Criminal Procedure: Law and Practice by Rolando V. del Carmen

By Rolando V. del Carmen

Full of many examples from real-world occasions confronted by means of today's legislations enforcement execs, legal strategy: legislations AND perform delivers a pragmatic knowing of the present laws in legal process. whole, present, and accurate--without bogging you down in pointless details--this attractive booklet comprises assurance of the legislations on arrests, searches and seizures, motor vehicle stops, use of strength, interrogations, and line-ups. It additionally discusses present issues reminiscent of racial profiling, DNA facts, plea bargaining, terrorism, and digital surveillance. lengthy identified for its relevance to day by day legislation enforcement, this publication good points fascinating case briefs, pattern police types, hypothetical circumstances, and insurance of the newest U.S. very best courtroom rulings. transparent and reader-friendly, this publication makes legislations enforcement criminal recommendations effortless to appreciate and practice.

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Sample text

The officer then reached into Dickerson’s pocket and retrieved the lump, which turned out to be a small plastic bag of crack cocaine. Dickerson was arrested and charged with possession of a controlled substance. Note: The facts section can be too detailed or too sketchy, both of which can be misleading. In general, be guided by this question: What minimum facts must be included in your brief so that somebody who has not read the whole case (as you have) will nonetheless understand it? The amount of detail required is for you to decide—you must determine what facts are important or unimportant.

The provisions of state constitutions or state law sometimes give defendants more rights and guarantees of protection than those allowed under the federal Constitution. S. S. Constitution prevails. S. Constitution provides, that grant of protection by the state prevails. For example, assume that a state constitution, for some unlikely reason, requires a defendant to testify even when the result is self-incrimination. This provision would be declared unconstitutional because it contravenes the provisions of the Fifth Amendment.

The sample brief given here is as simple as it gets. Some briefs are more complex; they include dissenting and concurring opinions (if any), comments, case significance, case excerpts, and other elements an instructor or student might deem necessary. The basic elements of a simple case brief are as follows: 1. 2. 3. 4. 5. 6. 7. Case title Citation Year decided Facts Issue or issues Court decision Holding The case of Minnesota v. Dickerson could be briefed in the following way. (For comparison, read the original version of this case on the Internet by searching on “Minnesota v.

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