in the UK: Governance, inspection, complaints and accountability 6 three criminal justice jurisdictions, as well as the relevant national and international standards. It is …
Constitutional Law And The Criminal Justice System (Download Only)
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Constitutional Principles in Substantive Criminal Law - CORE
The tethering of criminal law and constitutional law has two aspects. The first section of this chapter will explore the ways in which substantive criminal law – the principles of criminal …
Criminal Justice Administration Constitutional Foundations of the ...
Six Constitutional Guarantees Statutory Law Framework Relating to Criminal Justice The statutory law framework that constitutes the legal basis for the CJA mainly comprises of the substantive …
JUDICIAL REVIEW AND THE RULE OF LAW: AN INTRODUCTION TO …
proper constitutional function of judicial review, as well as respect for the fundamental rights guaranteed by the common law, including access to the courts, the separation of powers and …
Constitutional Law Criminal Justice System [PDF]
The relationship between constitutional law and the criminal justice system is intricate and vital. Understanding this complex interplay is crucial for ensuring a just and effective system that …
Constitutional Law for Criminal Justice; 16th Edition
Jacqueline R. Kanovitz, Jeferson L. Ingram, and Christopher J. Devine provide a comprehensive, well-organized, and up-to-date analysis of constitutional issues that afect the U.S. justice …
The Political Constitution of Criminal Justice - JSTOR
Large literatures discuss the constitutional law of criminal justice and the politics of crime. To date, no substantial literature addresses the relationship between the two. At first blush, that …
Constitutional Law and The Criminal Justice System
Constitutional Law Course Description This course covers the analysis of the historical development of the U.S. Constitution and the relationship of rights contained therein to the …
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The Constitution and the Future of Criminal Justice in America draws together leading scholars from law, psychology, and criminology to address timely and important topics in U.S. criminal …
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23 Aug 2018 · constitutional system famously blends the two strategies, they need not travel together. A checks-and-balances perspective on criminal justice has many implications. It …
Criminal Justice System: Aims and Processes - Griffith University
Ordinary citizens and justice system workers have strong beliefs about what a criminal justice system should try to achieve. These debates are reviewed in this chapter, and models of the …
Constitutional Law and Criminal Justice - api.pageplace.de
Illuminating US constitutional concepts in plain language and clarifying nuances in the law, this third edition of Constitutional Law and Criminal Justice simplifes understanding of the United …
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Significant progress has been made since 1990 in reforming the criminal justice system of Namibia. Before Namibia attained its independence, the police, the justice system and …
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Constitutional Dimensions of Predictive Algorithms in Criminal …
Focusing on due process and equal protection, this Article explores ave-nues for constitutional challenges to risk-assessment technology at federal and state levels and outlines how …
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The primary constitutional theory underlying these suits has been the eighth amendment prohibition against the inflic tion of cruel and unusual punishment. 1 Two recent cases, Baker v.
Defending Constitutional Rights in Imbalanced Courtrooms
In this article, we use qualitative interviews and survey data with defense attorneys to explore—from a court community perspective— their use of discretion to uphold the …
ARREST, DETENTION, AND CRIMINAL JUSTICE SYSTEM: A STUDY …
In an interesting attempt of constitutionalizing substantive as well as procedural criminal law, the author re-visits the post-independence juridical discourse on detention, pre-trial, preventive …
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14 Nov 2024 · Control and Law Enforcement Act, 34 U.S.C. § 12601. Within weeks of opening our ... County and the Fulton County Sheriff’s Office violate the constitutional and ... Georgia is …
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Resources: Department of Justice and Constitutional Development, Private Bag X81, Pretoria, 0001 or Physical address: Application Box, First Floor Reception, East Tower, Momentum …
Justice Adrift: Rule of Law and Political Crisis in the Maldives
aimed at strengthening the rule of law and the justice system, including a criminal procedure code, civil procedure code, evidence code and a legal professions bill. • Parliament must implement …
Constitutional Law - The Eighth Amendment and Prison Reform
prison discipline and therefore harm the criminal justice system. 21 Slowly jurists have begun to realize that the courts and the pri sons are components in a continuous system of …
Constitutional Principles in Substantive Criminal Law - CORE
of misery and much criminal justice still left to be done in spite of the law. Ultimately, the intimate relationship between these two legal fields has drawn into sharper relief the ineluctably …
Warren Court Retrospective: Everything Old Is New Again: …
constitutional law—especially in the criminal procedure arena. Leaving aside for the moment the particular doctrinal foundations of the Warren Court’s work, the outcomes of the Court’s …
SYSTEMIC FACTS: TOWARD INSTITUTIONAL AWARENESS IN CRIMINAL COURTS
constitutional criminal law, to regulate other institutional actors within the criminal justice system — most notably, prosecutors and police officers. The one-off nature of constitutional criminal …
ANNEXURE F DEPARTMENT OF JUSTICE AND CONSTITUTIONAL …
programmes on Integrated Criminal Justice including the 7 point plan; Manage stakeholder relations and public awareness for the ICJS; Manage and coordinate a victim centric Justice …
PROACTIVELY RELEASED - The Beehive
• leading the transformation of the criminal justice system, and • addressing family violence and sexual violence. This briefing provides an overview of: ... Core constitutional law and policy …
ADDIS ABABA UNIVERSITY SCHOOL OF LAW PUBLIC AND CONSTITUTIONAL LAW …
CONSTITUTIONAL LAW ADVISOR MURADU ABDO (PhD) JUNE, 2017 ADDIS ABABA . DECLARATION I, Osman Ahmad Muhammad, hereby declare that the work submitted for this …
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the entire criminal justice system, such as prosecution, courts and prisons, is the responsibility of the central government. But since Korea is still a divided nation, there ... codes, including …
Factsheet: Criminal Justice System - Human Rights
strategies have also been recommended by the Senate Legal and Constitutional Affairs Committee and successive Social Justice Commissioners. ... disabilities have higher rates of …
A CONSTITUTIONAL PERSPECTIVE OF POLICE POWERS OF …
Police Powers of Search and Seizure in the Criminal Justice System”. It examines search and seizure from a constitutional perspective in the South African criminal justice system. Starting …
Impact of Constitutional Interpretation on the Indian Criminal Justice ...
