Injustice for All

Mapp Vs. Ohio and the Fourth Amendment

Author: Priscilla Machado Zotti

Publisher: Peter Lang

ISBN: 9780820472676

Category: History

Page: 197

View: 4594

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With its original documents and extensive interviews, "Injustice for All" is an authentic voice for civil liberties and change and the consequences that result. The book details the historical, legal, and political significance of the famous search-and-seizure case "Mapp v. Ohio." From the underworld of gambling in 1960s Cleveland to the chambers of the Warren Court justices, the obscenity case becomes the vehicle for implementing the exclusionary rule. Dollree Mapp, the police who searched her, and all the major participants are followed throughout the investigation. The private papers of the justices reveal the inner workings of the nation's highest court. This book is essential for anyone interested in civil liberties and the processes of government as well as students of criminal justice and constitutional law.

Mapp V. Ohio

Evidence and Search Warrants

Author: Deborah A. Persico

Publisher: Enslow Pub Incorporated

ISBN: 9780894908576

Category: Juvenile Nonfiction

Page: 128

View: 8235

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The landmark Supreme Court case that dealt with drawing the line between legal and illegal searches of private residences and what evidence obtained from such searches is admissible in court.

Constitutional Law and the Criminal Justice System

Author: J. Harr,Kären Hess

Publisher: Cengage Learning

ISBN: 0495095435

Category: Social Science

Page: 448

View: 8370

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With Harr and Hess's legalese-free text, you'll gain a firm understanding of our often-complex Constitution and criminal justice system. To ground you in the laws that shape the system and our society, the authors present you with a clearly organized, 'bird's-eye view of the topic, supported by over 200 summarized cases that introduce you to the most influential and pertinent cases. Harr and Hess also devote considerable time to an exploration of the Fourth and Fifth Amendments, relevant because of their application to issues relevant to criminal justice: reasonable search and seizure, double jeopardy, and testifying against oneself. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

Criminal Procedure: Law and Practice

Author: Rolando del Carmen

Publisher: Cengage Learning

ISBN: 0495006009

Category: Social Science

Page: 640

View: 1326

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This eminently practical text has become a market leader as a result of its succinct, clear writing style, extensive use of engaging pedagogy, and unique ability to cover procedure completely and correctly without bogging students down in minutiae. Filled with case briefings, examples, sample police forms, and the most recent Supreme Court rulings, this book is known for its relevance to law enforcement officials and professionals in the field. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.

The Supreme Court and the Fourth Amendment's Exclusionary Rule

Author: Tracey Maclin

Publisher: Oxford University Press

ISBN: 0199996431

Category: Law

Page: 416

View: 6415

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The application of the Fourth Amendment's Exclusionary Rule has divided the Justices of the Supreme Court for nearly a century. As the legal remedy for when police violate the Fourth Amendment rights of a person and discover criminal evidence through illegal search and seizure, it is the most frequently litigated constitutional issue in United States courts. Tracey Maclin's The Supreme Court and the Fourth Amendment's Exclusionary Rule traces the rise and fall of the exclusionary rule using insight and behind-the-scenes access into the Court's thinking. Based on original archival research into the private papers of retired Justices, Professor Maclin's analysis clarifies the motivations and thoughts that explain the Court's exclusionary rule jurisprudence. He includes a comprehensive scholarly and objective discussion of the reasoning behind the Court decisions, and demonstrates that like other constitutional doctrines, the exclusionary rule is a political mechanism that expands and contracts as the times and Justices change. Ultimately, this book will help readers understand how constitutional law is constructed by judges with diverse political perspectives.

Rights, Liberties & the Rule of Law

Author: Maryann Zihala

Publisher: University Press of America

ISBN: 9780761830412

Category: Law

Page: 224

View: 2697

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Rights, Liberties & the Rule of Law is a casebook reader outlining the landmark Supreme Court cases that concern our rights and liberties as Americans. Students will be able to read the relevant opinions from the justices in the original. Each section is followed by questions for review and discussion.

