Download or read book Constitutionalizing Criminal Law written by Colton Fehr and published by UBC Press. This book was released on 2022-04-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.
Download or read book Constitutionalizing Criminal Law written by Colton Fehr and published by UBC Press. This book was released on 2022-04-01 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutionalizing Criminal Law calls for an overhaul of the way the Supreme Court has developed the relationship between criminal and constitutional law. The court has relied heavily on its power to constitutionalize principles of “fundamental justice” under section 7 of the Charter. In so doing, it employs both principles of criminal law theory and instrumental rationality. The court less frequently invokes enumerated Charter rights when striking down criminal laws. This book persuasively argues that the court should abandon the use of instrumental rationality and constitutionalize principles of criminal law theory only when an unjust criminal law cannot be struck down using an enumerated right.
Download or read book Constitutional Law in Criminal Justice written by Tina M. Fielding Fryling and published by Aspen Publishing. This book was released on 2023-01-31 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioner and Educator, Tina Fryling Presents a Pragmatic and Accessible Approach to Constitutional Law for Criminal Justice Students Constitutional Law in Criminal Justice, Third Edition presents the constitutional provisions most directly related to criminal law and procedure and demonstrates their daily impact on the attitudes, capabilities, events, and responses of legal professionals in policing, courtrooms, and federal agencies. The U.S. Constitution guides every facet of the investigation of crime and of threats to public safety and national security. To further readers’ understanding of the nature of these procedures, this book examines both the Constitution’s relevant provisions and the central developments in their interpretation by the Supreme Court and other U.S. courts. Vivid examples of the situations faced by practitioners on a daily basis bring the complexities of criminal law to life. New to the Third Edition: Expanded discussions of strict scrutiny, stop and frisk, cell phone privacy, the Strickland Test, and First Amendment protections in social media and campaign financing. New cases cover: the interpretation of the attempt to restrain an individual as a seizure (Torres v. Madrid) searches based on “common sense” and making a “logical inference” (Kansas v. Glover) hot pursuit and entry into a building (Lange v. California) the “community caretaking exception” to the Fourth Amendment (Caniglia v. Strom) the Establishment Clause and schools (Kennedy v. Bremerton School District and Carson v. Makin) the primacy of Second Amendment rights (New York State Rifle and Pistol Ass’n. v. Bruen) New scenarios for “You Be the Judge” and featured cases. Professors and students will benefit from: “You Be the Judge” feature encourages students to consider all sides of an issue and broaden their understanding of the complexities of constitutional law in the criminal justice context. Brief summaries of landmark Supreme Court cases provide essential information and insight. The relevant constitutional amendments are covered in terms of both their historical basis and their interpretation and application today. Clear writing speaks to a wide range of readers’ interests, perspectives, and preparation; the text is accessible to both majors and nonmajors in courses at all levels. Written by a practicing attorney who has litigated the issues, the text is authentic, current, approachable, and practical. Comprehensive information on the complexities of constitutional law relates to daily practice by courts, law enforcement, and other criminal justice professionals. The text is further enhanced by: A logical structure and conceptual focus Learning Objectives and key term lists in each chapter Stimulating questions in each chapter to test and assess student understanding
Download or read book Constitutional Law for Criminal Justice written by Jacqueline R. Kanovitz and published by Routledge. This book was released on 2018-09-03 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice professionals often do not receive the training they need to recognize constitutional principles that apply to their everyday work. Constitutional Law for Criminal Justice offers a way to solve this problem by providing a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect criminal justice professionals. Constitutional Law for Criminal Justice makes complex concepts accessible to students at all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key terms and concepts are defined in the glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for 50 years.
Download or read book Constitutional Law for the Criminal Justice Professional written by Carl J. Franklin and published by Taylor & Francis. This book was released on 1999-03-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written in a simple, straightforward manner, this book will help today's criminal justice student better understand con law issues as well as the complicated development of constitutional rights and law. In its simple, easy to understand format, this book is a must for both current criminal justice professionals and students studying to enter the p
Download or read book Constitutional Law and Criminal Justice written by Cliff Roberson and published by Routledge. This book was released on 2021-12-27 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illuminating US constitutional concepts in plain language and clarifying nuances in the law, this third edition of Constitutional Law and Criminal Justice simplifies understanding of the United States judicial system for those without advanced legal training. It updates recent decisions by the Supreme Court of the United States and includes a discussion on the current makeup and policy of the Supreme Court. Learning objectives and summary outlines of recent Supreme Court decisions, combined with practical examples and selected actual court documents, enhance students’ understanding of the most important issues regarding the US Constitution and its application in the criminal justice system. The book begins with an overview of the Bill of Rights, followed by an examination of the components of the judiciary. It moves on to a discussion of due process; the First, Fourth, Fifth, Sixth, and Eighth Amendments; and the exclusionary rule. A unique chapter addressing civil liability and the criminal justice professional is especially relevant to students in criminal justice programs. Concise and informative, this book is designed to be used in undergraduate courses in criminal justice and justice administration programs in universities and community colleges.
