Criminal Procedure

Wayne R. LaFave, University of Illinois College of Law

Jerold H. Israel, University of Michigan Law School

Nancy J. King, Vanderbilt University Law School

Orin S. Kerr, University of CA-Berkeley School of Law

Andrew D. Leipold, University of Illinois College of Law

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Table of Contents

Coverage of major developments since the last edition, including all Supreme Court decisions, several leading lower court decisions (e.g., the Trump gag order ruling), and significant statutory innovations.

Examples of new material include:

• An updated and more detailed discussion of developments in the entrapment predisposition inquiry
• A more detailed discussion of the judge’s role in cases where the defense wishes to raise an entrapment defense
• A revised discussion of the outrageous government conduct defense
• A revised and updated discussion of the constitutional status of the Miranda doctrine
• A revised and reorganized discussion of when the 6th Amendment right attaches for purposes of interrogations
• A revised discussion of Miranda’s “custody” requirement
• A revised and updated discussion of the legal treatment of “two-step” interrogation techniques under Miranda
• A revised discussion of Miranda waivers
• A reorganization of the standing material in Chapter 9
• A revised discussion of the attenuation doctrine as it modifies the exclusionary rule
• A revised discussion of the fruit of the poisonous tree doctrine
• A reorganization of the waiver and forfeiture material in Chapter 10
• New law and litigation regarding financial conditions of pretrial release
• Additional discussion of misdemeanors, prosecutor elections, and no drop policies
• Alternatives for handling prior conviction elements and bifurcation
• Pleas and sentencing via videoconferencing
• Stipulated facts trials
• The impact of collateral consequences on charging, plea negotiations, the right to jury, sentencing and incarceration rates, and double jeopardy analysis
• Developments in jury selection
• Substituting virtual presence for the physical presence of the defendant
• Remote testimony by witnesses
• Brady reform efforts
• Continuing development of the Apprendi rule
• Limits on appeal waivers
• Changing interpretations of the federal habeas remedy

Learn more about this series.