You are here

Criminal Procedure
Share

Criminal Procedure

Fourth Edition
Additional resources:

Other Titles in:
Criminal Justice | Criminal Law

December 2018 | 704 pages | SAGE Publications, Inc

This contemporary, comprehensive, case-driven textbook from award-winning professor Matthew Lippman combines clear explanations of foundational concepts with thought-provoking examples to encourage students to think critically about legal principles and apply the rules of law to criminal procedure. Organized around the challenge of striking a balance between rights and liberties, Criminal Procedure, Fourth Edition emphasizes diversity and its impact on how laws are enforced. Built-in learning aids, including You Decide scenarios, Legal Equations, and Criminal Procedure in the News features, engage students and help them master key concepts.

 

New to This Edition

  • New U.S. Supreme Court cases help students understand the significant impact the recent decisions have on society, such as United States v. Carpenter, which raised important questions around police use of new technology. Other new cases address important issues including privacy, racial discrimination and effective assistance of counsel, search and seizure, juries, plea bargaining, the exclusionary rule, pretrial motions, and habeas corpus. 

  • Updated Criminal Procedure in the News and You Decide features keep students engaged in the content by connecting core concepts to contemporary developments in topics ranging from police use of deadly force, the Second Amendment and gun control, racial bias in jury deliberations, searches of electronic devices, and much more.  

  • New and expanded topics in criminal procedure encourage students to reflect on their growing impact. These topics include technology and the home, patterns and trends of Terry stops in major cities across the United States, racial bias in the judiciary, and the impact of the policies of the Trump administration on the use of drones, the detention of undocumented immigrants, and more.

  • Each chapter now opens with a new Test Your Knowledge feature that encourages active reading and prepares students for the material that follows.

 

Give your students the SAGE edge!
SAGE edge offers a robust online environment featuring an impressive array of free tools and resources for review, study, and further exploration, keeping both instructors and students on the cutting edge of teaching and learning. Learn more at edge.sagepub.com/lippmancp4e


 
Preface
 
1. An Introduction to Criminal Procedure
Introduction

 
Criminal Law and Criminal Procedure

 
Balancing Security and Rights

 
The Objectives of Criminal Procedure

 
The Criminal Justice Process

 
Sources of the Law of Criminal Procedure

 
The Structure of the Federal and State Court Systems

 
Precedent

 
Judicial Philosophy

 
Law in Action and Law on the Books

 
 
2. The Sources of Criminal Procedure
Introduction

 
The Sources of Criminal Procedure

 
The U.S. Constitution

 
The U.S. Supreme Court

 
State Constitutions and Court Decisions

 
Federal and State Statutes

 
Rules of Criminal Procedure

 
A Model Code of Pretrial Procedure

 
The Development of Due Process

 
The Fourteenth Amendment

 
Fundamental Fairness

 
Total Incorporation

 
Selective Incorporation

 
Equal Protection

 
The Impact of Supreme Court Decisions

 
Two Models of Criminal Procedure

 
Why Criminal Procedure Matters

 
 
3. Searches and Seizures
Introduction

 
The Historical Background of the Fourth Amendment

 
Searches

 
Informants and Electronic Eavesdropping

 
Plain View

 
Expectation of Privacy

 
Open Fields and Curtilage

 
Curtilage and Aerial Surveillance

 
Public Places and Private Businesses

 
Abandoned Property

 
Technology and the Home

 
Technology and Cell-Site Location Information

 
Seizures of Persons

 
 
4. Stop and Frisk
Introduction

 
Reasonable Suspicion

 
Informants and Hearsay

 
Drug Courier Profiles

 
Race and Reasonable Suspicion

 
The Scope and Duration of a Terry Stop

 
Frisks

 
 
5. Probable Cause and Arrests
Introduction

 
Arrests

 
Probable Cause

 
Reasonableness and Arrests

 
Probable Cause, Warrants, and the Courts

 
Arrests and Warrants

 
Arrests in the Home

 
Exigent Circumstances

 
Deadly Force and Arrests

 
Nondeadly Force

 
Misdemeanor Arrests and Citations

 
 