Key words- Constitutional Law, Criminal Justice, administration of justice, codification, constitutional interpretation The Evolving Perception of Criminal Justice Under the Indian …
CONTEXTUAL ISSUES - Department of Justice and Constitutional …
The Department of Justice and Constitutional Development Gender Directorate: Naomi Webster Private Bag X81 Pretoria 0001 ... that are in violation of our criminal law. ‘Victim’ also includes, …
1 Introduction 2 3 4 to the Constitutional justice and Aboriginal ...
Introduction to the justice system 21 Introduction to the justice system This overview section connects the three content themes in Social Studies 10 Topic B: Citizenship in Canada to the …
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The UK criminal justice system scores highly on the World Justice Project rule of law index. One test of a society’s commitment to rights is the number of judgements in the European Court of …
Criminal law and the Constitution: The relationship revisited
recognised as the central purpose of a criminal justice system designed to achieve the rule of law.3 Constitutions usually want to provide this overarching purpose of criminal law, which …
The Political Constitution of Criminal Justice - JSTOR
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Federal constitutional law, Federal laws, and laws of subjects of federation. Administrative bodies issue the acts that must comply with the laws. ... History of the Criminal Justice System. The …
Constitutional Law and Criminal Justice
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ARREST, DETENTION, AND CRIMINAL JUSTICE SYSTEM: A …
constitutional praxis. Part IV of the book deals with punitive detention where the author in a bold attempt puts into question effectiveness as well as infallibility of imprisonment as the normative …
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Constitutional Principles in Substantive Criminal Law - York …
of misery and much criminal justice still left to be done in spite of the law. Ultimately, the intimate relationship between these two legal fields has drawn into sharper relief the ineluctably …
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programme focused on the important role victims should play within the criminal justice system. The Victims Charter presents a rights framework for services provided under the ... Minister of …
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criminal justice system. In the past, law enforcement has shouldered most of the responsibility for the security of the public. However, two trends are changing this picture significantly. ... people …
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Criminal law varies substantially by state. _. Criminal cases are dramatically affected by legal procedure. More so than in other areas of the law, in criminal law the outcome of a case is …
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The Department will prioritise the implementation of the Integrated Criminal Justice Strategy for monitoring performance of the criminal justice system. During the MTSF period, 29 KPIs will …
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23 Aug 2018 · Part of the Constitutional Law Commons Recommended Citation Daniel Epps, Checks and Balances in the Criminal Law, 74 Vanderbilt Law Review 1 (2021) ... structure of …
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and those who are victims of crime, hence the development of the criminal justice system. The criminal justice system comprises three primary components: law enforcement, courts, and …
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Intrinsic in the concept of justice is the idea that where the criminal justice system imposes punishments, it should do so only in proportion to the crimes to which it seeks to respond. The …
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3.3 Reform and Strengthen the Criminal and Juvenile Justice Systems 43 ... impartiality the hallmarks of the American justice system. Today, the more than 115,000 people who work at …
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2 Nov 2021 · Military Criminal Justice System November 2, 2021 Background Military law comprises federal law, constitutional authority, and inherent command authority. It is meant to …
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of the Saudi criminal justice system, how those goals parallel the goals of a traditional common law or civil law system, and whether the Saudi system . 1. See. e.g., H. UM. R. TS. W. ...
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Turkey: the Judicial System in Peril
justice system and to the maintenance of the rule of law. The extension of executive control over the judiciary and prosecution service takes place at a time when the protection of human rights …
THE PROTECTION OF CHILD VICTIMS AND WITNESSES IN A POST-CONSTITUTIONAL …
criminal justice system; accusatorial criminal justice system; inquisitorial criminal justice system; constitutional protection of child victims and child witnesses; children’s rights; protection of …
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Within this overall system of government, criminal justice is highly centralized. The National Parliament remains the source of all the nation's main criminal laws. The Royal Papua New ...
The Charter of Whiteness: Twenty-Five Years of Maintaining Racial ...
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A CONSTITUTIONAL PERSPECTIVE OF POLICE POWERS OF …
Police Powers of Search and Seizure in the Criminal Justice System”. It examines search and seizure from a constitutional perspective in the South African criminal justice system. Starting …
Unmuted: Solutions to Safeguard Constitutional Rights in Virtual ...
4 Aug 2020 · Part of the Constitutional Law Commons, Criminal Law Commons, and the First Amendment Commons Recommended Citation Matthew Bender, Unmuted: Solutions to …
Criminal Justice: An Overview of the System - Doc's Things and …
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Judicial Reform, Constitutionalism and the Rule of Law in Zambia: …
Rule of Law in Zambia: From a Justice System to a Just System Muna Ndulo Cornell Law School, Cornell University, USA In Zambia it is generally agreed on by all stakeholders that the judicial …
