Students will be able to trace how the expansion of trial rights is directly correlated to historical events and social concerns. Documents are arranged chronologically to provide readers with a clear view of the long convoluted history of these rights in our country and to clearly illustrate how trial rights have grown over time to provide more protection for a growing number of individuals. A general introduction to the volume further explores the history of the concept of trial rights to provide a complete reference resource to complicated issues.
Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process.
Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal system's disarray compelling, and his argument as to how it may be reconstructed important and provoking.
After a brief review of the English and colonial origins of these rights, a careful analysis of each focuses primarily on the revolutionary cases of the 20th century that produced a convergence of these rights in the famous case of "Miranda v. Arizona" (1966). The work examines subsequent cases and discusses issues that lie ahead, including those related to the war on terror.
Because the suspect was observed leaving the scene of the crime with the body of the victim, the Williams case seemed to be open and shut. But due to police procedures in apprehending and questioning the suspect, the resolution of the case took fifteen years and two United States Supreme Court decisions. By highlighting the difficulties of determining the facts of the case and the proper procedural laws that were applicable, McInnis demonstrates the complexities inherent in the legal system. This compelling book is a must-read for all people interested in learning more about criminal procedure and judicial processes.
-A brief history of the topic
-Lengthy and sophisticated analysis of the current state of the law
-A bibliographical essay organizing and evaluating scholarly material for further research
-A table of cases
A thorough analysis of the relevant U.S. Supreme Court's doctrine gives concrete content to the right to assistance of defense counsel. Scholars and students of the U.S. Constitution, along with attorneys and lay readers, will gain a rich understanding of the meaning and importance of the Sixth Amendment, and a comprehensive overview of a cornerstone of America's constitutional and legal order.
Learn your rights and how to protect yourself.
Whether you face a criminal case, work in law enforcement, or simply want to know more about the criminal law system, this book can help.
From A to Z, it covers the basic to the complex, from alibi to the writ of habeas corpus. It’s easy to find what you’re looking for, and everything is explained in plain English. You’ll find clear explanations of plea bargaining, diversion, abuse excuse, consecutive sentences, Good Samaritan laws and much more.
With this book you’ll be able to:
learn the law with real-life examples
understand procedures from arraignment through sentencing
determine defenses to common crimes
examine actual criminal statutes
understand juvenile court
know how appeals work
learn how to work with a lawyer
This edition has been thoroughly updated to reflect the latest criminal law trends and Supreme Court rulings.