Download or read book Criminal Constitutional Law written by David S. Rudstein and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Law for Criminal Justice written by Jacqueline R. Kanovitz and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Constitutional Law for Criminal Justice, 16th Edition, offers criminal justice professionals the training they need to recognize the constitutional principles that apply to their daily work. Kanovitz and revision authors Jefferson Ingram and Christopher Devine provide a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect the US justice system. Chapter 1 summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops, arrests, use of force, search and seizure, technologically assisted surveillance, the Wiretap Act, interrogations and confessions, self-incrimination, witness identification procedures, the right to counsel, procedural safeguards during criminal trials, First Amendment issues relevant to law enforcement, and capital punishment. The final chapter covers the constitutional rights of criminal justice professionals in the workplace, their protection under Title VII of the Civil Rights Act, and their accountability under 42 U.S.C. 1983 for violating the constitutional rights of others. Part II contains abstracts of key judicial decisions exemplifying how the doctrines covered in earlier chapters are being applied by the courts. The combination of text and cases creates flexibility in structuring class time. This book makes complex concepts accessible to students in all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key Terms and Concepts are defined in the Glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for more than 50 years"--
Download or read book Constitutional Law for Criminal Justice written by George T. Felkenes and published by Prentice Hall. This book was released on 1988 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutionalizing Transitional Justice written by Cheng-Yi Huang and published by Taylor & Francis. This book was released on 2022-11-11 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complicated relationship between constitutions and transitional justice. It brings together scholars and practitioners from different countries to analyze the indispensable role of constitutions and constitutional courts in the process of overcoming political injustice of the past. Issues raised in the book include the role of a new constitution for the successful practice of transitional justice after democratization, revolution or civil war, and the difficulties faced by the court while dealing with mass human rights infringements with limited legal tools. The work also examines whether constitutionalizing transitional justice is a better strategy for new democracies in response to political injustice from the past. It further addresses the complex issue of backslides of democracy and consequences of constitutionalizing transitional justice. The group of international authors address the interplay of the constitution/court and transitional justice in their native countries, along with theoretical underpinnings of the success or unfulfilled promises of transitional justice from a comparative perspective. The book will be a valuable resource for academics, researchers and policy-makers working in the areas of Transitional Justice, Comparative Constitutional Law, Human Rights Studies, International Criminal Law, Genocide Studies, Law and Politics, and Legal History.
Download or read book Constitutional Law for Criminal Justice written by Jacqueline R. Kanovitz and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice professionals often do not receive the training they need to recognize the constitutional principles that apply to their daily work. Constitutional Law for Criminal Justice offers a way to solve this problem by providing a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect criminal justice professionals. Chapter 1 summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops,
Download or read book Constitutional Law written by Jacqueline Kanovitz and published by Routledge. This book was released on 2014-09-19 with total page 812 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents an up-to-date analysis of critical constitutional issues. Special attention is given to issues of greatest concern to criminal justice personnel — detention, arrest, search and seizure, interrogations and confessions, self-incrimination, due process, and right to counsel. Also includes constitutional aspects of criminal and civil liabilities of justice personnel, and constitutional and civil rights in the workplace. Part II presents key cases to assist in interpreting the constitutional provisions.
