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Contents
To the Instructor iv
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Syllabi vi
Chapter 1: Introduction to Criminal Procedure 1
Chapter 2: Remedies 26
Chapter 3: Introduction to Search and Seizure 41
Chapter 4: Searches and Arrests with Warrants 57
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Chapter 5: Searches and Arrests without Warrants 74
Chapter 6: Actions Based on Reasonable Suspicion 93
Chapter 7: Actions Based on Administrative Justification and Consent 109
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Chapter 8: Interrogations and Confessions 127
Chapter 9: Identification Procedures and the Role of Witnesses 145
Chapter 10: The Pretrial Process 160
Chapter 11: Prosecutors, Grand Juries, and Defense Attorneys 179
Chapter 12: Plea Bargaining and Guilty Pleas 201
Chapter 13: Rights at Trial 220
Chapter 14: More Rights at Trial 239
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Chapter 15: Sentencing, Appeals, and Habeas corpus 260
Test Bank 281
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To the Instructor
The instructor’s manual is a comprehensive document that includes a chapter overview, chapter
objectives, a lecture outline with teaching tips, answers to the decision-making exercises in the
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main text, additional assignments, suggested answers to the end-of-chapter assignments (Review
Questions).
Criminal Procedure continues to be divided into five parts: (1) Introduction; (2) Search
and Seizure; (3) Interrogations, Confessions, and Identification Procedures; (4) The Beginnings
S
of Formal Proceedings; and (5) Trial, Conviction, and Beyond. Chapter 1 is introductory and
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provides readers with the information necessary to begin studying criminal procedure. In
particular, it defines criminal procedure; highlights the due process/crime control dilemma,
which is at the heart of all controversies in criminal procedure; discusses the relationship among
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the courts, including a brief section on how to do legal research; and introduces several issues
and trends in criminal procedure. Chapter 1 ends with a detailed overview of the text. Chapter 2
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begins by discussing the exclusionary rule, and then considers criminal, civil, and nonjudicial
remedies. Remedies are presented early in the text so readers will become aware of how people’s
rights can be enforced in the U.S. courts.
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Chapter 3 provides a framework for studying the Fourth Amendment; specifically, it
defines Fourth Amendment terminology and specifies when searches and seizures occur. This
chapter also covers the doctrine of justification, focusing on the definitions of probable cause,
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reasonable suspicion, and administrative justification. Chapters 4 and 5 go on to cover searches
and seizures with warrants and without warrants, respectively. Chapter 6 covers actions based on
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reasonable suspicion, including stops and frisks and investigative detentions, and Chapter 7
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, LKJHGFDSA
covers actions based on administrative justification and consent, including inventories,
inspections, checkpoints, school and office searches, drug and alcohol testing, and the like.
Chapter 8 focuses heavily on the Fifth Amendment’s self-incrimination clause and then
summarizes the proper procedures for conducting interrogations and obtaining valid confessions.
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Further, it also examines how the Sixth and Fourteenth Amendments govern interrogations and
confessions. Chapter 9 discusses identification procedures, including the guidelines for proper
pretrial identifications, and also introduces identification procedures used during trial, including
S
the proper questioning of witnesses to assist in valid in-court identifications.
TS
Chapter 10 begins by discussing booking, the initial appearance, the probable cause
hearing, pretrial release, the preliminary hearing, and the arraignment. This chapter also
introduces the rules surrounding discovery. While discovery can occur well into a trial, most
often discovery is pretrial in nature; thus, it is appropriate to discuss discovery in this context.
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Chapter 11 covers prosecutors, grand juries, and defense attorneys, including the constitutional
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guidelines by which each must abide. Of course, the actions of prosecutors, defense attorneys,
and even grand juries matter outside the pretrial context, but readers should be familiar with
these important actors before moving into the adjudication section. Finally, Chapter 12 covers
plea bargaining and guilty pleas. Again, both can occur well into a trial, but most plea bargains
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and guilty pleas are undertaken in an effort to avoid trial.
Chapter 13, the first of two chapters about the defendant’s rights at trial, examines the
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right to a speedy trial and the right to an impartial judge and jury. Chapter 14 continues the focus
on rights at trial, discussing openness, confrontation, compulsory process, double jeopardy, and
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entrapment. Lastly, Chapter 15 covers important topics in sentencing as well as appeals and
habeas corpus.