Mapp versus Ohio

Author: Carolyn Nestor Long

Publisher: Univ Pr of Kansas

ISBN: N.A

Category: Law

Page: 228

View: 6397

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Although she came to be known as merely "that girl with the dirty books," Dollree Mapp was a poor but proud black woman who defied a predominantly white police force by challenging the legality of its search-and-seizure methods. Her case, which went all the way to the Supreme Court, remains hotly debated and highly controversial today. In 1957, Cleveland police raided Mapp's home on a tip--from future fight promoter Don "the Kid" King--that they'd find evidence linked to a recent bombing. What they confiscated instead was sexually explicit material that led to Mapp's conviction for possessing "lewd and lascivious books"--a conviction that initially pitted Ohio police and judges against Mapp and the American Civil Liberties Union. At stake was not only the search-and-seizure question but also the "exclusionary rule" concerning the use of evidence not specified in a search warrant. Carolyn Long follows the police raid into Mapp's home and then chronicles the events that led to the Court's 5-4 ruling in Mapp v. Ohio (1961), which redefined the rights of the accused and set strict limits on how police could obtain and use evidence. Long traces the case through the legal labyrinth, discusses the controversies it created, and assesses its impact on police behavior, as well as subsequent prosecutions and convictions of the accused. She also analyzes Justice Tom Clark's creative use of Mapp's case to overturn Wolf v. Colorado, which had ruled that the Fourth Amendment's protection against unreasonable searches applied only to federal law, and presents Justice John Harlan's strong federalist-based dissent. As entertaining as it is informative, Long's book features a host of intriguingcharacters: Mapp, he seasoned and determined attorney, A. L. Kearns, and police sergeant Carl Delau, among others. Combined with her concise and insightful explanations of key legal principles--including the exclusionary rule itself--Long's deft narrate provides an ideal format for teachers and students in criminology, legal history, constitutional law, and political science, as well as anyone who loves a good story. The Mapp case is still much debated, especially in light of the recent reauthorization of the U.S. Patriot Act and the free rain given to law enforcement officers in matters of search and seizure. Long's compelling study thus poses important questions regarding privacy and individual rights that still matter today, even as it also illuminates one of the keystones of the Warren Court's criminal procedure revolution.

John Marshall Harlan

Great Dissenter of the Warren Court

Author: Tinsley E. Yarbrough

Publisher: Oxford University Press

ISBN: 9780195362978

Category: Biography & Autobiography

Page: 432

View: 2736

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When David Souter was nominated by President Bush to the Supreme Court, he cited John Marshall Harlan as his model. It was an interesting choice. Admired by conservatives and deeply respected by his liberal brethren, Harlan was a man, as Justice William Brennan lamented, whose "massive scholarship" has never been fully recognized. In addition, he was the second Harlan to sit on the Court, following his grandfather--also named John Marshall Harlan. But while his grandfather was an outspoken supporter of reconstruction on a conservative court, the younger Harlan emerged as a critic of the Warren Court's liberal expansion of civil liberties. Now, in the first biography of this important but neglected jurist, Tinsley Yarbrough provides a detailed account of Harlan's life, from his privileged childhood to his retirement and death. Yarbrough examines the forces and events which shaped the Justice's jurisprudence--his early life and often complex family relationships, education at Princeton and Oxford, his work as a prosecutor during Prohibition, Republican Party activities, wartime service in the Army Air Force, and years as one of the nation's preeminent corporate lawyers (a career culminating in his defense of the du Pont brothers in the massive DuPont-GM antitrust suit). The book focuses, however, on Harlan's years on the high bench. Yarbrough weaves together discussions of the Justice's relations with his brethren, clerks, and staff, an examination of Harlan's role in the decision-making process on the Court, and an analysis of his jurisprudence. The Justice's approach to constitutional interpretation exalted precedent, deference to governmental power, and narrow decisions closely tied to case facts; but he also accepted an evolving, creative model of constitutional construction which permitted expansive readings of constitutional rights. Yarbrough's details Harlan's close relationship with Justice Frankfurter, showing how--despite their friendship and alliance--Harlan strongly marked out his own position, both personally and judicially, on the Warren and Burger courts. And he examines the substance and significance of his dissents in such famous cases as Miranda and the Pentagon Papers. Intensively researched, smoothly written, and incisively argued, Yarbrough's biography offers an absorbing account of the life and career of a great dissenter, hailed by admirers as a "lawyer's lawyer" and a "judge's judge." Coming at a time when the high court has begun to adopt many of Harlan's principles, this account provides an essential perspective on the Court, civil liberties, and a pivotal figure in the history of both.

