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Comprehensive Criminal Procedure, Sixth Edition

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Authors
  • Ronald J. Allen
  • Joseph L. Hoffmann
  • Debra A. Livingston
  • Andrew D. Leipold
  • Tracey L. Meares
Series / Aspen Casebook Series
BOOKMARK
Book length
1776 pages
Publication Date
2025-02-01
Edition
Sixth Edition
Teaching Materials
NO
Description
Table of contents
Preface

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes practice questions, an outline tool, and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes.

This is a casebook for all introductory courses in criminal procedure law (including both investigation and adjudication courses, as well as comprehensive and survey courses). The casebook focuses primarily on constitutional criminal procedure law, but also covers relevant statutes and court rules. The casebook is deliberately challenging—it is designed for teachers who want to explore deeply not only the contemporary state of the law, but also its historical and theoretical foundations. The casebook incorporates a particular emphasis on empirical knowledge about the real-world impacts of law-in-action; the significance of race and class; the close relationship between criminal procedure law and substantive criminal law; the cold reality that hard choices sometimes must be made in a world of limited criminal justice resources; and, finally, the recognition that criminal procedure law always should strive to achieve both fairness to the accused and justice for society as a whole.

New to the Sixth Edition:
  • New important judicial decisions and statutory and rule changes since the Sixth Edition
  • New “roadmap” introductions to each set of Notes and Questions, providing guidance to both students and faculty
  • Updated and expanded treatment of police use of force
  • Updated treatment of ineffective assistance in plea bargaining
  • A reorganized and substantially revised discussion of the Crawford doctrine
  • Updated notes on contemporary issues such as racial disparity in policing, encryption, false confessions, progressive prosecutors, cash bail, and cybercrimes
Benefits for instructors and students:
  • A rigorous and challenging criminal procedure casebook with presentation and careful editing
  • Sophisticated cases-and-notes book by a prestigious author team that incorporates the latest and most highly respected developments in legal scholarship in the field of criminal procedure law
  • Appropriate balance of explanatory text and secondary material
  • Thematic organization, structured around important main themes
  • Extensive revisions and updates
  • The only criminal procedure casebook on the market today that enables students to understand completely the roots of the modern controversy over privacy and security in a digital age
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Table of Contents
Summary of Contents

Contents 
Preface 
Acknowledgments 

PART ONE
THE CRIMINAL PROCESS 
Chapter 1 Introduction to the Criminal Justice “System”
Chapter 2 The Idea of Due Process

PART TWO
THE RIGHT TO COUNSEL — THE LINCHPIN OF
CONSTITUTIONAL PROTECTION 
Chapter 3 The Right to Counsel and Other Assistance 

PART THREE
THE RIGHT TO BE LET ALONE — AN EXAMINATION
OF THE FOURTH AND FIFTH AMENDMENTS AND
RELATED AREAS 
Chapter 4 The Rise, Fall, and Return of Boyd v. United States 
Chapter 5 The Fourth Amendment 
Chapter 6 Criminal Investigations in the Fourth Amendment’s Shadow 
Chapter 7 The Fifth Amendment 

PART FOUR
THE ADJUDICATION PROCESS 
Chapter 8 The Charging Decision 
Chapter 9 Bail and Pretrial Detention 
Chapter 10 Pretrial Screening and the Grand Jury 
Chapter 11 The Scope of the Prosecution
Chapter 12 Discovery and Disclosure 
Chapter 13 Guilty Pleas and Plea Bargaining
Chapter 14 The Jury and the Criminal Trial 

PART FIVE
POST- TRIAL PROCEEDINGS
Chapter 15 Sentencing
Chapter 16 Double Jeopardy
Chapter 17 Appellate and Collateral Review 
United States Constitution (Selected Provisions)

Table of Cases 
Table of Authorities
Table of Statutes and Rules 
Index 
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Preface
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About the authors
Ronald J. Allen
Northwestern University

Professor Allen is the John Henry Wigmore Professor of Law at Northwestern University, in Chicago, IL. He did his undergraduate work in mathematics at Marshall University and studied law at the University of Michigan. He is an internationally recognized expert in the fields of evidence, procedure, and constitutional law. He has published five books and approximately eighty articles in major law reviews.

