Criminal Procedure: Model Problems and Outstanding Answers

Criminal Procedure: Model Problems and Outstanding Answers

Criminal Procedure: Model Problems and Outstanding Answers

Criminal Procedure: Model Problems and Outstanding Answers

Synopsis

In a criminal procedure class, students are asked to determine whether a citizen's constitutional rights were violated, and this question is consistently posed under a myriad of factual circumstances. In order to answer the query, students would need to examine and discuss the United States Supreme Court's interpretations of the Fourth, Fifth, Sixth, and Fourteenth Amendments of the US Constitution, identifying many tests and standards from those examinations and spirited discussions. Criminal Procedure: Model Problems and Outstanding Answers documents a few of the United States Supreme Court's tests and standards from these amendments to provide a more accurate assessment of whether a "right" under the Constitution has retained its full vitality, or whether it has been modified or made less vital than originally intended. Oxford University Press equips students with an accessible guide to acing challenging criminal procedure law exams. In Criminal Procedure: Model Problems and Outstanding Answers, Carlton Bailey helps students demonstrate their knowledge of criminal procedure in the structured and sophisticated manner that professors expect on law school exams. This book provides clear introductions on the fundamental topics in criminal procedure, provides hypotheticals similar to those that students can expect to see on an exam (including multi-issue questions), and offers model answers to those hypotheticals. Professor Bailey then coaches students in how to evaluate their own work with a comprehensive self-analysis section. This book prepares students by challenging them to use the law they learn in class while also explaining the best way to express sophisticated answers on law school exams.

Excerpt

For over ten years, I have started each of my Basic Evidence and Criminal Procedure classes with words paraphrased from the Federal Rules of Evidence 401 and 402:

If it is relevant, then, it is admissible except if it violates the Constitution, these
rules or….

Particularly in the Criminal Procedure class, we were asked to determine whether a citizen’s constitutional rights were violated. Indeed, this question was consistently posed under a myriad of factual circumstances. So, in order to answer this query under these various factual settings, I invited students to help me examine and discuss the U.S. Supreme Court’s interpretations (and sometimes creations) of the Fourth, Fifth, Sixth, and Fourteenth Amendments. We identified many tests and standards from those examinations and held spirited discussions. Accordingly, this book attempts to document a few of the Court’s tests and standards from these four amendments.

To successfully complete this project, I am especially appreciative of the (1) outstanding secretarial assistance provided, more often under a crushing number of other office demands, by Mrs. Audrey Briggs and Ms. Jacque Fifer; and (2) unwavering support of Dean Stacy Leeds.

I also appreciate the help of Professor Steve Sheppard, William H. Enfield Professor of Law, and his trusted assistant, Paul Pellegrini.

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