Media and Literacy: Learning in an Electronic Age - Issues, Ideas and Teaching Strategies

Format:

Book

Author/Creator:

Adams, Dennis, Author.

Contributor:

Hamm, Mary, Contributor.

Language:

English

Subjects (All):

Audio-visual education--United States.

Audio-visual education.

Television in education--United States.

Television in education.

Visual learning--United States.

Visual learning.

Computer-assisted instruction--United States.

Computer-assisted instruction.

Physical Description:

1 online resource (521 pages)

Edition:

1st ed.

Other Title:

Constitutional Law For Criminal Justice Professionals And Students

Place of Publication:

[Place of publication not identified] Charles C Thomas Publisher Limited 1989

Language Note:

English

Summary:

This textbook does not take the traditional approach to teaching law, even in a criminal justice program. Rather, the text takes a conversational approach and helps the reader engage in conversation about the junction of the U.S. Constitution and the criminal justice system. The book is presented in readable style, gets to the point, and covers significant material. The author explains what many constitutional provisions mean and provides examples, some actual and some hypothetical to illustrate principles, make the principles stick in the reader’s memory, and make constitutional law more interesting. Many examples are presented as stories. The procession of chapters begins with an overview of the entire U.S. Constitution and also examines in-depth, provisions such as the Habeas Corpus Suspension Clause, the Ex Post Facto Clause, and the Second Amendment. Two chapters examine three provisions of the Fifth Amendment, while two subsequent chapters thoroughly review the Due Process Clause of the Fifth and Fourteenth Amendments, along with the Equal Protection Clause. Three chapters are devoted to examination of the Sixth Amendment, while four chapters tackle the Fourth Amendment. Chapter 13 examines the Exclusionary Rule, while several final chapters review the First and Eighth Amendments. The book’s Appendix provides the complete U.S. Constitution for full reference. Non-law students do not need to master legal reasoning - the ability to analogize and extrapolate from precedents - to learn the law itself. And the time that criminal justice students often spend briefing cases - tediously extracting facts and principles - would be better spent learning the law itself, indeed the intent and design of this textbook. The author presents this exceptional book with a passion for helping the reader understand and embrace the intersection of the U.S.

Constitution and the criminal justice system.

Contents:

Intro

PREFACE

CONTENTS

Chapter 1 OVERVIEW OF THE U.S. CONSTITUTION

HABEAS CORPUS

EXPOST FACTO

AND THE SECOND AMENDMENT

The Basics

The Pramble

Article I - Congress

Article I-Habeas Corpus

Article I-Ex Post Facto

Article III - Courts

Article III-Jury Trials

Article III-Treason

Article IV - Extradition

Article VI - Supremacy Clause

Bill of Rights

Civil War Amendments

Second Amendment

Chapter Summary

Review Questions

Chapter 2 FIFTH AMENDMENT: GRANDY JURYINDICTMENT

AND DOUBLE JEOPARDY

Grand Jury Clause

Grand Jury Sessions

Grand Jury Sessions: Who's There, Who's Not

Grand Jury Secrecy

Grand Jury's Broad Powers

Grand Jury's Right to Everyone's Evidence

Hearsay Rule in the Grand Jury

Grand Jury Needs Probable Cause to Indict

Reason for the Right to Be Indicted by a Grand Jury

Other Reasons for the Right to Be Indicted by a Grand Jury

Double Jeopardy Clause

Reasons for the Right Against Double Jeopardy

What Is the Same Crime Under Double Jeopardy?

Double Jeopardy and Lesser Included Offenses

Double Jeopardy and Greater Included Offenses

Double Jeopardy and Multiplicity

Double Jeopardy and Collateral Estoppel

When Double Jeopardy "Attaches"

Double Jeopardy and Conspiracy

More Double Jeopardy Scenarios

Double Jeopardy and Dual Sovereignty

Double Jeopardy, Dual Sovereignty, and Civil Rights Cases

Double Jeopardy and Probation Revocation

The Interplay Between the Right Against Double Jeopardy and the Right to be Indicted by a Grand Jury

Chapter 3 FIFTH AMENDMENT: SELF-INCRIMINATION

What is Self-Incrimination?

