Police Procedure And Evidence In The Criminal Justice System

Police procedure and evidence brought to life! A key text for all those on policing degree or other pre-join routes, this book examines police procedure and evidence in the criminal justice system, providing clear and accessible information while encouraging analysis and reflection. Chapters cover police powers, stop and search, arrest and custody, disposals, court procedures and disclosure, and rehabilitation. Uniquely it follows the journey of a fictional family who all in one way or another become involved in the criminal justice system, allowing students to consider a range of possible options and outcomes and bringing the theory to life.

Providing a complete view of U.S. legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common-law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society’s need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more classic criminal justice issues to which readers can relate. These problems are presented from the points of view of citizens caught up in a police investigation and of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system.

In any episode of the popular television show Law and Order, questions of police procedure in collecting evidence often arise. Was a search legal? Was the evidence obtained lawfully? Did the police follow the rules in pursuing their case? While the show depicts fictional cases and scenarios, police procedure with regard to search and seizure is a real and significant issue in the criminal justice system today. The subject of many Supreme Court decisions, they seriously impact the way police pursue their investigations, the way prosecutors proceed with their cases, and the way defense attorneys defend their clients. This book answers these questions and explains these decisions in accessible and easy to follow language. Each chapter explores a separate case or series of cases involving the application of the Fourth Amendment to current police investigatory practices or prosecutorial conduct of the criminal trial. The police-related cases involve topics such as searches of suspects (both prior and incident to arrest), pretext stops, the knock-and-announce rule, interrogation procedures, and the parameters of an individual's reasonable expectation of privacy. The prosecutor-related cases involve topics such as jury selection, the right to counsel, and sentencing. This important overview serves as an introduction to the realities and practicalities of police investigation and the functioning of the criminal justice system when search and seizure becomes an issue.

A concise and comprehensive introduction to the law of evidence, Criminal Evidence takes an active learning approach to help readers apply evidence law to real-life cases. Bestselling author Matthew Lippman, a professor of criminal law and criminal procedure for over 25 years, creates an engaging and accessible experience for students from a public policy perspective through a multitude of contemporary examples and factual case scenarios that illustrate the application of the law of evidence. Highlighting the theme of a balancing of interests in the law of evidence, readers are asked to apply a more critical examination of the use of evidence in the judicial system. The structure of the criminal justice system and coverage of the criminal investigative process is also introduced to readers.

Legal Ease is a versatile book that addresses how laws evolve and change as if they were living, breathing entities that are a mirror reflecting societal change. This new third edition offers the reader an expansive and practical guide to the many aspects of law. Presented in three sections, the book explains the practice of law through all phases of the criminal justice system. Part One, Criminal Law Explained, offers a history of law, defines criminal conduct, and explains the tools attorneys use in their practice. Section Two, Criminal Procedure and Evidence, details the steps required to institute constitutional search, seizure, and arrest. It also provides a comprehensive description of the duties and responsibilities of prosecutors, defense attorneys, law enforcement, and court personnel. Section Three, A Walk Through the Criminal Justice System, takes the reader step-by-step through the process of a trial, from jury selection to verdict and sentencing, and finally to the appeal process. Defendants’ rights are discussed as they navigate through the criminal justice system. The ideas and principles behind the country's constitutional amendments are explained, with many case examples offered to illustrate. Additional topics new to this edition address privacy rights, picketing at funerals, free speech/cruelty to animals, youthful offenders and sentencing, strip search of students, sexting, deportation and minor drug cases, DNA testing, warrantless search, medicare scams, and workforce retaliation, among others. The inclusion of “Key Words” and “Questions for Review and Discussion” sections at the end of each chapter will prove invaluable to instructors and students. This comprehensive volume continues to give groups who are new to the scene, as well as those who aren’t, an easy-to-read book of reference for all those nuances the law continues to press onto the legal system.

"Introductory text on criminal law and procedure"--

This groundbreaking monograph asserts the need for the establishment of an exclusionary rule of evidence in China as a means of protecting the people from police wrongdoing. The author skilfully explores the foundations and developments of the exclusionary rule in the UK and USA, assessing the rule from a comparative perspective and illuminating some issues that may arise in transferring the rule from one legal system to another. Divided into two parts, the first part discusses lessons from the past, and provides an in-depth examination of the development of the exclusionary rule in the UK and USA, covering rationales, debates and the theoretical foundation of the exclusionary rule in the constitutional context. The second part looks to the future and the establishment of a Chinese exclusionary rule. Specifically, it analyses the effects of police torture, the passive attitude of judges and the need to establish such a rule in practice for future protection of human rights. The author’s experience in criminal law and procedure allow him to adroitly analyse crucial issues on both theoretical and practical level that is understandable to those working in the areas of human rights, comparative criminal procedure, and the Chinese legal system.

Explains the procedural aspects of the criminal justice system systematically, making the concepts easy to apply to any state's specific procedural laws. This edition continues its detailed coverage of the Exclusionary Rule and the Miranda procedures, includes compelling human-interest stories and offers more balanced coverage of consensual encounter, detention and arrest. Examines procedures systematically, beginning from the point of an individual's first contact with police, through the law enforcement process, the courts, the correctional system, and back into the community on probation or parole. Defines terms and helps readers develop fluency in the legalese that is used by professionals in the field. It is ideal for those new to criminal procedures because its writing is clear, its appellate excerpts and citations are understandable, and it introduces unfamiliar concepts and terms before they are discussed within the chapter.

"Providing a complete view of US legal principles, this book addresses distinct issues as well as the overlays and connections between them. It presents as a cohesive whole the interrelationships between constitutional principles, statutory criminal laws, procedural law, and common law evidentiary doctrines. This fully revised and updated new edition also includes discussion questions and hypothetical scenarios to check learning. Constitutional principles are the foundation upon which substantive criminal law, criminal procedure law, and evidence laws rely. The concepts of due process, legality, specificity, notice, equality, and fairness are intrinsic to these three disciplines, and a firm understanding of their implications is necessary for a thorough comprehension of the topic. This book examines the tensions produced by balancing the ideals of individual liberty embodied in the Constitution against society's need to enforce criminal laws as a means of achieving social control, order, and safety. Relying on his first-hand experience as a law enforcement official and criminal defense attorney, the author presents issues that highlight the difficulties in applying constitutional principles to specific criminal justice situations. Each chapter of the text contains a realistic problem in the form of a fact pattern that focuses on one or more of the classic criminal justice issues to which readers can relate. These problems are presented from both the point of view of citizens caught up in a police investigation and from the perspective of police officers attempting to enforce the law within the framework of constitutional protections. This book is ideal for courses in criminal law and procedure that seek to focus on the philosophical underpinnings of the system"--