Download or read book About Guilt and Innocence written by Donald A. Dripps and published by Bloomsbury Publishing USA. This book was released on 2002-12-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Why does the American criminal justice system punish too many innocent people, failing to punish so many guilty parties and imposing a disproportionate burden on blacks? This remarkably original and vital work argues that the problems are rooted in a disjunction between prevailing values and the prevailing doctrinal regime in constitutional law. Dripps asserts that the Fourteenth Amendment's more general standards of due process and equal protection encompass the values that ought to govern the criminal process. Criminal procedure ought to be about protecting the innocent, punishing the guilty, and doing equal justice. Modern legal doctrine, however, hinders these pursuits by concentrating on the specific procedural safeguards contained in the Bill of Rights. Dripps argues that a renewed focus on the Fourteenth Amendment would be more consistent than current law with both our values and with the legitimate sources of Constitutional law, and will promote the instrumental values the criminal process ought to serve. Legal and constitutional scholars will find his account of our criminal system's disarray compelling, and his argument as to how it may be reconstructed important and provoking.
Download or read book The Meaning of Criminal Law written by Mohammed Saif-Alden Wattad and published by VDM Publishing. This book was released on 2008-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses the constitutional grounds of substantive criminal law in American law. Addressing touchstone cases of the U.S. Supreme Court on substantive criminal law, the book proposes that the Court has consistently failed to provide a theory of substantive criminal law. In addition, the book criticizes the Court's superficial understanding of fundamental principles of criminal theory. More specifically, in highlighting the inherent nexus between constitutional law and substantive criminal law, the book examines the American Supreme Court's reluctance to entangle with the constitutional aspects of substantive criminal law. The book rejects the argument that the American Constitution includes no language of substantive criminal law. Inquiring into the possible interactions between constitutional law and criminal law, the book offers a complete theory of the fundamental principles of substantive criminal law. The book provides a wider and deeper panorama of the whole theory of criminal law, thus providing the vital legal tools for addressing many other criminal law questions in future.
Download or read book CONSTITUTIONAL LAW FOR CRIMINAL JUSTICE PROFESSIONALS AND STUDENTS written by Kenneth Bresler and published by Charles C Thomas Publisher. This book was released on 2015-11-01 with total page 521 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook discusses, in plain English, the constitutional provisions that criminal justice professionals and students need to know. It uses the conversational approach to exploring the intersection of the U.S. Constitution and the criminal justice system. In this textbook, constitutional principles and requirements matter more than names of cases. Cases are used as examples and stories, but this is not a casebook. Chapter 1 is an overview of the U.S. Constitution. It also examines the Habeas Corpus Suspension Clause, the Ex Post Facto Clause, the Second Amendment, and other provisions. Chapters 2 and 3 examine the Fifth Amendment, including the Self Incrimination Clause. Chapters 4 and 5 examine the Due Process Clauses that appear in both the Fifth and Fourteenth Amendments. The next three chapters examine the Sixth Amendment, which generally protects defendants’ trial rights. The four chapters after that examine the Fourth Amendment, which governs searches and seizures, and related issues. Chapter 13 examines the exclusionary rule, which applies primarily to searches and seizures. Chapter 14 examines the Eighth Amendment, which bans cruel and unusual punishment. The last two chapters examine the First Amendment, which protects people’s religious rights and free expression.The textbook is readable, gets to the point, and therefore covers more material than similar textbooks. The author – a former trial and appellate prosecutor at the local, federal, and international levels – has a passion for constitutional law and for sharing what he has learned about it. It comes through on every page.
Download or read book Constitutional Law and the Criminal Justice System written by J. Scott Harr and published by Wadsworth Publishing Company. This book was released on 2002 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This constitutional law book focuses primarily on the Fourth Amendment (reasonable search and seizure) and the Fifth Amendment (double jeopardy, testifying against oneself), since they are the most relevant to criminal justice issues. Harr and Hess, authors of several successful books in the areas of criminal procedure, criminal justice employment, and policing issues, have taken the most complex of material and made it into a reader-oriented, manageable book that covers the key issues related to our Constitution and the criminal justice system.
Download or read book Constitutional Law and Criminal Justice Second Edition written by Cliff Roberson and published by CRC Press. This book was released on 2015-10-05 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book begins by providing an overview of the Bill of Rights, followed by an examination of the components of the judiciary. It then discusses due process; the first, fourth, fifth, sixth, and eighth amendments; and the exclusionary rule. Additional chapters address civil liability and the criminal justice professional, as well as the impact of terrorism on the right of habeas corpus. Using review questions and relevant cases in each chapter to illustrate legal applications, this volume illuminates the concepts in plain language, eliminates unnecessary legal jargon, and clarifies the nuances in the law, making complicated concepts approachable by those without advanced legal training.
