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Criminal Procedure: Doctrine, Application, and Practice, Second Edition

  • Jens David Ohlin
Series / Aspen Casebook Series
Teaching Materials
Table of contents

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Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors.

New to the Second Edition:

  • Torres v. Madrid (2021) and its central question for criminal procedure: Does a shooting by a police officer that fails to incapacitate a suspect, who temporarily eludes capture, constitute a seizure?
  • Simplified but enhanced materials regarding automobile searches.
  • Simplified materials regarding protective sweeps.
  • Enhanced materials on Terry stops, exploring both doctrinal developments and policy implications.
  • Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing Apodaca and its confusing array of overlapping plurality opinions.
  • Edwards v. Vannoy (2021) and its holding that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms.
  • Discovery reform in New York State.

Benefits for instructors and students:

  • A mixture of classic and new Supreme Court cases on criminal procedure.
  • Call-out boxes that outline statutory requirements.
  • Call-out boxes that focus on more demanding state law rules.
  • Problem cases that require students to apply the law to new facts.
  • A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them.
  • Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students.
  • Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles).
  • Logical organization and manageable length.
  • Open, two-color design with appealing visual elements (including carefully selected photographs).
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About the authors
Jens David Ohlin
Cornell University

Jens David Ohlin is Associate Dean for Academic Affairs and Professor of Law at Cornell Law School. At Cornell, he teaches Criminal Law, International Law, International Criminal Law, and the Laws of War. His research focuses on all aspects of criminal law, including domestic, comparative, and international criminal law. His books include Defending Humanity: When Force is Justified and Why (Oxford University Press 2008, with George Fletcher) and The Assault on International Law (Oxford University Press 2012). In the area of criminal law, Professor Ohlin concentrates on the application of traditional criminal law theory by international tribunals, especially with regard to conspiracy, joint criminal enterprise, and co-perpetration, and more generally the philosophical foundations of collective criminal action. His work has been cited by judges and litigants at several criminal tribunals, including the International Criminal Court (ICC), the International Criminal Tribunal for the former Yugoslavia (ICTY), and the Extraordinary Chambers in the Courts of Cambodia (ECCC). He also is a member of an international working group, centered in The Hague, developing a codification of general rules and principles of international criminal procedure. His scholarly work has appeared in the Cornell Law Review, Columbia Law Review, Minnesota Law Review, Harvard International Law Journal, Yale Journal of International Law, Michigan Journal of International Law, Leiden Journal of International Law, Chicago Journal of International Law, American Journal of International Law, Journal of Criminal Law Criminology, Journal of International Criminal Justice, New Criminal Law Review, as well as many peer-reviewed edited volumes published by university presses. Prof. Ohlin received his J.D. and Ph.D. from Columbia University.

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Second Edition
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Criminal Procedure
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