Kamin and Bascuas' Investigative Criminal Procedure, 3d provides an
up-to-date, historically grounded understanding of the pre-trial
rights guaranteed by the Fourth, Fifth, and Sixth Amendments.
Rather than focusing on the holdings of individual cases, it
focuses on broader concepts and themes. Carefully edited majority,
concurring, and dissenting opinions convey the development of
constitutional criminal procedure law, exposing the way arguments
ebb and flow over time and across various doctrines. The Supreme
Court's classic and recent cases are reproduced and organized
around a politically agnostic conceptual approach, allowing
students to grasp the competing theories and concepts underlying
searches and seizures, interrogations, and the exclusionary rules.
"Points for Discussion" following each case focus students on the
areas of disagreement among the justices, facilitating class
preparation. Our goal is to get the students to think critically
about why the law is the way it is, what alternatives are possible,
and what theories and values underlie the Court's doctrine. Unlike
textbooks that proceed from a particular ideological viewpoint,
this book proceeds by defining, through the study of cases, the key
constitutional terms pertaining to criminal procedure - for
example, "search," "seizure," "probable cause," "custody,"
"interrogation," and "prosecution" - and then examining how the
Supreme Court's understanding of those concepts has changed over
time. The book endeavors to give equal attention to all the
justices' competing jurisprudential views and invites students to
draw their own conclusions as to which more faithfully accords with
the nation's founding principles. The overriding objective is to
encourage critical thought by requiring students to read the cases
closely, to distinguish between adjudication and exercises of raw
power, and ultimately to assess the validity of legal doctrines in
light of history, logic, and precedent.
General
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