Adjudicative Criminal Procedure in Focus, First Edition

Adjudicative Criminal Procedure in Focus provides today’s law students with a thorough understanding of adjudicative criminal procedure. Using an innovative approach to teaching the law, its pedagogical features not only facilitate the mastery of complex legal concepts but also 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 adjudicative criminal procedure. Chapters 3 and 4 discuss charging decisions and pretrial release, respectively. Chapter 5 explores two concepts related to case screening. Chapter 6 covers the right to counsel, including the right to effective assistance of counsel in the criminal justice system. Chapter 7 focuses on the defendant’s and the prosecution’s right to discovery. Chapter 8 covers three specific types of issues commonly argued in pre-trial motions — the appropriate venue and vicinage for the trial, joinder and severance of defendants, and the right to a speedy trial. In chapter 9, the text addresses guilty pleas and the plea-bargaining process. Chapter 10 explores several aspects of the criminal trial, Chapter 11 addresses sentencing law, and Chapter 12 covers the right against double jeopardy. The study of adjudicative criminal procedure concludes with the right to appeal and seek collateral review in Chapter 13.

Professors and students will benefit from:

• Author-written text that explains 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 for teaching students the key concepts, framed by introductory questions and post-case analysis.
• Real Life Applications, Applying the Rules, and Criminal Procedure in Practice hypotheticals, frequently based on real cases, providing opportunities for critical analysis and application of concepts covered in the chapters.
• A discussion of competing values in criminal procedure as well as the roles of race, class, and gender in criminal law, included in Chapter 1.
• A wide range of topics in adjudicative criminal procedure, from the initial charging decision through appellate and collateral relief.
• Complete and thoughtful discussion of topics students are likely to encounter frequently, and early, in their careers, including setting bail, plea bargaining, and sentencing.