Criminal Procedure From First Contact
to Appeal – 6th Edition
UV
MANUAL & TEST
IA
BANK
_A
PP
John Worrall
RO
Comprehensive Manual & Test Bank for
VE
Instructors and Students
D?
© John Worrall
??
All rights reserved. Reproduction or distribution without permission is prohibited.
??
©Medexcellence ✅��
, Contents
To the Instructor iv
Syllabi vi
UV
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
Chapter 5: Searches and Arrests without Warrants 74
IA
Chapter 6: Actions Based on Reasonable Suspicion 93
Chapter 7: Actions Based on Administrative Justification and Consent 109
Chapter 8: Interrogations and Confessions 127
Chapter 9: Identification Procedures and the Role of Witnesses 145
_A
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
PP
Chapter 15: Sentencing, Appeals, and Habeas corpus 260
Test Bank 281
RO
VE
D?
??
??
iii
, Chapter 1
Introduction to Criminal Procedure
UV
CHAPTER OVERVIEW
Chapter 1 begins with a summary of the sources of rights in criminal procedure. Criminal
procedure is mostly about constitutional rights. What’s more, it is about constitutional rights as
IA
primarily interpreted by the U.S. Supreme Court. State laws, agency policies, time-honored
practices, and the like also set forth rules and guidelines, but the focus here is almost exclusively
on rights spelled out in the U.S. Constitution—notably, those found in the Fourth, Fifth, Sixth,
Eighth, and Fourteenth Amendments.
_A
The second focus of this chapter is precedent. Criminal procedure is closely linked to
history because of the importance of precedent. 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.
PP
The following section focuses on the difference between theory and reality 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
RO
will allow us to look at court decisions with a critical eye and a dose of reality.
The balance between crime control and due process is discussed next. The crime control
perspective emphasizes controlling crime, often at the expense of people’s rights. The due
process perspective is concerned primarily with protecting people’s rights. Every court decision,
policy, and action of the criminal justice system in response to the threat of crime must balance
both of these concerns.
VE
The final 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: 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
D?
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.
??
CHAPTER OBJECTIVES
Summarize the constitutional basis for criminal procedure.
Explain the importance of precedent.
??
Compare the theory of criminal procedure to the reality.
x
, Describe how the interests of public order (crime control) and individual rights (due
process) influence criminal justice and how criminal procedure balances these two
interests.
Outline the structure of the Court system, and describe the responsibilities and
UV
jurisdictions of each level.
Summarize important issues and trends in criminal procedure.
Provide an overview of the process of criminal justice.
LECTURE OUTLINE
IA
INTRODUCITON: WHAT IS CRIMINAL PROCEDURE?
American criminal procedure consists of a vast set of rules and guidelines that describe how
_A
suspected and accused criminal are to be handled and processed by the justice system.
The U.S. Constitution is the most important source of rights applying to criminal procedure.
In addition to the Constitution, important sources of rights include court decisions, statutes, and
state constitutions. In addition, criminal procedure cannot be understood without attention to the
PP
interplay between federal and states’ rights. The two-tiered system of government in the United
States creates a unique relationship between the federal and state levels.
Three important themes run throughout criminal procedures:
RO
First, there is a concern with the constitutional rights of the accused persons, as
interpreted by the courts.
Second, criminal procedure contains an important historical dimension, one that defers
regularly to how sensitive legal issues have been approached in the past.
Third, criminal procedure creates something of a collision between the two different
world: the world of the courts versus that of law enforcement.
VE
The U.S. Constitution
The Preamble to the U.S. Constitution states:
D?
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the 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 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
xi
to Appeal – 6th Edition
UV
MANUAL & TEST
IA
BANK
_A
PP
John Worrall
RO
Comprehensive Manual & Test Bank for
VE
Instructors and Students
D?
© John Worrall
??
All rights reserved. Reproduction or distribution without permission is prohibited.
??
©Medexcellence ✅��
, Contents
To the Instructor iv
Syllabi vi
UV
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
Chapter 5: Searches and Arrests without Warrants 74
IA
Chapter 6: Actions Based on Reasonable Suspicion 93
Chapter 7: Actions Based on Administrative Justification and Consent 109
Chapter 8: Interrogations and Confessions 127
Chapter 9: Identification Procedures and the Role of Witnesses 145
_A
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
PP
Chapter 15: Sentencing, Appeals, and Habeas corpus 260
Test Bank 281
RO
VE
D?
??
??
iii
, Chapter 1
Introduction to Criminal Procedure
UV
CHAPTER OVERVIEW
Chapter 1 begins with a summary of the sources of rights in criminal procedure. Criminal
procedure is mostly about constitutional rights. What’s more, it is about constitutional rights as
IA
primarily interpreted by the U.S. Supreme Court. State laws, agency policies, time-honored
practices, and the like also set forth rules and guidelines, but the focus here is almost exclusively
on rights spelled out in the U.S. Constitution—notably, those found in the Fourth, Fifth, Sixth,
Eighth, and Fourteenth Amendments.
_A
The second focus of this chapter is precedent. Criminal procedure is closely linked to
history because of the importance of precedent. 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.
PP
The following section focuses on the difference between theory and reality 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
RO
will allow us to look at court decisions with a critical eye and a dose of reality.
The balance between crime control and due process is discussed next. The crime control
perspective emphasizes controlling crime, often at the expense of people’s rights. The due
process perspective is concerned primarily with protecting people’s rights. Every court decision,
policy, and action of the criminal justice system in response to the threat of crime must balance
both of these concerns.
VE
The final 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: 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
D?
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.
??
CHAPTER OBJECTIVES
Summarize the constitutional basis for criminal procedure.
Explain the importance of precedent.
??
Compare the theory of criminal procedure to the reality.
x
, Describe how the interests of public order (crime control) and individual rights (due
process) influence criminal justice and how criminal procedure balances these two
interests.
Outline the structure of the Court system, and describe the responsibilities and
UV
jurisdictions of each level.
Summarize important issues and trends in criminal procedure.
Provide an overview of the process of criminal justice.
LECTURE OUTLINE
IA
INTRODUCITON: WHAT IS CRIMINAL PROCEDURE?
American criminal procedure consists of a vast set of rules and guidelines that describe how
_A
suspected and accused criminal are to be handled and processed by the justice system.
The U.S. Constitution is the most important source of rights applying to criminal procedure.
In addition to the Constitution, important sources of rights include court decisions, statutes, and
state constitutions. In addition, criminal procedure cannot be understood without attention to the
PP
interplay between federal and states’ rights. The two-tiered system of government in the United
States creates a unique relationship between the federal and state levels.
Three important themes run throughout criminal procedures:
RO
First, there is a concern with the constitutional rights of the accused persons, as
interpreted by the courts.
Second, criminal procedure contains an important historical dimension, one that defers
regularly to how sensitive legal issues have been approached in the past.
Third, criminal procedure creates something of a collision between the two different
world: the world of the courts versus that of law enforcement.
VE
The U.S. Constitution
The Preamble to the U.S. Constitution states:
D?
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility,
provide for the 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 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
xi
