Criminal Procedure, Fifth Edition

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Written in a student-friendly manner, the Fifth Edition of Criminal Procedure eschews excessive reliance on rhetorical questions and law review excerpts in favor of comprehensive exploration of black letter law and current policy issues. Authored by a pair of well-respected criminal and constitutional law scholars, Criminal Procedure utilizes a chronological approach that guides students through criminal procedure doctrine from rules governing law enforcement investigation to doctrine concerning habeas corpus relief. In addition to presenting the perspectives from various stakeholders (e.g. defense attorneys, judges, prosecutors, and victims), the authors take care to provide students with useful, practice-oriented materials, including pleadings and motions papers. Criminal Procedure not only employs a systemic approach that takes students through each step of criminal adjudication, but also introduces issues at the forefront of modern criminal procedure debates.

New to the Fifth Edition:

• The Fifth Edition has been thoroughly updated to provide analysis of important, recent decisions in the area of Criminal Procedure, including several decisions from the Supreme Court’s most recent terms and discussion of policy issues at the forefront of criminal law.
• Amended Rules 16(a)(1)(G) and 16(b)(1)(C) (Expert Witnesses)
• Changes in Investigations chapters:
  • New cases, including:
    • Barnes v. Felix (determining whether there is excessive police force)
    • Vega v. Tekoh (the ability to sue police for violating Miranda v. Arizona)
  • New material on police excessive force and on remedies against the police for constitutional violations
• Changes in Adjudication chapters:
  • New cases, including:
    • Andrew v. White (finding unduly prejudicial evidence can be a due process violation)
    • Bucklew v. Precythe (discussing constitutional limits on the method of execution)
    • Denezpi v. United States (detailing dual sovereignty exception to the double jeopardy rule)
    • Erlinger v. United States (examining submission of sentencing issues under the Armed Career Criminal Act to a jury)
    • Glossip v. Oklahoma (reaffirming that prosecutors s failure to correct false testimony during trial are due process violations under Napue v. Illinois)
    •  McGrath v. Georgia (holding that an acquittal stemming from a jury’s verdict of not guilty by reason of insanity also bars a retrial)
    • Samia v. United States (presenting Court’s new approach to Bruton issues)
    • Smith v. Arizona (elaborating on when substitute expert testimony violates Sixth Amendment Confrontation Clause)
    • Smith v. United States (evaluating double jeopardy rules in venue cases)
    • United States v. Tsarnaev (reaffirming rules for addressing pretrial publicity a in jury selection)

Benefits for instructors and students:

• Straightforward writing style and dynamic text
  • Clear text, uncluttered by law review excerpts
  • Reliance on cases and author essays rather than excerpts and rhetoric questions
  • Thoughtfully edited principal and note cases
• Intuitive organization and chronological presentation
  • Topics presented in easy-to-understand approach from investigation to prosecution to post-conviction relief
  • Approachable organization based on common progression through criminal justice system
• Systematic and cohesive presentation of topics
  • Exploration of underlying policy before heading into doctrinal specifics
• Practice-oriented features
  • Discussion of important, modern criminal procedure issues
  • Useful examples for future and current criminal law practitioners