What Does It Mean That a Statement is Compelled?

What Are Examples of Non-Compelled Statements?.

What Does It Mean That a Statement Is Testimonial or Not Testimonial?

What Does It Mean That Statements Must Be Capable of Incriminating the Person in a Criminal Proceeding?

What is the Purpose of the Self-Incrimination Clause?

Don't Criminals Hide Behind the Self-Incrimination Clause?

Preventing Abuse of the Right Against Self-Incrimination

The Right Against Self-Incrimination and Miranda Rights

Does the Self-Incrimination Clause Require Miranda Rights?

When Must Police Give Miranda Warnings?

Miranda Rights: What Is Custody?

Miranda Rights: What Is Interrogation?

Court-Ordered Psychiatric Examinations

When Miranda Does Not Apply

Waiving Miranda Rights

Ending an End-Run Around Miranda

A Defendant's Right Against Self-Incrimination at his Trial

Non-Defendant Witnesses' Right Against Self-Incrimination at a Trial

Immunity

Informal Agreements as Contracts

Informal Immunity

Congressional Immunity

When Immunized Witnesses Refuse to Testify

The Interplay Between the Fifth and Sixth Amendments

The Interplay Between the Rights Against Self-Incrimination and Double Jeopardy

Physically Coerced Confessions, the Right Against Self-Incrimination, and the Right to Due Process

Chapter 4 FIFTH AMENDMENT: PROCEDURAL DUEPROCESS/FOURTEENTH AMENDMENT: PROCEDURAL DUE PROCESS

Procedural Due Process

Procedural Due Process: Void for Vagueness

Procedural Due Process: "Essential Requirements"

Procedural Due Process: More on the Opportunity to Be Heard

Procedural Due Process: More on a Neutral Decision-Maker

Procedural Due Process: Other Significant Applications at Trial

Procedural Due Process: Identifications

Due Process and Lineups

Due Process and Photo Arrays

Due Process and Showups.

Due Process, Identifications, and the Totality of Circumstances

Procedural Due Process: Brady Material

Procedural Due Process: Prosecutorial Misconduct

Procedural Due Process: Revoking Probation and Parole

Procedural Due Process: Prisoners

Chapter 5 FIFTH AMENDMENT: SUBSTANTIVE DUE PROCESS/FOURTEENTH AMENDMENT: SUBSTANTIVE DUE PROCESS AND EQUAL PROTECTION

Substantive Due Process

Substantive Due Process: Examples of Conduct That Shocks the Conscience

Substantive Due Process: Involuntary Confessions and Physical Coercion

Substantive Due Process: Involuntary Confessions and Mental Coercion

Substantive Due Process: Coerced Confessions and Totality of the Circumstances

Substantive Due Process: Medical Care for Pretrial Detainees

Substantive Due Process: Sexual Freedom

Substantive Due Process: The Right to Marry

Relationship Between Substantive Due Process and Procedural Due Process

Due Process and the Bill of Rights

Discussion Questions

Equal Protection Clause

Equal Protection: Racial Discrimination and Criminal Enforcement

Equal Protection: Sex Discrimination and Criminal Statutes

Equal Protection: Racial Discrimination and Jury Selection

Equal Protection: Sex Discrimination and Jury Selection

Equal Protection: Indigent Defendants and Paying Fines

Equal Protection: Indigent Defendants and Appeals

Equal Protection: Prisoners

Interrelationship Between the Equal Protection Clause and Due Process Clause

Equal Protection and the Federal Government

Due Process Summary

Chapter 6 SIXTH AMENDMENT: SPEEDY TRIAL

PUBLIC TRIAL

JURY TRIAL

IMPARTIAL JURY

Right to a Speedy Trial

Speedy Trial Act

Deadlines Under the Speedy Trial Act

Acceptable Delays Under the Speedy Trial Act.

