Criminal Procedure: A Free Law School Casebook
This Casebook is designed for the “investigations” criminal procedure class commonly taught at American law schools. It focuses on the Fourth, Fifth, and Sixth Amendments to the Constitution of the United States. Fourth Amendment topics include definitions of “search” and “seizure,” probable cause, warrants, exceptions to the warrant requirement (e.g., plain view, consent, automobiles), stop & frisk, and arrests. Moving to interrogations, the book covers due process and the voluntariness requirement, the Miranda Rule, and the Massiah doctrine. Next the book covers the exclusionary rule, including doctrines about standing and exceptions. Other chapters cover the right to counsel (including ineffective assistance and self-representation), witness identifications, and—briefly—electronic surveillance and the “war on terror.”
Like many criminal procedure casebooks, this book takes most of its words from Supreme Court opinions interpreting the Fourth, Fifth, and Sixth Amendments. When possible, it links to sources that it cites, such as court opinions and scholarly commentaries. It aims to present material clearly, without hiding the ball. In addition to covering black-letter law tested on the bar exam, the book explores the practical effects of Supreme Court doctrine on real people, and it encourages students to participate in ongoing debates about policing and prosecution.
465,889 Words, 916 Pages in PDF Published July 2020
Note: The Word and PDF versions are the complete book. The print version will be split into two parts because of printing limitations.
A Teacher's Manual is available for faculty; please use your CALI credentials to login for access.
- Creative Commons Licensing