This volume traces the history of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution. It shows that the constitutional guarantee against double jeopardy has its roots in ancient Jewish and early Greek and Roman law. After recapping the history of the clause the Supreme Court's current interpretation of the clause is explained. This book describes the circumstances in which the premature termination of an individual's trial bars a subsequent trail for the same offense. It also examines when the Clause prohibits the government from imposing multiple punishments for the same offense. The final chapter includes a discussion of bibliographical sources.
Criminal Procedure: Doctrine, Application, and Practice, Second Edition, is designed to respond to the changing nature of teaching law by offering a flexible approach with an emphasis on application. Each chapter focuses on Supreme Court cases that articulate the constitutional requirements, while call-out boxes outline statutes or state constitutional law provisions that impose more stringent rules. Short problem cases, also in boxes, ask students to apply these principles to new fact patterns. Each chapter ends with a Practice and Policy section that delves deeper into the conceptual and practical obstacles to the realization of procedural rights in the daily practice of criminal law. The result is a modular format, presented in a lively visual style, which recognizes and supports the diverse pedagogical approaches of today’s leading criminal procedure professors. New to the Second Edition: Torres v. Madrid (2021) and its central question for criminal procedure: Does a shooting by a police officer that fails to incapacitate a suspect, who temporarily eludes capture, constitute a seizure? Simplified but enhanced materials regarding automobile searches. Simplified materials regarding protective sweeps. Enhanced materials on Terry stops, exploring both doctrinal developments and policy implications. Ramos v. Louisiana (2020) and simplified discussion of the constitutional requirement of jury unanimity, replacing Apodaca and its confusing array of overlapping plurality opinions. Edwards v. Vannoy (2021) and its holding that Ramos does not apply retroactively on federal habeas review. Materials on retroactivity and habeas, often perplexing for students, are presented in clear and simple terms. Discovery reform in New York State. Benefits for instructors and students: A mixture of classic and new Supreme Court cases on criminal procedure. Call-out boxes that outline statutory requirements. Call-out boxes that focus on more demanding state law rules. Problem cases that require students to apply the law to new facts. A Practice and Policy section which allows a deeper investigation of doctrinal and policy controversies, but whose placement at the end of each chapter maximizes instructors’ freedom to focus on the materials that most interest them. Modest number of notes and questions, inviting closer examination of doctrine and generating class discussion, without overwhelming or distracting students. Innovative pedagogy, emphasizing application of law to facts (while still retaining enough flexibility so as to be useful for a variety of professors with different teaching styles). Logical organization and manageable length. Open, two-color design with appealing visual elements (including carefully selected photographs).
Criminal Law: Cases, Materials, and Problems, Third Edition, focuses on basic principles of Anglo-American criminal law and is designed for use in an introductory course in Criminal Law, either in a law school or an undergraduate program in Criminal Justice, taught by teachers who use the case method of instruction. The book includes cases and statutes from various jurisdictions, as well as excerpts from the Model Penal Code. In addition, the author has strategically placed problems throughout the book so students can apply the law set forth in the cases and statutes to new fact situations, thereby allowing them to test their knowledge and reinforce their understanding of the relevant legal principles. The goal of the book is twofold: first, to help students gain an understanding of the general principles of Anglo-American criminal law; second, to aid students to develop their skills in case analysis, statutory interpretation, synthesis of cases, and problem-solving. David S. Rudstein is Professor of Law and Co-Director of the Program in Criminal Litigation at Chicago-Kent College of Law, Illinois Institute of Technology, where he has been teaching Criminal Law to first-semester students since 1973. Professor Rudstein received a J.D., cum laude, from Northwestern University, and an LL.M. from the University of Illinois. After receiving his law degrees he served for a year as law clerk to Justice Walter V. Schaefer of the Supreme Court of Illinois. Professor Rudstein is a member of the American Bar Association and the Chicago Council of Lawyers. In addition to having edited casebooks on criminal law and criminal procedure, he has written a book on the double jeopardy provision of the United States Constitution, is co-author of a three-volume treatise entitled Criminal Constitutional Law, and has published numerous law review articles on various aspects of constitutional criminal procedure.
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