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  • Front Cover

  • Title Page

  • Copyright

  • About the Authors

  • Brief Contents

  • Contents

  • SECTION I: A Foundation for Understanding Constitutional Law

    • Chapter 1: An Historical Overview

      • Introduction

      • Where It All Began

      • Development of the United States of America

      • The Revolution Begins

      • The Declaration of Independence

      • The Constitution Takes Shape

      • The Constitution of the United States: An Overview

      • A Balance Is Struck with the Bill of Rights

      • A Nearly Timeless Document

      • Where the Declaration of Independence and Constitution Are Today

      • Federalism at Work in the Criminal Justice System

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Additional Resources

      • Cases Cited

    • Chapter 2: An Overview of the U.S. Legal System

      • Introduction

      • Theories about and the Purpose of the Legal System

      • The Law Defined

      • Development of the Law

      • The Continuing Need for Law

      • American Law Lives

      • Categorizing Law

      • The Components of the U.S. Legal System

      • The Court System

      • Officers of the Court

      • An Adversarial Judicial System

      • The Constitution and Criminal Justice in the United States: The Big Picture

      • American Criminal Justice beyond Our Borders

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Additional Resources

      • Cases Cited

    • Chapter 3: The Supreme Court of the United States: The Final Word

      • Introduction

      • Authority for the Supreme Court

      • Jurisdiction of the Supreme Court

      • Judicial Review

      • Certiorari: Deciding Which Cases to Hear

      • The Supreme Court Justices

      • The Influence of the Supreme Court on the Justice System

      • The Current Supreme Court

      • Politics and the Supreme Court

      • Traditions and Procedures

      • Where Supreme Court Decisions May Be Found

      • The Power of the Supreme Court

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Cases Cited

    • Chapter 4: Researching the Law

      • Introduction

      • The Importance of Knowing How to Research the Law

      • Popular, Scholarly and Professional Sources

      • Primary and Secondary Sources

      • Reading Legal Citations

      • Case Law

      • Shepardizing

      • Computerized Legal Research

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignment

      • Companion Web Site

      • References

      • Resources

      • Cases Cited

  • SECTION II: The Guarantees of the Constitution to Citizens: Civil Rights and Civil Liberties

    • Chapter 5: Equal Protection under the Law: Balancing Individual, State and Federal Rights

      • Introduction

      • The Thirteenth Amendment

      • The Fourteenth Amendment

      • Discrimination versus Prejudice

      • The Roots of Racial Discrimination

      • The Struggle for Equality

      • Equality in the Twenty-First Century

      • Equal Protection in the Criminal Justice System

      • Balancing State and Federal Power and Individual Rights

      • Selective Incorporation

      • A Check on Federal Power

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Cases Cited

    • Chapter 6: The First Amendment: Basic Freedoms

      • Introduction

      • Freedom of Religion

      • Freedom of Speech

      • Freedom of the Press

      • The Right to Peaceful Assembly

      • First Amendment Rights of Prisoners

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignment

      • Companion Web Site

      • References

      • Additional Resources

      • Cases Cited

    • Chapter 7: The Second Amendment: The Gun Control Controversy

      • Introduction

      • Historical Background

      • The Debate: Interpreting the Second Amendment

      • Current Legal Status of the Nonincorporated Second Amendment

      • Case Law and the Second Amendment

      • States and the Second Amendment

      • Federal Regulation and the Second Amendment

      • The Current Gun Control Controversy

      • Joint Government and Community Efforts to Respond to Gun-Related Violence

      • A Final Consideration: Gun Control as a Political Issue

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Cases Cited

  • SECTION III: Constitutional Amendments Influencing the Criminal Justice System

    • Chapter 8: The Fourth Amendment: An Overview of Constitutional Searches and Seizures

      • Introduction

      • The Importance of the Fourth Amendment to Law Enforcement

      • Who Is Regulated by the Fourth Amendment?

      • The Clauses of the Fourth Amendment

      • Search and Arrest Warrants

      • The Continuum of Contacts

      • The Law of Stop and Frisk

      • Consequences of Fourth Amendment Violations

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Additional Resource

      • Cases Cited

    • Chapter 9: Conducting Constitutional Seizures

      • Introduction

      • What Gives Police the Right?

      • Investigatory Stops

      • An Arrest or Not?