6. Searches and Seizures of Property
Introduction

 
Search Warrants

 
Knock and Announce

 
Warrantless Searches

 
Searches Incident to an Arrest

 
Searches Incident to an Arrest and the Contemporaneous Requirement

 
Searches of the Area of Immediate Control and Automobiles

 
Misdemeanors and Searches Incident to an Arrest

 
Pretext Arrests and Searches Incident to an Arrest

 
Consent Searches

 
The Scope of a Consent Search

 
Withdrawal of Consent

 
Third-Party Consent

 
Probable Cause Searches of Motor Vehicles

 
Probable Cause Searches of Containers in Automobiles

 
Other Warrantless Searches

 
Inventories

 
 
7. Inspections and Regulatory Searches
Introduction

 
Administrative Inspections

 
Special-Needs Searches

 
International Borders

 
Motor Vehicle Checkpoints

 
Airport Screening

 
Workplace Drug Testing

 
Searches in High Schools

 
Probation and Parole

 
Correctional Institutions

 
 
8. Interrogations and Confessions
Introduction

 
Due Process

 
The McNabb–Mallory Rule

 
Escobedo v. Illinois

 
The Right Against Self-Incrimination

 
Custodial Interrogation

 
The Public Safety Exception

 
The Miranda Warnings

 
Invoking the Miranda Rights

 
Waiver

 
Waiver: Question First and Warn Later

 
Waiver Following Invocation of the Miranda Rights

 
Interrogation

 
Sixth Amendment Right to Counsel: Police Interrogations

 
 
9. Eyewitness and Scientific Identifications
Introduction

 
Wrongful Convictions and Eyewitness Identification

 
The Sixth Amendment and Eyewitness Identifications

 
The Sixth Amendment and Prearraignment Identifications

 
The Sixth Amendment and Photographic Displays

 
The Due Process Test

 
Suggestiveness, Reliability, and the Totality of the Circumstances

 
The Requirement of Police Involvement

 
Scientific Identification

 
DNA Evidence

 
Polygraph Evidence

 
 
10. The Exclusionary Rule and Entrapment
Introduction

 
The Exclusionary Rule

 
Debating the Exclusionary Rule

 
Invoking the Exclusionary Rule

 
Exceptions to the Exclusionary Rule

 
Does the Exclusionary Rule Deter Unreasonable Searches and Seizures?

 
Entrapment

 
 
11. Civil and Criminal Remedies for Constitutional Violations
Introduction

 
Civil Remedies

 
Section 1983 Legal Actions Against Local and State Law Enforcement Officers

 
Violation of Federal Constitutional and Statutory Rights

 
Individual Liability Under Section 1983

 
Absolute and Qualified Immunity

 
The Affirmative Duty to Protect

 
The Liability of Local Government Entities Under Section 1983

 
Injunctions

 
Pattern or Practice of the Deprivation of Constitutional Rights

 
State Tort Remedies Against Law Enforcement Officers

 
Remedies for Constitutional Violations by Federal Law Enforcement Officers

 
Criminal Prosecutions

 
Administrative Remedies

 
Internal Affairs

 
External Review

 
 
12. The Initiation of the Legal Process, Bail, and the Right to Counsel
Introduction

 
The Prosecutorial Discretion to Charge

 
Pretrial Release

 
Pretrial Detention

 
Indigency and the Right to Counsel

 
Right to Counsel and Critical Stages of Prosecution

 
The Meaning of “All Criminal Prosecutions”

 
Determining Indigency

 
The Right to Select an Appointed Counsel

 
The Right to Effective Legal Representation

 
The Right to Self-Representation

 
 
13. The Courtroom: The Pretrial and Trial Process
Introduction

 
Preliminary Hearing

 
Grand Jury

 
Arraignment

 
Pretrial Motions

 
Constitutional Right to a Jury Trial

 
The Twelve-Member Jury Requirement

 
Jury Selection

 
Peremptory Challenges

 
Challenges to Judges

 
Public Trial

 
The Trial

 
Opening Statement

 
Presentation of Evidence

 
Confrontation

 
Cross-Examination

 
Hearsay

 
Compulsory Process

 
Burden of Proof

 
Reasonable Doubt

 
Closing Arguments

 
Jury Instructions

 
Jury Deliberations

 
Jury Unanimity

 
Jury Nullification

 
Guilty Pleas

 
 