The New York Times referred to him as one of the nation’s leading experts on evidence and procedure. He has been quoted in national news outlets hundreds of times, and appears regularly on national broadcast media on matters ranging from complex litigation to constitutional law to criminal justice.

Professor Allen began his career at the State University of New York, and has held professorships at the University of Iowa and Duke University prior to coming to Northwestern. He has lectured on his research at distinguished universities across the world, among them Columbia University, Cornell University, University of Chicago, University of Virginia, University of Pennsylvania, University of Michigan, Duke University, Oxford University, University of London, Leiden University, the Royal Netherlands Academy of Arts and Sciences, University of Edinburgh, University of British Columbia, the University of Paris (Sorbonne), Parma University, Turin University, Pavia University, University of Adelaide, Australia, and Victoria University of Wellington, New Zealand, and UNAM, Mexico City.

In 1991, he was the University Distinguished Visiting Scholar at the University of Adelaide, South Australia. One of his books has been translated into Chinese by the Ministry of Education of the People's Republic of China, and he has been invited to China for a series of lectures in the summer of 2004 and the spring of 2005. He has also been invited to lecture by the governments of Mexico and Trinidad & Tobago.

For the last ten years, his research has focused on the nature of juridical proof. He has been involved as a consultant on numerous cases involving complex litigation in the United States and abroad. He is a member of the American Law Institute, has chaired the Evidence Section of the Association of American Law Schools, and was Vice-chair of the Rules of Procedure and Evidence Committee of the American Bar Association’s Criminal Justice Section.

He has served as a Commissioner of the Illinois Supreme Court, assigned to the Attorney Registration and Disciplinary Commission. He is presently on the Boards of the Constitutional Rights Foundation-Chicago, and the Yeager Society of Scholars of Marshall University. He is, or has served, on various boards and committees of civic and cultural institutions in Chicago.

Joseph L. Hoffmann
Harry Pratter Professor of Law
Indiana University Maurer School of Law

Joseph L. Hoffman is the Harry Pratter Professor of Law at Indiana University Maurer School of Law.

Debra A. Livingston

Judge Livingston was appointed United States Circuit Judge for the Second Circuit on May 17, 2007, and entered on duty June 1, 2007. Prior to her appointment, she was the Paul J. Kellner Professor of Law at Columbia Law School, where she also served as Vice Dean from 2005 to 2006. Judge Livingston joined the Columbia faculty in 1994. She continues to serve as a member of that faculty as the Paul J. Kellner Professor.

Judge Livingston received her B.A., magna cum laude, in 1980 from Princeton University, where she was elected to Phi Beta Kappa. She received her J.D., magna cum laude, in 1984 from Harvard Law School, where she was an editor on the Harvard Law Review. Following law school, she served as a law clerk to Judge J. Edward Lumbard of the United States Court of Appeals for the Second Circuit.

Judge Livingston was an Assistant United States Attorney in the Southern District of New York from 1986 to 1991 and served as a Deputy Chief of Appeals in the Criminal Division from 1990 to 1991. She was an associate with the New York law firm of Paul, Weiss, Rifkind, Wharton & Garrison from 1985 to 1986 and again from 1991 to 1992, when she elected to pursue an academic career. Judge Livingston was a member of the University of Michigan Law School faculty from 1992 until 1994.

Judge Livingston is a co-author of the casebook Comprehensive Criminal Procedure and has published numerous academic articles on legal topics. She has taught courses in evidence, criminal law and procedure, and national security and terrorism. From 1994 to 2003, Judge Livingston was a Commissioner on New York City's Civilian Complaint Review Board.

Andrew D. Leipold

Professor Andrew Leipold, the Edwin M. Adams Professor of Law at the University of Illinois College of Law, graduated summa cum laude in public relations from Boston University. He received his J.D. from the University of Virginia School of Law, where he was a member of Order of the Coif and editor-in-chief of the Virginia Law Review. After graduation, he served as clerk to Judge Abner Mikva of the U.S. Court of Appeals for the District of Columbia Circuit and to Justice Lewis Powell, Jr., of the United States Supreme Court. He then worked for Morgan, Lewis & Bockius in Philadelphia.

Since joining the faculty in 1992, Professor Leipold has been voted Outstanding Faculty Member eight times and received the Campus Award for Excellence in Graduate and Professional Teaching in 2000. Most recently, he served for two and one-half years as associate dean for Academic Affairs. He has been a visiting professor at Boston College Law School and Duke University School of Law, where he was recognized with the Distinguished Teaching Award.

Professor Leipold writes in the area of criminal law and procedure and has served as a consultant to the Illinois Criminal Law Reform Commission, the Governor’s Truth in Sentencing Commission, and the Office of the Independent Counsel for the Whitewater Investigation. His most recent publication is entitled, The Impact of Joinder & Severance on Federal Criminal Cases: An Empirical Study (59 Vanderbilt Law Review). In 2005, he published How the Pretrial Process Contributes to Wrongful Convictions (42 American Criminal Law Review 1123), Why are Federal Judges So Acquittal Prone (83 Washington University Law Quarterly 151), The Grand Jury Clause of the Fifth Amendment (Heritage Foundation Guide to the Constitution), Strategy and Remorse in Capital Trials (80 Indiana Law Journal 47), and Volumes 1 and 1A in Federal Practice and Procedure: Criminal (3d ed.). His essay, The Limits of Deterrence Theory in the War on Drugs, was published in a symposium issue of The Journal of Gender, Race & Justice at the University of Iowa, and he authored a chapter in Controversial Issues in Criminal Justice and Criminology. Other articles include The Problem of the Innocent, Acquitted Defendant (94 Northwestern University Law Review 1297, 2001), and Constitutionalizing Jury Selection in Criminal Cases (86 Georgetown Law Journal 945, 1998).

Tracey L. Meares

Tracey L. Meares is the Walton Hale Hamilton Professor of Law at Yale University. Before arriving at Yale, she was Max Pam Professor of Law and Director of the Center for Studies in Criminal Justice at the University of Chicago Law School. She was, at both The University of Chicago and Yale Law Schools, the first African American woman to be granted tenure. Before going into academia, Professor Meares held positions clerking for the Honorable Harlington Wood, Jr., of the U.S. Court of Appeals for the Seventh Circuit and as an Honors Program Trial Attorney in the Antitrust Division of the United States Department of Justice.

Professor Meares has worked extensively with the federal government, having served on the Committee on Law and Justice, a National Research Council Standing Committee of the National Academy of Sciences from 2004–2011. Additionally, she has served on two National Research Council Review Committees: one to review research on police policy and practices, which produced the book, Fairness and Effectiveness in Policing: The Evidence (2004, Skogan and Frydl, eds.) and another to review the National Institute of Justice, Strengthening the National Institute of Justice (2010, Welford, Chemers and Schuck, eds).

In November of 2010, Meares was named by Attorney General Eric Holder to sit on the Department of Justice’s newly-created Science Advisory Board. And in December 2014, President Obama named her as a member of his Task Force on 21st Century Policing. Professor Meares’s teaching and research interests focus on criminal procedure and criminal law policy, with a particular emphasis on empirical investigation of these subjects. Her writings on such issues as crime prevention and community capacity building are concertedly interdisciplinary and reflect a civil society approach to law enforcement that builds upon the interaction between law, culture, social norms, and social organization.

She has written widely on these topics in both the academic and trade press. To this end, Professor Meares has been engaged in a number of action-oriented research projects in Chicago, Northern California, and several sites across New York State focused on violence reduction through legitimacy-enhancing strategies. Meares has been especially interested as of late in teaching and writing about communities, police legitimacy, and legal policy, and she has lectured on this topic extensively across the country to audiences of academics, lay people, and police professionals.

Together with Tom Tyler, she directs the Justice Collaboratory at Yale Law School, which plays a central role, along with John Jay University and the Center for Policing Equity at UCLA in a new federal initiative to build trust and confidence in the criminal justice system. She has a B.S. in general engineering from the University of Illinois and a J.D. from the University of Chicago Law School.
Product Information
Edition
Sixth Edition
Publication date
2025-02-01
Copyright Year
2024
Pages
1776
Connected eBook with Study Center + Hardcover
9798889061823
Connected eBook with Study Center (Digital Only)
9798889061830
Subject
Criminal Procedure
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