The Handy Supreme Court Answer Book

Author: David L Hudson

Publisher: Visible Ink Press

ISBN: 157859264X

Category: Law

Page: 512

View: 4444

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From the origins of the court to modern practical matters—including the federal judiciary system, the Supreme Court’s session schedule, and the argument, decision, and appeal process—this resource provides detailed answers on all aspects of the Supreme Court. Exploring the social, cultural, and political atmosphere in which judges are nominated and serve, this guide book answers questions such as When did the tradition of nine justices on the bench begin? When did the practice of hiring law clerks to assist with legal research and writing begin? and How do cases reach the Supreme Court? Details on historic decisions—including Marbury v. Madison, Brown v. Board of Education, Miranda v. Arizona, and Bush v. Gore—accompany a thorough history of all 17 Supreme Court Chief Justices.

The Passage

Memoir of a Boston Undercover Cop in the '60s

Author: Phillip M Vitti

Publisher: Author House

ISBN: 1468543334

Category: Biography & Autobiography

Page: 496

View: 4914

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Journey with the author through the labyrinth of Boston’s once infamous Combat Zone - a four block area of concentrated crime, vice and pathos. Peer into the murky world and inner workings of organized crime - prostitution, gaming, pornography and bookmaking. Trace the rudimentary beginnings of his undercover personality known as Mike Russo, whose persona would last a decade. Mike Russo would evolve from a flat unidimensional ‘observe and report’ investigator into a fully immersed and developed character - a free floating, socially conscious, intellectual type with strong feelings against the war in Vietnam and a propensity towards political radicalism. Traits sorely needed for the specialized intelligence gathering that would enable the cops to stay one step ahead of the disruptive elements of the social protest era being violently played out in the streets of Boston and Cambridge. In the end the author would collide with his pseudo-self forcing him to confront his own conscience and choose, not between right from wrong - but right from right. This book ends on a soul-searching and highly dramatic note! He lived this life.

The Rehnquist Court

Justices, Rulings, and Legacy

Author: Thomas R. Hensley,Kathleen Hale,Carl Snook

Publisher: ABC-CLIO

ISBN: 1576072002

Category: Biography & Autobiography

Page: 443

View: 9134

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Highlights: - Provides an analysis of the major conservative changes in U.S. constitutional law during the Rehnquist Court- Analyzes the Rehnquist Court's voting record and the lasting impacts of those votes

The Supreme Court and the Judicial Function

Author: Philip B. Kurland

Publisher: University of Chicago Press

ISBN: 9780226464015

Category: Law

Page: 287

View: 953

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The papers in this collection are drawn from the annual The Supreme Court Review, which, since its inception in 1960, has been regarded by such legal scholars as Robert F. Drinnan, S. J., as "An indispensable, universally quoted work of the highest scholarship regarding the world's most influential tribunal." Now some of the most important contributions to the Review have been brought together in paperback editions that focus on issues that are becoming increasingly relevant to the ordinary citizen's daily life.

Constitutional Law

Author: Jacqueline Kanovitz

Publisher: Routledge

ISBN: 1317523903

Category: Law

Page: 832

View: 9914

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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.

Digital Archaeology

The Art and Science of Digital Forensics

Author: Michael W Graves

Publisher: Addison-Wesley

ISBN: 0132853795

Category: Computers

Page: 600

View: 6625

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The Definitive, Up-to-Date Guide to Digital Forensics The rapid proliferation of cyber crime is increasing the demand for digital forensics experts in both law enforcement and in the private sector. In Digital Archaeology, expert practitioner Michael Graves has written the most thorough, realistic, and up-to-date guide to the principles and techniques of modern digital forensics. Graves begins by providing a solid understanding of the legal underpinnings of and critical laws affecting computer forensics, including key principles of evidence and case law. Next, he explains how to systematically and thoroughly investigate computer systems to unearth crimes or other misbehavior, and back it up with evidence that will stand up in court. Drawing on the analogy of archaeological research, Graves explains each key tool and method investigators use to reliably uncover hidden information in digital systems. His detailed demonstrations often include the actual syntax of command-line utilities. Along the way, he presents exclusive coverage of facilities management, a full chapter on the crucial topic of first response to a digital crime scene, and up-to-the-minute coverage of investigating evidence in the cloud. Graves concludes by presenting coverage of important professional and business issues associated with building a career in digital forensics, including current licensing and certification requirements. Topics Covered Include Acquiring and analyzing data in ways consistent with forensic procedure Recovering and examining e-mail, Web, and networking activity Investigating users’ behavior on mobile devices Overcoming anti-forensics measures that seek to prevent data capture and analysis Performing comprehensive electronic discovery in connection with lawsuits Effectively managing cases and documenting the evidence you find Planning and building your career in digital forensics Digital Archaeology is a key resource for anyone preparing for a career as a professional investigator; for IT professionals who are sometimes called upon to assist in investigations; and for those seeking an explanation of the processes involved in preparing an effective defense, including how to avoid the legally indefensible destruction of digital evidence.

