Investigative Criminal Procedure: A Comparative Approach, First Edition

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Investigative Criminal Procedure: A Comparative Approach, First Edition picks up Chapters 1 through 9 from the author’s casebook, Criminal Procedure: A Comparative Approach, First Edition, and focuses on how the Fourth, Fifth, and Sixth Amendments inform the regulation of detention, arrest, search and seizure, the use of secret investigative techniques and identification practices, and the interrogation of criminal suspects in the prevention and investigation of crime in the U.S. It explores the extent to which the criminal investigation is still secret and police-dominated and covers when the right to counsel is guaranteed during crucial investigative measures such as line-ups, interrogations, and searches. It also deals with the extent to which police and prosecutors may use racial profiling, deception, and pretext to induce criminal suspects to waive their constitutional rights to their own detriment. Finally, it compares the extent to which evidence gathered in violation of fundamental rights may be used to prove guilt at trial. 

The comparative approach shows how the U.S. has moved from a “due process” emphasis in the 1960s and 70s, which influenced countries all over the world, to one which prioritizes “crime control”; and compares the historical and contemporary U.S. approach with current jurisprudence and legislation in Europe and other democracies. This text helps students in the U.S. and abroad to better identify the strengths and weaknesses of their own systems while also prompting them to discuss the approaches which are more just, humane, and appropriate for a democratic society.

Benefits for instructors and students:

• Cases and other excerpted materials: A wealth of interesting and well-edited cases, both U.S. and international, providing material for comparative analysis and stimulation for classroom discussion.
• U.S. Law Notes: Supplements to the excerpted seminal cases, discussing nuances in the prevailing approach and divergences among states which accord more protection than the U.S. Supreme Court.
• Discussion: Provocative questions and information, designed to encourage students and instructors to identify the similarities and differences between U.S. and foreign law, and to discuss which approaches may be the preferred ones.
• Online Appendix: A wealth of high court opinions and statutory law, for those students or instructors who wish to delve deeper into a particular area, who are enrolled in classes that are not heavily focused on U.S. law, or who need additional resources for writing papers.
• Glossary of Terms and Concepts Translated from French, German, Italian, Russian and Spanish: Important information (especially helpful for non-U.S. students) to help clear up potential terminological confusion.
• Further Reading (U.S. and Comparative): Chapter-end suggestions for books and articles (each list focusing exclusively on U.S. or comparative law), related to the issues discussed in the chapter.