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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 criminaljusticesystem includes expanded coverage of the components of this system, particularly courts and corrections, trends in the juvenile justicesystemand a new discussion of how U.S constitutionallaw 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 ConstitutionalLaw 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 andthe 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 CriminalJustice Society andthe National Institute of Justice, these videos will help you introduce your students to the scholars who have developed thecriminal 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 andthe Warren Courts, and a profile of the current Supreme Court andthe 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 andthe Criminal JusticeSystem will, we believe, prove an ideal solution Approach We created this text with the express intent of making the learning of constitutionallaw 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 ConstitutionalLaw of Marbury v Madison (1803) the Court considered whether it had the authority to review laws passed by the Congress andthe 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 andthe 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 Criminaljustice 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 theCriminalJusticeSystem 106 Discrimination in Law Enforcement 107 Discrimination in the Courts 109 Discrimination in Corrections 111 Is There Systematic Discrimination in theCriminalJustice 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
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