14. Sentencing and Appeals
Introduction

 
A Brief History of Sentencing in the United States

 
Criminal Punishment

 
Purposes of Punishment

 
Types of Punishment

 
Approaches to Sentencing

 
The Judicial Sentencing Process

 
Sentencing Guidelines

 
Determinate Sentences

 
Cruel and Unusual Punishment

 
Methods of Punishment

 
Capital Punishment

 
The Eighth Amendment and Sentences for a Term of Years

 
The Eighth Amendment and Life Imprisonment for Juveniles

 
Equal Protection

 
Criminal Appeals

 
Habeas Corpus

 
 
15. Counterterrorism
Introduction

 
Electronic Surveillance

 
Sneak-and-Peek Searches

 
Information and Records

 
Detention of Noncitizens

 
Material Witness Warrants

 
Monitoring of Attorney–Client Communications

 
Watch List

 
State Secrets Doctrine

 
Drones

 
Interrogations

 
Military Commissions and Combat Status Review Tribunals

 
 
Glossary
 
Bibliography
 
Case Index
 
Subject Index
 
About the Author

Supplements

Instructor Resource Site

SAGE edge for instructors supports your teaching by making it easy to integrate quality content and create a rich learning environment for students with:

  • a password-protected site for complete and protected access to all text-specific instructor resources; 
  • test banks that provide a diverse range of ready-to-use options that save you time. You can also easily edit any question and/or insert your own personalized questions;
  • editable, chapter-specific PowerPoint® slides that offer complete flexibility for creating a multimedia presentation for your course;
  • lecture notes that summarize key concepts by chapter to help you prepare for lectures and class discussions;
  • sample course syllabi for semester and quarter courses that provide suggested models for structuring your courses;
  • exclusive access to full-text, influential SAGE journal articles that have been carefully selected to tie important research and scholarship to chapter concepts;
  • multimedia resources that meet the learning needs of today’s media-savvy students and bring concepts to life;
  • web resources that are included for further research and insights;
  • answers to “You Decide” boxes and cases within the text;
  • additional "You Decide" cases to assign or use in-class;
  • additional edited cases;
  • an appendix on reading and briefing cases; and
  • tables and figures from the printed book that are available in an easily downloadable format for use in papers, handouts, and presentations.
Student Study Site

SAGE edge for students enhances learning, is easy to use, and offers:

  • an open-access site that makes it easy for students to maximize their study time, anywhere, anytime;
  •  eFlashcards that strengthen understanding of key terms and concepts;
  • quizzes that allow students to practice and assess how much they’ve learned and where they need to focus their attention;
  • exclusive access to full-text, influential SAGE journal articles that have been carefully selected to tie important research and scholarship to chapter concepts;
  • multimedia resources that meet the learning needs of today’s media-savvy students and bring concepts to life; and
  • web resources that are included for further research and insights.

“This text is an excellent resource for an undergraduate introduction to criminal procedure. It is written at the appropriate level for undergraduates and it covers all the relevant material. It is well written, well organized, and accessible.”

Robert B. Rocklin
University of Oregon School of Law

“An extremely comprehensive and easy to read text covering the broad topic of criminal procedure. Starting with a good foundation, the text turns to specific areas including search and seizure, arrest, interrogations and confessions, the exclusionary rule, remedies for constitutional violations, and the timeline for criminal cases from arrest through appeal.”

Michael B. Shapiro, J.D.
Georgia State University

“This textbook is a comprehensive primer on criminal procedure that engages students with a variety of reading materials and exercises.”

Jennifer C. Noble
California State University, Sacramento

“A good introductory text on criminal procedure that offers fresh and new cases and perspectives that would be of interest to students. Comprehensive and cohesive, [with] easy-to-follow chapters.”

Dr. Jamie Roberts
Rasmussen College

“A very comprehensive book; very easy to read and comprehend for both the instructor and the students. It is current in its themes, and it attracts students to want to read it as opposed to feeling intimidated.”

Ebonie Byndon
Wayne State University

For instructors

This book is not available as an inspection copy. For more information contact your local sales representative.

Purchasing options

Please select a format: