Instructors Manual - for Criminal Procedure From First Contact to Ap...

Instructor’s Manual for Criminal Procedure From First Contact to Appeal 7 th Edition Jo hn L. Worrall 1 / 4

1 1 19 19 31 31 45 45 59 59 74 74 87 87 101 101 114 114 126 126 140 140 156 156 170 170 184 184 199 199 Contents Chapter 1 Introduction to Criminal Procedure Chapter 2 Remed ies Chapter 3 Introduction to Search and Seizure Chapter 4 Search es and Arrests with Warran ts Chapter 5 Searches and Arrests without Warrants Chapter 6 Actions Based on Reasonable Suspicion Chapter 7 Actions Based on Administrative Justification and Consent Chapter 8 Interrogations and Confession s Chapter 9 Identification Procedures and the Role of Witnesses Chapter 10 The Pretrial Process Chapter 11 Prosecu tors, Grand Juries, and Defense Attorneys Chapter 1 2 Plea Bargaining and Guilty Pleas Chapter 13 Rights at Trial Chapter 14 More Rights at Trial Chapter 15 Sen tencing, Appeals, and Habeas Corpus Test Bank 215 iii Copyright © 2024 Pearson Education, Inc. 2 / 4

Chapter 1 Introduction to Criminal Procedure

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 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.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.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 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.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 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.• Describe the interests of public order (crime control) and individual rights (due process) perspectives of criminal justice and how criminal procedure balances the two.• Outline the structure of the court system, including the responsibilities and jurisdictions of each level.1 Copyright © 2024 Pearson Education, Inc. 3 / 4

• Summarize important issues and trends in criminal procedure.• Provide an overview of the criminal justice process.

LECTURE OUTLINE

INTRODUCTION: WHAT IS CRIMINAL PROCEDURE?

American criminal procedure consists of a vast set of rules and guidelines that describe how 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 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:

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 worlds: the world of the courts versus that of law enforcement.

EMPHASIS ON CONSTITUTIONAL RIGHTS

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 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 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 Court Decisions: Whenever a court makes a decision interpreting the Constitution, it effectively makes an announcement concerning people’s rights.Statutes: The Constitution and the courts cannot be expected to protect all the interests and concerns that people may have. Statutes attempt to fill the gaps by establishing that certain rights exist in areas not specifically covered by the Constitution.State Constitutions: States have their own constitutions, which are another important source of rights.Although the U.S. Constitution is the supreme law of the land that all states as well as the federal government must follow, nothing in the U.S. Constitution precludes individual states from adopting greater protections than federal law. The Federal Rules of Criminal Procedure are related to protecting the rights of the accused.2 Copyright © 2024 Pearson Education, Inc.

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