;LKJHGFDSA
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TI
LU
O
STS
TE
, LKJHGFDSA
Contents
To the Instructor iv
TE
Syllabi vi
Chapter 1: Introduction to Criminal Procedure 1
Chapter 2: Remedies 26
Chapter 3: Introduction to Search and Seizure 41
Chapter 4: Searches and Arrests with Warrants 57
S
Chapter 5: Searches and Arrests without Warrants 74
Chapter 6: Actions Based on Reasonable Suspicion 93
Chapter 7: Actions Based on Administrative Justification and Consent 109
TS
Chapter 8: Interrogations and Confessions 127
Chapter 9: Identification Procedures and the Role of Witnesses 145
Chapter 10: The Pretrial Process 160
Chapter 11: Prosecutors, Grand Juries, and Defense Attorneys 179
Chapter 12: Plea Bargaining and Guilty Pleas 201
Chapter 13: Rights at Trial 220
Chapter 14: More Rights at Trial 239
O
Chapter 15: Sentencing, Appeals, and Habeas corpus 260
Test Bank 281
LU
TI
O
N
;LKJHGFDSA
, LKJHGFDSA
To the Instructor
The instructor’s manual is a comprehensive document that includes a chapter overview, chapter
objectives, a lecture outline with teaching tips, answers to the decision-making exercises in the
TE
main text, additional assignments, suggested answers to the end-of-chapter assignments (Review
Questions).
Criminal Procedure continues to be divided into five parts: (1) Introduction; (2) Search
and Seizure; (3) Interrogations, Confessions, and Identification Procedures; (4) The Beginnings
S
of Formal Proceedings; and (5) Trial, Conviction, and Beyond. Chapter 1 is introductory and
TS
provides readers with the information necessary to begin studying criminal procedure. In
particular, it defines criminal procedure; highlights the due process/crime control dilemma,
which is at the heart of all controversies in criminal procedure; discusses the relationship among
O
the courts, including a brief section on how to do legal research; and introduces several issues
and trends in criminal procedure. Chapter 1 ends with a detailed overview of the text. Chapter 2
LU
begins by discussing the exclusionary rule, and then considers criminal, civil, and nonjudicial
remedies. Remedies are presented early in the text so readers will become aware of how people’s
rights can be enforced in the U.S. courts.
TI
Chapter 3 provides a framework for studying the Fourth Amendment; specifically, it
defines Fourth Amendment terminology and specifies when searches and seizures occur. This
chapter also covers the doctrine of justification, focusing on the definitions of probable cause,
O
reasonable suspicion, and administrative justification. Chapters 4 and 5 go on to cover searches
and seizures with warrants and without warrants, respectively. Chapter 6 covers actions based on
N
reasonable suspicion, including stops and frisks and investigative detentions, and Chapter 7
;LKJHGFDSA
, LKJHGFDSA
covers actions based on administrative justification and consent, including inventories,
inspections, checkpoints, school and office searches, drug and alcohol testing, and the like.
Chapter 8 focuses heavily on the Fifth Amendment’s self-incrimination clause and then
summarizes the proper procedures for conducting interrogations and obtaining valid confessions.
TE
Further, it also examines how the Sixth and Fourteenth Amendments govern interrogations and
confessions. Chapter 9 discusses identification procedures, including the guidelines for proper
pretrial identifications, and also introduces identification procedures used during trial, including
S
the proper questioning of witnesses to assist in valid in-court identifications.
TS
Chapter 10 begins by discussing booking, the initial appearance, the probable cause
hearing, pretrial release, the preliminary hearing, and the arraignment. This chapter also
introduces the rules surrounding discovery. While discovery can occur well into a trial, most
often discovery is pretrial in nature; thus, it is appropriate to discuss discovery in this context.
O
Chapter 11 covers prosecutors, grand juries, and defense attorneys, including the constitutional
LU
guidelines by which each must abide. Of course, the actions of prosecutors, defense attorneys,
and even grand juries matter outside the pretrial context, but readers should be familiar with
these important actors before moving into the adjudication section. Finally, Chapter 12 covers
plea bargaining and guilty pleas. Again, both can occur well into a trial, but most plea bargains
TI
and guilty pleas are undertaken in an effort to avoid trial.
Chapter 13, the first of two chapters about the defendant’s rights at trial, examines the
O
right to a speedy trial and the right to an impartial judge and jury. Chapter 14 continues the focus
on rights at trial, discussing openness, confrontation, compulsory process, double jeopardy, and
N
entrapment. Lastly, Chapter 15 covers important topics in sentencing as well as appeals and
habeas corpus.
;LKJHGFDSA