Cosmic Constitutional Theory

Why Americans Are Losing Their Inalienable Right to Self-Governance

Author: J. Harvie Wilkinson III

Publisher: Oxford University Press

ISBN: 0199930074

Category: Law

Page: 176

View: 9809

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American constitutional law has undergone a transformation. Issues once left to the people have increasingly become the province of the courts. Subjects as diverse as abortion rights and firearms regulations, health care reform and counterterrorism efforts, not to mention a millennial presidential election, are more and more the domain of judges. What sparked this development? In this engaging volume, Judge J. Harvie Wilkinson argues that America's most brilliant legal minds have launched a set of cosmic constitutional theories that, for all their value, are undermining self-governance. Thinkers as diverse as Justices William Brennan and Antonin Scalia, Professor John Hart Ely, Judges Robert Bork and Richard Posner, have all produced seminal interpretations of our Founding document, but ones that promise to imbue courts with unprecedented powers. While crediting the theorists for the sparkling quality of their thoughts, Judge Wilkinson argues they will slowly erode the role of representative institutions in America and leave our children bereft of democratic liberty. The loser in all the theoretical fireworks is the old and honorable tradition of judicial restraint. The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. Each of these seemingly disparate theories promises their followers an intellectually respectable route to congenial political outcomes from the bench. Judge Wilkinson calls for a plainer, simpler, self-disciplined commitment to judicial restraint and democratic governance, a course that alas may be impossible so long as the cosmic constitutionalists so dominate contemporary legal thought.

The Handy Law Answer Book

Author: David L Hudson

Publisher: Visible Ink Press

ISBN: 1578593379

Category: Law

Page: 432

View: 6124

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Combining practical legal tips with an exhaustive review of the law in the United States, this comprehensive reference answers more than 1,200 questions ranging from Where did the word tort come from? and How are state court judges selected? to Where did the first U.S. Supreme Court meet? Useful advice includes how to find a lawyer, how to file a complaint against a lawyer, how to document discrimination in the workplace, and how to handle oneself in court. Interspersed throughout are fun sidebars highlighting important cases and explanations of legal terms as well as entertaining information on bizarre and frivolous lawsuits, including one where a prisoner in Colorado sued prison officials after he injured himself during an escape attempt. With a wide range of information suitable for various knowledge bases—from junior high to junior college—this is an ideal source for anyone looking to get a better understanding of the law.

Beyond Evil

Author: Dan Morris

Publisher: iUniverse

ISBN: 0595886736

Category: Fiction

Page: 304

View: 2393

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Someone is performing a bastardized version of the Black Mass in San Antonio, Texas where Catholic Nuns are sadistically tortured, and slain. A scrupulous attorney hires an elite private investigator, Frank McLaughlin, to investigate on behalf of an anonymous client. Frank elicits the help of a White Witch, Fiona and they quickly fall in love. Time and time again, Frank's resolve is tested as he is torn between logic, duty and his own undefined faith. The police are baffled as the Catholic Archbishop cries out for action while silently pointing an accusing finger at the World Church of Satan. Chief of Homicide, Norman Lenowski, has pulled out all stops to solve the murders by creating a special task force called "Operation Madness." Fearing a cataclysmic showdown with the Catholic hierarchy, the World Church of Satan, headed by Lord Nicholas Stonefire, launches its own investigation into the serial murders. The Catholic Papacy unleashes their ultimate troubleshooter, an Assassini. The carnage continues while all efforts cross and collide until the shocking end. There is ample fodder here for all conspiracy theorists.