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Investigative Criminal Procedure in Focus

  • Todd A. Berger
Series / Aspen Select Series
Teaching Materials
Table of contents

Investigative Criminal Procedure in Focus provides today’s law students with a thorough understanding of investigative criminal procedure. Using an innovative approach to teach the law, its pedagogical features not only facilitate the mastery of complex legal concepts, but provide hands-on exercises that give students the tools they need to succeed.

The book is divided into two parts. Part I provides a general introduction to the world of criminal procedure. Chapter 1 sets the stage by explaining the differences between substantive criminal law and criminal procedure as well as the differences between the investigative and adjudicative stages of the criminal justice process. Chapter 2 focuses on the sources of criminal procedure law. Part II of the text begins the study of investigative criminal procedure. Chapters 3 to 6 each focus on a specific aspect of Fourth Amendment jurisprudence; Chapter 7 focuses on interrogation law; and Chapter 8 addresses eyewitness identifications.

Professors and Students will benefit from:

  • The Focus Casebook Series structure that uses author-written text to explain doctrine, openly and clearly.
    • Many criminal procedure issues lend themselves to not only doctrinal discussion of the law, but also to broader policy-oriented topics. Berger takes a balanced approach that allows professors to choose which policy issues to cover in class.
  • Thoughtfully selected cases, framed by introductory questions and post-case analysis, that teach students key concepts.
  • Real Life Applications, Applying the Rules, and Criminal Procedure in Practice hypotheticals, frequently based on real cases, that provide opportunities for critical analysis and application of concepts covered in the chapters.
  • A discussion in Chapter 1 ofcompeting values in criminal procedure as well as the roles of race, class, and gender in criminal law.
  • Complete and thoughtful discussion Fourth Amendment including:
    • What constitutes a Fourth Amendment search and seizure
    • Who is covered by the Fourth Amendment
    • The state action and standing requirements (Chapter 3)
    • Probable cause and warrants (Chapter 4)
    • Exceptions to the warrant requirement (Chapter 5)
    • The exclusionary rule (Chapter 6)
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About the authors
Todd A. Berger

Professor Todd A. Berger joined the College of Law faculty in 2012. He is currently an Associate Professor, serving as Director of Advocacy Programs. Berger’s scholarship is concentrated in the areas of criminal law and procedure, as well as the intersection of trial advocacy and attorney ethics. In recognition of his excellence in teaching, Berger received Syracuse University’s Meredith Teaching Recognition Award in 2017. He also was selected by the graduating class of 2015 to receive the College’s Res Ipsa Loquitur Award. This honor is given to an outstanding faculty member for “service, scholarship, and stewardship” to the students. Before joining the College, Berger was the founding Managing Attorney of the Federal Prisoner Reentry Project at Rutgers School of Law-Camden. Previously, he worked as an assistant public defender with the Defender Association of Philadelphia, representing indigent defendants throughout all stages of the criminal justice system, from arraignment through trial and post-verdict motions. He also was a Lecturer in Law at the University of Pennsylvania School of Law, where he taught the Criminal Defense Clinic. Berger earned a bachelor’s degree from George Washington University, a Juris Doctor from Temple University School of Law, and an L.L.M. in Trial Advocacy from Temple University.

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Criminal Procedure
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