      • Arrests

      • When Arrests May Be Lawfully Made

      • Where Arrests May Be Made

      • The Knock and Announce Rule

      • Fresh and Hot Pursuit

      • Use of Force in Making an Arrest

      • Citizen’s Arrest

      • Rights of Those in Custody

      • Immunity from Arrest

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Cases Cited

    • Chapter 10: Conducting Constitutional Searches

      • Introduction

      • Tenets of Fourth Amendment Search Analysis

      • The Scope of Searches

      • Searches with a Warrant

      • Searches without a Warrant

      • Electronic Surveillance and the Fourth Amendment

      • The Fourth Amendment and Corrections

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Additional Resource

      • Cases Cited

    • Chapter 11: The Fifth Amendment: Due Process and Obtaining Information Legally

      • Introduction

      • Government’s Need to Know

      • The Right against Self-Incrimination

      • Due Process of Law

      • The Fifth Amendment and Confessions

      • Miranda

      • The Public Safety Exception

      • The Interplay between the Fourth and Fifth Amendments

      • Using Informants

      • Entrapment

      • Other Rights Guaranteed by the Fifth Amendment

      • Fifth Amendment and Corrections

      • USA PATRIOT Act

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Cases Cited

    • Chapter 12: The Sixth Amendment: Right to Counsel and a Fair Trial

      • Introduction

      • Speedy and Public Trial

      • Where the Trial Is Held

      • An Impartial Jury

      • Being Informed of the Accusation

      • The Right to Confront Witnesses

      • Compulsory Process

      • Right to Counsel

      • Right to Counsel at Critical Stages of Criminal Proceedings

      • The Presumption of Effective Counsel

      • Waiver of Sixth Amendment Right to Legal Counsel

      • The Right to Act as One’s Own Counsel

      • Juveniles and the Sixth Amendment

      • The Sixth Amendment and Corrections

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Cases Cited

    • Chapter 13: The Eighth Amendment: Bail, Fines and Punishment

      • Introduction

      • A Brief History of Punishment

      • Bail

      • Fines

      • Cruel and Unusual Punishment

      • Capital Punishment

      • The Eighth Amendment and Corrections

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Cases Cited

  • SECTION IV: Coming Full Circle

    • Chapter 14: The Remaining Amendments and a Return to the Constitution

      • Introduction

      • The Remaining Amendments of the Bill of Rights

      • Amendments beyond the Bill of Rights

      • Attempts at Other Amendments

      • Summary

      • Discussion Questions

      • InfoTrac College Edition Assignments

      • Internet Assignments

      • Companion Web Site

      • References

      • Cases Cited

  • Epilogue

  • Appendixes

    • Appendix A: The Declaration of Independence

    • Appendix B: The United States Constitution and Amendments

    • Appendix C: Marbury v. Madison and Miranda v. Arizona

  • Glossary

  • Author Index

  • Subject Index

Nội dung

[...]... This updated summary of the U.S criminal justice system includes expanded coverage of the components of this system, particularly courts and corrections, trends in the juvenile justice system and a new discussion of how U.S constitutional law is being challenged by the blurring of jurisdictional boundaries worldwide Chapter 3: The Supreme Court of the United States: The Final Word The concept of federalism... better understand social and cultural development Similarly, by investigating the 6 Section I A Foundation for Understanding Constitutional Law events that have led to our present laws, you are better able to understand both how and why we have the laws we do When the pilgrims first came to America, they realized they needed to band together for their own security, so even before landing, as the ship Mayflower... suicide and the police officer, the court process, the history of corrections, prison society and juvenile justice Preface a a a a Oral History Project: Developed in association with the American Society of Criminology, the Academy of Criminal Justice Society and the National Institute of Justice, these videos will help you introduce your students to the scholars who have developed the criminal justice. .. greater detail, as well as how the separation of powers impacts the workings and opinions of the court The chapter also includes a new section on the controversy over and alternatives to judicial review, a comparison of the Rehnquist and the Warren Courts, and a profile of the current Supreme Court and the politics of recent decisions Chapter 4: Researching the Law Expanded coverage of LEXIS/NEXIS is... clause, the U.S Supreme Court declared itself the supreme law of the land The key concepts of the text are spotlighted in this way and answer the chapter-opening “Do You Know?” questions b Pay special attention to all the words in bold print The key terms of the chapter appear this way the first time they are used 3 When you have finished reading the chapter, read the summary—your third exposure to the. .. journey through the fascinating study of American constitutional law, Constitutional Law and the Criminal Justice System will, we believe, prove an ideal solution Approach We created this text with the express intent of making the learning of constitutional law as enjoyable and productive as possible We have developed a natural progression to help students build their knowledge Even the layout was done... not In this role, the Supreme Court becomes the ultimate maker of law In the famous case 1 2 Section I A Foundation for Understanding Constitutional Law of Marbury v Madison (1803) the Court considered whether it had the authority to review laws passed by the Congress and the Court declared that it did Some argue that by so doing, the U.S Supreme Court has become the de facto ultimate lawmaking body in... Constitution, the debates that occurred, the ratification process and the addition of the Bill of Rights The chapter concludes with a discussion of the Constitution, including the Bill of Rights, as a living law, and where the Constitution and Bill of Rights are currently archived Where It All Began A constitution is a system of basic laws and principles that establish the nature, functions and limits... evaluate the circumstances and react Young police officers may think that comprehension of the U.S Constitution is beyond them because they are not lawyers Others might think the odds are against their being immersed in an action or incident that could evolve to the level of review by the U.S Supreme Court They would be wrong on both counts Criminal justice professionals are expected to know the law and. .. 101 Reverse Discrimination 103 Other Forms of Discrimination 103 Equality in the Twenty-First Century 106 Equal Protection in the Criminal Justice System 106 Discrimination in Law Enforcement 107 Discrimination in the Courts 109 Discrimination in Corrections 111 Is There Systematic Discrimination in the Criminal Justice System? 114 Balancing State and Federal Power and Individual Rights Selective Incorporation . Corrections and Criminal Sanctions 52 The Juvenile Justice System 52 The Criminal Justice and Juvenile Justice Systems Compared 53 The Changing Face of American Criminal. Overview of the U.S. Legal System 35 Introduction 36 Theories about and the Purpose of the Legal System 37 The Law Defined 39 Development of the Law 39 Stare

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