W Aspen College Series r i g h t Criminal Procedure C Criminal Procedure r i m From the Courtroom to the Street From the Courtroom to the Street i n Roger Wright a l Preparing the student for a career in criminal justice, CRIMINAL PROCEDURE: P From the Courtroom to the Street, was written with the undergraduate in mind. Drawing on deep wells of experience as a police officer and practicing criminal r o defense attorney, author Roger Wright knows that criminal justice professionals c need to have an integrated understanding of legal theory, procedure, and practice. Whether making an arrest, collecting evidence, or conducting an interrogation, e they must be able to make sound legal decisions in action. d u ■ On the Street hypotheticals that exemplify the decisions and actions r of criminal justice professionals in a variety of scenarios e ■ Key appellate cases, presented in a straightforward style, that convey a practical understanding of criminal procedure ■ Readable text, focused on the legal decision-making skills needed when F r making an arrest, collecting evidence, or conducting an interrogation o m ■ Logically organized topics that are pertinent to the actual work of criminal t justice professionals: h e □ Section I provides an overview of the criminal justice process C □ Section II covers search and seizure o □ Section III surveys the issues surrounding the spoken word as evidence. u r □ Section IV delves into several constitutional issues that impact how tr o criminal procedure unfolds in the courtroom o m t o Applying the law of Criminal Justice t h From the Courtroom to the Street e S t r e e t Roger Wright www.wklegaledu.com 20 Criminal Procedure EDITORIAL ADVISORS Carol A. Archbold North Dakota State University George E. Higgins University of Louisville Evan Mandery John Jay College of Criminal Justice G. Larry Mays New Mexico State University Holly Ventura Miller University of Texas, San Antonio Aspen College Series Criminal Procedure From the Courtroom to the Street Roger Wright Professor School of Criminal Justice University of Cincinnati Copyright © 2015 CCH Incorporated. Published by Wolters Kluwer in New York. Wolters Kluwer serves customers worldwide with CCH, Aspen Publishers, and Kluwer Law Interna- tional products. (www.wolterskluwerlb.com) No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or utilized by any information storage or retrieval sys- tem, without written permission from the publisher. For information about permissions or to request permissions online, visit us at www.wolterskluwerlb.com, or a written request may be faxed to our permissions department at 212-771-0803. To contact Customer Service, e-mail [email protected], call 1-800-234-1660, fax 1-800-901-9075, or mail correspondence to: Wolters Kluwer Attn: Order Department PO Box 990 Frederick, MD 21705 Library of Congress Cataloging-in-Publication Data Wright, Roger, 1953- author. Criminal procedure : from the courtroom to the street / Roger Wright, Professor, School of Criminal Justice, University of Cincinnati. pages cm. — (Aspen college series) Includes index. eISBN: 978-1-4548-6773-9 1. Criminal procedure — United States--Outlines, syllabi, etc. I. Title. 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Summary of Contents Table of Contents ix Preface xxi Acknowledgments xxiii About the Author xxv Section I: Foundations of Criminal Procedure Chapter 1 Introduction to Criminal Procedure 5 Chapter 2 The Appellate Process 17 Chapter 3 The History and Development of Due Process 29 Chapter 4 The Exclusionary Rule 37 Section II: Search and Seizure Chapter 5 Search and Seizure of Persons 53 Chapter 6 Stop and Frisk 73 Chapter 7 Investigative Detentions and Searches 87 Chapter 8 Search and Seizure Evidence 99 Chapter 9 Consent Searches 119 Chapter 10 Vehicle Searches 131 Section III: Self-Incrimination Chapter 11 The Spoken Word as Evidence 145 Chapter 12 The Application of the Miranda Warnings 159 Chapter 13 Identifi cation Procedures 177 Section IV: Constitutional Issues Chapter 14 The Right to Trial 189 Chapter 15 Double Jeopardy 203 Chapter 16 The Right to Counsel 211 Chapter 17 Bail and Pretrial Detention 219 Chapter 18 Sentencing and Punishment 225 Chapter 19 The Death Penalty 241 Legal Terminology List 249 Table of Cases 255 Index 257 Contents Preface xxi Acknowledgments xxiii About the Author xxv Section I Foundations of Criminal Procedure Chapter 1: Introduction to Criminal Procedure 5 Sources of Law 5 Th e U.S. Constitution and Bill of Rights 5 State Constitutions 5 Appellate Courts 6 Th e U.S. Supreme Court 6 Statutory Law 7 State Versus Federal Procedure 7 Criminal Versus Civil Law 8 Th e Criminal Justice Process: Investigation to Sentencing 9 Investigation 9 Arrest 9 Initial Appearance/Bail Hearing/Arraignment 10 Preliminary Hearing 10 Grand Jury 11 Felony Arraignment 11 Pretrial Motions 12 Plea Bargaining 12 Trial 13 Sentencing 13 Misdemeanor Trial Process 15 Summary 15 Review Questions 15 Legal Terminology 16 References 16