Criminal Procedure (Justice Series) – 3rd
ST
Edition
UV
MANUAL & TEST
IA
BANK
_A
PP
John Worrall
RO
VE
Comprehensive Manual and Test Bank for
Instructors and Students
D?
© John Worrall
??
All rights reserved. Reproduction or distribution without permission is prohibited.
©STUDYSTREAM
, Contents
To the Instructor iv
ST
Syllabus (10 weeks) v
Syllabus (16 weeks) xiii
Chapter 1: Introduction to Criminal Procedure 1
UV
Chapter 2: The Exclusionary Rule and Other Remedies 17
Chapter 3: Introduction to the 4th Amendment 27
Chapter 4: Searches and Arrests with Warrants 39
Chapter 5: Searches and Arrests without Warrants 52
Chapter 6: Stop and Frisk 64
Chapter 7: Special Needs and Regulatory Searches 74
IA
Chapter 8: Interrogations and Confessions 86
Chapter 9: Identifications 96
Chapter 10: The Pretrial Process 106
Chapter 11: Prosecutors, Grand Juries, and Defense Attorneys 120
_A
Chapter 12: Plea Bargaining and Guilty Pleas 132
Chapter 13: Trial and Beyond 143
Test Bank 156
PP
RO
VE
D?
??
iii
, Chapter 1
Introduction to Criminal Procedure
ST
CHAPTER OVERVIEW
UV
This chapter identifies two key themes that run throughout criminal procedure. The first is the
concern with the constitutional rights of accused persons, as interpreted by the courts and the role
of precedents of past cases. Second is that criminal procedure contains an important historical
dimension, one that defers regularly to how sensitive legal issues have been approached in the
past.
IA
The first focus of the chapter summarizes the constitutional basis for criminal procedure.
Whenever the Supreme Court interprets the Constitution, it effectively makes an announcement
concerning people’s rights. Although the Constitution and the court decisions stemming from it
_A
reign supreme in criminal procedure, statutes also play an important role. The five most relevant
amendments to criminal procedure are 4th, 5th, 6th, 8th, and 14th.
The following section explains the importance of precedent. A precedent is a rule of case law
(that is, a decision by a court) that is binding on all lower courts and the court that issued it.
PP
Before making decisions, courts almost always look to the past for the purpose of determining
whether a case with similar facts has already been decided. If one has not, the Court will
distinguish the present case and hand down a decision that may be relied on by some other court,
at some later date.
RO
The following section focuses on the competing concerns of criminal procedure. In the real
world, the police and other criminal justice officials must act, and what they do does not always
agree with decisions handed down by the courts. That is, the theoretical world of the courts can
differ in important ways from the real world of law enforcement. Understanding that these two
different worlds exist and that they can be at odds with one another will allow us to look at court
decisions with a critical eye and a dose of reality. The balance between crime control and due
VE
process is also discussed in this section.
The next section of this chapter outlines the structure of the Court system. It also discusses the
responsibilities and jurisdictions of each level. The United States has a two-tiered court structure
consisting of federal and state courts at the federal level. Three types of courts are relevant:
D?
district courts, circuit courts of appeals, and the U.S. Supreme Court. The district courts try cases
involving violations of federal laws. The decisions of district courts are appealed to circuit courts
of appeals and then to the U.S. Supreme Court. State court structures vary from one state to the
next but generally consist of courts of limited jurisdiction, trial courts of general jurisdiction,
intermediate appellate courts, and supreme courts.
??
Understanding the parts of a court case is the next focus of the chapter. One of the more
frustrating aspects of criminal procedure, especially for those who have little familiarity with the
1
, law or legal jargon, is the laborious task of tracing the progress of a criminal case. There are
some essential steps to tracing the progress of a criminal case. First, it is necessary to have a
basic understanding of the nation’s court structure. Second, to adequately follow the progress of
ST
a criminal case, it is also necessary to understand the legal jargon. Third, it is essential to have an
understanding of how cases are decided and what possible decisions can be reached. Multiple
appellate courts exist, which means the decisions from court to court can change.
The last section of chapter one focuses on the criminal process. It begins with a police/citizen
UV
encounter and then moves into arrest, booking, pretrial hearings, trial, and appeals. Once the
pretrial process has concluded and the charges have stood, adjudication occurs. This takes place
following either a guilty plea or a trial. Sentencing usually takes place at a separate hearing. The
guilty party may be sentenced to death (for a capital crime), committed to prison, fined, placed
on probation, or subjected to a host of other possible sanctions. Probation is the most common.
IA
CHAPTER OBJECTIVES
Summarize the constitutional basis for criminal procedure.
_A
Explain the importance of precedent.
Distinguish between the public order (crime-control) and individual rights (due
process) perspectives of criminal justice.
Outline the structure of the court system, including the responsibilities and
jurisdictions of each level.
PP
Discuss the steps to trace and understand court cases.
Summarize the criminal process.
LECTURE OUTLINE
RO
The Constitutional Basis for Criminal Procedure
The Preamble to the U.S. Constitution states:
We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
VE
common defense, promote the general Welfare, and secure the Blessings
of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
Of particular relevance to criminal procedure are the terms justice and liberty. The Constitution
D?
helps ensure justice and liberty by defining the various roles of government and protecting the
rights of people within the nation’s borders. Throughout the nation’s history, the courts have
devoted a great amount of energy to interpreting the Constitution and specifying what rights are
important and when they apply.
??
