Kamin and Bascuas's Investigative Criminal Procedure, 4th
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Description
Kamin and Bascuas' Investigative Criminal Procedure, 4th provides an up-to-date, historically-grounded understanding of the pre-trial rights guaranteed by the Fourth, Fifth, and Sixth Amendments. The book focuses on broad concepts and themes. Carefully edited majority, concurring, and dissenting opinions convey the development of constitutional criminal procedure, exposing the way arguments ebb and flow over time and across various doctrines. The Supreme Court鈥檚 classic and recent cases are reproduced and organized to allow the students to grasp the competing theories and concepts underlying searches and seizures, interrogations, and the exclusionary rules. 鈥淧oints for Discussion鈥� following each case focus students on the areas of disagreement among the justices, facilitating class preparation and critical thinking. The authors鈥� goal is to get the students to think carefully about why the law is the way it is, what alternatives are possible, and what theories and values underlie the Court's doctrine.
The book proceeds by defining, through the study of cases, the key constitutional terms that determine the scope of criminal procedure 鈥� for example, 鈥渟earch,鈥� 鈥渟eizure,鈥� 鈥減robable cause,鈥� 鈥渃ustody,鈥� 鈥渋nterrogation,鈥� and 鈥減rosecution鈥� 鈥� and then examining how the Supreme Court鈥檚 understanding of those concepts has changed over time. The book endeavors to give equal attention to all the justices鈥� competing jurisprudential views and invites students to draw their own conclusions as to which more faithfully accords with the nation鈥檚 founding principles. The overriding objective is to encourage students to read the cases closely, to distinguish between adjudication and the exercises of raw power, and, ultimately, to assess the validity of legal doctrines in light of history, logic, and precedent.
The book proceeds by defining, through the study of cases, the key constitutional terms that determine the scope of criminal procedure 鈥� for example, 鈥渟earch,鈥� 鈥渟eizure,鈥� 鈥減robable cause,鈥� 鈥渃ustody,鈥� 鈥渋nterrogation,鈥� and 鈥減rosecution鈥� 鈥� and then examining how the Supreme Court鈥檚 understanding of those concepts has changed over time. The book endeavors to give equal attention to all the justices鈥� competing jurisprudential views and invites students to draw their own conclusions as to which more faithfully accords with the nation鈥檚 founding principles. The overriding objective is to encourage students to read the cases closely, to distinguish between adjudication and the exercises of raw power, and, ultimately, to assess the validity of legal doctrines in light of history, logic, and precedent.