Stacy C. Moak - Criminal Justice Procedure

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CRIMINAL JUSTICE PROCEDURE

Criminal Justice Procedure

8th Edition

Stacy C. Moak
Ronald L. Carlson

First published 2013

by Anderson Publishing

Published 2015

by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

2013 Taylor & Francis.

All rights reserved.
No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any infor mation storage or retrieval system, without permission in writting from the publishers.

Notices
No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use of operation of any methods, products, instructions or ideas contained in the material herein.

Practitioners and researchers must always rely on their own experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein. In using such information or methods they
should
be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility.

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

This book and the individual contributions contained in it are protected under copyright by the Publisher (other than as may be noted herein).

Library of Congress Cataloging-in-Publication Data
Application submitted

British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library.

ISBN-13: 978-1-4557-3048-3 (pbk)

Contents

An inherent conflict in any system of justice is to balance the need for public safety against the rights of individuals. In the United States, our Constitution sets forth those protected rights that limit the powers of the government into our lives. Early in our country's development, the Constitution only protected citizens from unwarranted intrusion by the federal government. Through the process of incorporation, however, most of those rights are now protected from state action as well.

Citizens are entitled to an expectation of privacy in their person, papers, and effects from unwarranted government intrusion. Thus the Fourth Amendment requires that officers have a warrant before searching or seizing citizens. The warrant provides a layer of protection between the citizen and law enforcement. Although exceptions to the warrant requirement exist, which are detailed in this book, those exceptions are limited, and violations of the warrant provision can lead to evidence being excluded from trials.

Once a citizen is arrested by law enforcement, the Fifth Amendment protections from self incrimination come into play and citizens are entitled to have an attorney present to advise them in their custodial interrogations. In this case, the attorney provides an added layer of protection between the citizen and the actions of law enforcement. Cases identifying circumstances in which citizens are entitled to Fifth Amendment protections are detailed in this book.

If a citizen proceeds into the system to the point of a criminal trial, various other protections are afforded that person through the Sixth Amendment. For example, an accused is entitled to an attorney, and the state is required to provide an attorney for one who is indigent. Further, the accused is entitled to a public trial before a jury of his or her peers. In this instance, the jury serves as an added layer of protection between the citizen and the actions of the state.

This book explores constitutionally protected rights enjoyed by citizens in the United States. Cases are presented in each chapter, mostly stemming from the U.S. Supreme Court. The Supreme Court is the law of the land, thus, it applies equally to all jurisdictions within the United States. The cases provide the substance of procedural law. Students should read the cases, delve into the information, and consider both sides of the argument in each case. Criminal Procedure is a topic that must be applied to be understood. The intent of this textbook is to provide students opportunities to apply principles outlined in the chapters through the cases that demonstrate the principles. The goal is for students to then be able to apply the principles in other situations demonstrating the same, or similar, types of conflicts.

The Eighth Edition of this text involved a significant revision, and would not have been possible without the input of several individuals. Research assistance was provided by Alesa Liles who is a PhD student at the University of Arkansas at Little Rock. Additionally, both Jeffery Walker and Craig Hemmens provided important input into the structure and layout of each chapter, as well as review and revision of the case briefs. At the publisher's level, Greg Charlson and Pam Chester provided appreciated editorial oversight.

An understanding of the roles and responsibilities of criminal procedure within the justice system is important for every citizen in the United States. This book is aimed at providing that basic understanding.

Stacy C. Moak,
Professor and Graduate Coordinator
Little Rock, Arkansas
July 2012

Interactive resources can be accessed for free by registering at www.routledge.com/cw/moak

For the Instructor

• Test Bank Compose, customize, and deliver exams using an online assessment package in a free Windows-based authoring tool that makes it easy to build tests using the unique multiple choice and true-or-false questions created for Civil Liability in Criminal Justice. What's more, this authoring tool allows you to export customized exams directly to Blackboard, WebCT, eCollege, Angel, and other leading systems. All test bank files are also conveniently offered in Word format.
• PowerPoint Lecture Slides Reinforce key topics with focused PowerPoint slides, which provide a perfect visual oudine with which to augment your lecture. Each individual book chapter has its own dedicated slideshow.
• Lesson Plans Design your course around customized lesson plans. Each individual lesson plan acts as a separate syllabus containing content synopses, key terms, content synopses, directions to supplementary websites, and more open-ended critical thinking questions designed to spur class discussion. These lesson plans also delineate and connect chapter-based learning objectives to specific teaching resources, making it easy to catalogue the resources at your disposal.

For the Student

• Self-Assessment Question Bank Enhance review and study sessions with the help of this online self-quizzing asset. Each question is presented in an interactive format that allows for immediate feedback.
• Case Studies Apply what is on the page to the world beyond with the help of topic-specific case studies, each designed to turn theory into practice and followed by three interactive scenario-based questions that allow for immediate feedback.

Amendment I [1791]

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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