Sources of rights. In addition to the Constitution, important sources of rights include court
decisions, statutes, and state constitutions. Most of the cases discussed throughout the book are
U.S. Supreme Court decisions. Each state also has its own constitution, which can be considered
2
ST
Edition
UV
MANUAL & TEST
IA
BANK
_A
PP
John Worrall
RO
VE
Comprehensive Manual and Test Bank for
Instructors and Students
D?
© John Worrall
??
All rights reserved. Reproduction or distribution without permission is prohibited.
©STUDYSTREAM
, Contents
To the Instructor iv
ST
Syllabus (10 weeks) v
Syllabus (16 weeks) xiii
Chapter 1: Introduction to Criminal Procedure 1
UV
Chapter 2: The Exclusionary Rule and Other Remedies 17
Chapter 3: Introduction to the 4th Amendment 27
Chapter 4: Searches and Arrests with Warrants 39
Chapter 5: Searches and Arrests without Warrants 52
Chapter 6: Stop and Frisk 64
Chapter 7: Special Needs and Regulatory Searches 74
IA
Chapter 8: Interrogations and Confessions 86
Chapter 9: Identifications 96
Chapter 10: The Pretrial Process 106
Chapter 11: Prosecutors, Grand Juries, and Defense Attorneys 120
_A
Chapter 12: Plea Bargaining and Guilty Pleas 132
Chapter 13: Trial and Beyond 143
Test Bank 156
PP
RO
VE
D?
??
iii
, Chapter 1
Introduction to Criminal Procedure
ST
CHAPTER OVERVIEW
UV
This chapter identifies two key themes that run throughout criminal procedure. The first is the
concern with the constitutional rights of accused persons, as interpreted by the courts and the role
of precedents of past cases. Second is that criminal procedure contains an important historical
dimension, one that defers regularly to how sensitive legal issues have been approached in the
past.
IA
The first focus of the chapter summarizes the constitutional basis for criminal procedure.
Whenever the Supreme Court interprets the Constitution, it effectively makes an announcement
concerning people’s rights. Although the Constitution and the court decisions stemming from it
_A
reign supreme in criminal procedure, statutes also play an important role. The five most relevant
amendments to criminal procedure are 4th, 5th, 6th, 8th, and 14th.
The following section explains the importance of precedent. A precedent is a rule of case law
(that is, a decision by a court) that is binding on all lower courts and the court that issued it.
PP
Before making decisions, courts almost always look to the past for the purpose of determining
whether a case with similar facts has already been decided. If one has not, the Court will
distinguish the present case and hand down a decision that may be relied on by some other court,
at some later date.
RO
The following section focuses on the competing concerns of criminal procedure. In the real
world, the police and other criminal justice officials must act, and what they do does not always
agree with decisions handed down by the courts. That is, the theoretical world of the courts can
differ in important ways from the real world of law enforcement. Understanding that these two
different worlds exist and that they can be at odds with one another will allow us to look at court
decisions with a critical eye and a dose of reality. The balance between crime control and due
VE
process is also discussed in this section.
The next section of this chapter outlines the structure of the Court system. It also discusses the
responsibilities and jurisdictions of each level. The United States has a two-tiered court structure
consisting of federal and state courts at the federal level. Three types of courts are relevant:
D?
district courts, circuit courts of appeals, and the U.S. Supreme Court. The district courts try cases
involving violations of federal laws. The decisions of district courts are appealed to circuit courts
of appeals and then to the U.S. Supreme Court. State court structures vary from one state to the
next but generally consist of courts of limited jurisdiction, trial courts of general jurisdiction,
intermediate appellate courts, and supreme courts.
??
Understanding the parts of a court case is the next focus of the chapter. One of the more
frustrating aspects of criminal procedure, especially for those who have little familiarity with the
1
, law or legal jargon, is the laborious task of tracing the progress of a criminal case. There are
some essential steps to tracing the progress of a criminal case. First, it is necessary to have a
basic understanding of the nation’s court structure. Second, to adequately follow the progress of
ST
a criminal case, it is also necessary to understand the legal jargon. Third, it is essential to have an
understanding of how cases are decided and what possible decisions can be reached. Multiple
appellate courts exist, which means the decisions from court to court can change.
The last section of chapter one focuses on the criminal process. It begins with a police/citizen
UV
encounter and then moves into arrest, booking, pretrial hearings, trial, and appeals. Once the
pretrial process has concluded and the charges have stood, adjudication occurs. This takes place
following either a guilty plea or a trial. Sentencing usually takes place at a separate hearing. The
guilty party may be sentenced to death (for a capital crime), committed to prison, fined, placed
on probation, or subjected to a host of other possible sanctions. Probation is the most common.
IA
CHAPTER OBJECTIVES
Summarize the constitutional basis for criminal procedure.
_A
Explain the importance of precedent.
Distinguish between the public order (crime-control) and individual rights (due
process) perspectives of criminal justice.
Outline the structure of the court system, including the responsibilities and
jurisdictions of each level.
PP
Discuss the steps to trace and understand court cases.
Summarize the criminal process.
LECTURE OUTLINE
RO
The Constitutional Basis for Criminal Procedure
The Preamble to the U.S. Constitution states:
We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
VE
common defense, promote the general Welfare, and secure the Blessings
of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America.
Of particular relevance to criminal procedure are the terms justice and liberty. The Constitution
D?
helps ensure justice and liberty by defining the various roles of government and protecting the
rights of people within the nation’s borders. Throughout the nation’s history, the courts have
devoted a great amount of energy to interpreting the Constitution and specifying what rights are
important and when they apply.
??
Sources of rights. In addition to the Constitution, important sources of rights include court
decisions, statutes, and state constitutions. Most of the cases discussed throughout the book are
U.S. Supreme Court decisions. Each state also has its own constitution, which can be considered
2