Examples of Acceptable Delays Under the Speedy Trial Act

When the Defendant Is in Prison Elsewhere

Dismissing Charges Under the Speedy Trial Act

Right to a Public Trial

Does a Defendant Have a Right to a Private Trial?

Right to a Public Trial: Parts of a Trial Covered

Right to a Public Trial: Exceptions

Classified Information in a Trial and Graymail

Terrorism Defendants on (Public) Trial

A Judge's Obligation to Ensure a Public Trial

Right to a Jury Trial

The Right to a Jury Trial as Part of Checks and Balances

The Supreme Court's Realism About Jury Trials

Right to a Jury Trial: Exceptions

Right to a Jury Trial, But No Right to a Bench Trial

Right to a Jury Trial: Number of Jurors

Right to a Jury Trial: Unanimity of Jury Verdicts

Right to a Jury Trial: Complexity and Abstraction

How the Right to a Jury Trial Brought the Sentencing Guidelines' Near Demise

Examples of Facts That Can Increase a Sentence

Right to an Impartial Jury

Right to an Impartial Jury: A Fair Cross-Section of the Community

Right to an Impartial Jury: Jury Selection

Right to an Impartial Jury: Publicity Before and During a Trial

Right to an Impartial Jury: Outside Influences on Jurors

Right to an Impartial Jury: When the Jury Is Anonymous

Right to an Impartial Jury Under Due Process

Right to an Impartial Jury Under the Equal Protection Clause

Chapter 7 SIXTH AMENDMENT: LOCAL TRIAL

NOTICE OF THE CHARGES

CONFRONTATION

Right to a Trial in the District Where the Crime was Allegedly Committed

Right to be Informed of the Accusation

Right of Confrontation

Right of Confrontation: Relevant History

Reasons for the Right of Confrontation

How Confrontation Increases Reliability of Trials

How Cross-Examination Increases Truth-Finding.

How Confrontation Increases Human Dignity

Right of Confrontation: The Defendant's Right to Attend His Trial

Right to Confront Child Abuse Victims

Violations of the Right to Cross-Examine: Examples

Right of Confrontation: Confidential Informants

Right of Confrontation: Rape Shield Laws

When the Right to Confrontation Conflicts with the Right Against Self-Incrimination

Right to Cross-Examine and the Hearsay Rule

Right of Confrontation: The Bruton Problem

Right of Confrontation: The Crawford Case

Confrontation, a Hearsay Exception, and Domestic Violence

Right of Confrontation: Drug Certificates and Gun Certificates (Melendez-Diaz)

Chapter 8 SIXTH AMENDMENT: COMPULSORY PROCESS

RIGHT TO A LAWYER

Right to Compulsory Process (Right to Subpoena Defense Witnesses)

Right to a Lawyer

Right to a Lawyer: When It Begins for a Defendant

Fifth Amendment Right to a Lawyer vs. Sixth Amendment Right to a Lawyer

Right to a Lawyer: When the Lawyer Must Be Present

Right to a Lawyer: Post-Interrogation and the "Christian Burial Speech"

Right to a Lawyer: Post-Charge Interrogation by Non-Law Enforcement Officials

Right to a Lawyer: Post-Charge Lineups

Defendant's Right to a Lawyer at Trial

More on a Defendant's Right to a Lawyer at Trial

Right to a Lawyer on Appeal

Right to a Lawyer During Probation Revocation, Parole Revocation, Juvenile Proceedings, and Prison Disciplinary Hearings

Right to a Lawyer: Non-Critical Stages

Right to a Lawyer for Indigent Defendants

Right to a Lawyer of One's Choice

When a Defendant's Money Is Frozen or Seized

Right to Represent Oneself

Right to an Effective Lawyer

Chapter 9 FOURTH AMENDMENT: OVERVIEW

AND SEARCHES AND SEIZURES WITH WARRANTS

Fourth Amendment Overview.

"The right of the people. . . .".

Notes:

Bibliographic Level Mode of Issuance: Monograph

Description based on publisher supplied metadata and other sources.

ISBN:

0-398-08085-2

OCLC:

869920918