Comprehensive Criminal Procedure (Aspen Casebook)

The third edition has been updated throughout, and a number of chapters have been substantially revised to reflect recent developments. The authors have carefully edited all of the cases and notes to allow the addition of new material without significantly lengthening the book. In addition, Andrew Leipold, one of the nation's leading criminal procedure scholars, joins the author team, bringing a wealth of knowledge and teaching experience to the new edition.

Comprehensive Criminal Procedure, Third Edition, retains the key features that have made it a classroom success:

• Comprehensive coverage and well-written notes.
• Appropriate balance of explanatory text and secondary material.
• Thematic organization, structured around important main themes:
  • Real-world implications of alternative regulatory regimes
  • The power of legislatures to indirectly eliminate procedural rights through changes in substantive criminal law
  • Institutional relationships among courts, legislatures, prosecutors, and juries
  • Criminal procedure law as a direct consequence of the effort to end racial discrimination in the United States
  • Growing concern about the risk of erroneous convictions
  • The impact of limited resources

New to the Third Edition, which has been carefully edited with an eye to increased accessibility:

• Substantial revision of Chapter 3, Right to Counsel, fully incorporating recent and important developments in the areas of ineffective assistance and self-representation, and improving both content and organization of cases and notes throughout the chapter.
• Reworking of Chapter 6, the Fifth Amendment, taking into account the Supreme Court's recent line of Miranda decisions, as well as the recent dismantling of Michigan v. Jackson doctrine regarding the Sixth Amendment right to counsel.
• A more thematic approach to the adjudication half of the casebook(Chapters 8-17), highlighting
  • the key institutional relationships (and occasional conflicts) between courts, legislatures, prosecutors, and juries that affect the handling of cases within the criminal justice system, as seen most notably in such areas as charging decisions, plea bargaining, and sentencing law and policy; and
  • the latent (but perhaps inherent) tension between lay participation in criminal cases (i.e., the jury) and the core criminal justice values of accurate and unbiased adjudication.
• Addition of new Chapter 10, Pretrial Screening and the Grand Jury, focusing primarily on the grand jury and consolidating material that previously appeared in several different chapters.
• Significant expansion and reorganization of Chapter 11, Scope of the Prosecution, which now includes venue, as well as speedytrial, joinder, and severance.
• Up-to-the-minute treatment of Crawford doctrine in Chapter 14, The Jury and the Criminal Trial, covering the scope and meaning of the defendant's Sixth Amendment right to confront the witnesses against him.