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Constitutional Exclusion The Rules Rights And Remedies That Strike The Balance Between Freedom And Order 1st Edition by James J Tomkovicz ISBN 0195369246 9780195369243

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Constitutional Exclusion The Rules Rights And Remedies That Strike The Balance Between Freedom And Order James J. Tomkovicz Digital Instant Download

Author(s): James J. Tomkovicz
ISBN(s): 9780195369243, 0195369246
Edition: Hardcover
File Details: PDF, 2.17 MB
Year: 2011
Language: english
SKU: EB-10431808 Category: Tag:

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ISBN 10: 0195369246 
ISBN 13: 9780195369243
Author: James J Tomkovicz

Supreme Court interpretations of the Bill of Rights have produced seven constitutional “exclusionary rules.” These rules prevent prosecutors from introducing evidence of guilt in criminal trials, making it harder to convict offenders and enabling some criminals to avoid conviction and punishment. The importance of these evidentiary bars cannot be understated. They reflect inevitable tensions between liberty and security.Constitutional Exclusion, by James J. Tomkovicz contains in-depth analyses of each constitutional doctrine that dictates the suppression of evidence. The text begins with an extensive treatment of the Fourth Amendment exclusionary rule which bars evidence acquired by means of unreasonable searches or seizures. It then addresses three distinct doctrines that suppress confessions—the due process and privilege against compelled self-incrimination bar to coerced confessions, Miranda v. Arizona’s Fifth Amendment prophylactic presumption that certain confessions are inadmissible, and the Massiah doctrine’s Sixth Amendment right to counsel bar to incriminating admissions. Next, the book explains two prohibitions on eyewitness identification evidence, one rooted in the Sixth Amendment right to counsel and another grounded in the due process guarantee. Finally, the text explores the exclusion of hearsay commanded by the Sixth Amendment Confrontation Clause.Constitutional Exclusion analyzes the histories of, justifications for, and the legitimacy of these exclusion doctrines. By juxtaposing the rules and highlighting their distinctive characters, the book sheds new light on topics of vital importance to the administration of criminal justice.

Constitutional Exclusion The Rules Rights And Remedies That Strike The Balance Between Freedom And Order 1st Table of contents:

CHAPTER 1: THE FOURTH AMENDMENT EXCLUSIONARY RULE
Introduction
A. The Basic Fourth Amendment Rule
B. The Origin and Development of the Fourth Amendment Exclusionary Rule: A Brief Historical Overview
C. The Legitimacy of and the Rationales for the Fourth Amendment Exclusionary Rule
D. The Reach of the Fourth Amendment Exclusionary Rule
1. Evidence Presumptively Subject to Suppression: The Fourth Amendment Exclusionary Rule Prohibition
2. Proceedings in Which the Exclusionary Rule Operates
3. The “Standing” Doctrine: A Restriction of the Individuals Entitled to Evidentiary Suppression
4. A Possible “Culpability” Limitation on the Scope of the Exclusionary Rule
5. Exceptions to the Fourth Amendment Exclusionary Rule
E. Reflections on the Fourth Amendment Exclusionary Rule
CHAPTER 2: FIFTH AND FOURTEENTH AMENDMENT EXCLUSION OF CONFESSIONS
Introduction
A. The Basic Fifth Amendment Privilege and Due Process Clause Rules
B. A History of Fifth and Fourteenth Amendment Exclusion: The Origins and Evolution of the Dual Cons
1. Common Law Precursors: The “Nemo Tenetur” and “Voluntariness” Doctrines
2. The Origins and Development of the Dual Constitutional Bars to Involuntary Confessions
C. The Nature of and Rationales for the Due Process and Fifth Amendment Rules
D. The Reach of the Fourteenth and Fifth Amendment Rights to Exclusion
1. Evidence Subject to Suppression under the Due Process Clause and the Privilege against Compulsory
2. Proceedings in Which the Rights to Exclude Apply
3. Individuals Entitled to Exclude Coerced Confessions
4. Exceptions to the Exclusionary Commands of the Due Process Clause and Fifth Amendment Privilege
E. Reflections on the Fifth and Fourteenth Amendment Rights to Exclusion
CHAPTER 3: THE MIRANDA EXCLUSIONARY RULE
Introduction
A. The Basic Miranda Exclusionary Rule
B. The Origin and Transformations of the Miranda Exclusionary Rule: A Historical Account
C. The Rationales for and Legitimacy of the Miranda Exclusionary Rule
D. The Reach and Operation of the Miranda Exclusionary Rule
1. Evidence Subject to Exclusion: The Narrow Scope of Miranda’s Rule of Inadmissibility
2. Proceedings in Which the Miranda Rule Bars Statements
3. “Standing” to Suppress Statements Under Miranda
4. Exceptions to the Miranda Exclusionary Rule
E. Concluding Reflections upon the Miranda Exclusionary Rule
CHAPTER 4: THE MASSIAH DOCTRINE: SIXTH AMENDMENT EXCLUSION OF CONFESSIONS
Introduction
A. The Basic Massiah Suppression Doctrine
B. The Inception and Development of Massiah’s Sixth Amendment Exclusion Doctrine: A Brief History
C. The Justifications for, Nature of, and Legitimacy of the Massiah Suppression Doctrine
D. The Scope and Operation of the Massiah Exclusionary Rule
1. Evidence Subject to Exclusion: The Presumptive Reach of Sixth Amendment Suppression
2. Proceedings in Which the Sixth Amendment Bars Evidence
3. “Standing” to Raise a Sixth Amendment Exclusion Claim: The Individuals Entitled to Massiah’
4. Exceptions to the Massiah Exclusionary Rule
E. Concluding Reflections upon Massiah’s Sixth Amendment Exclusionary Rule
CHAPTER 5: SIXTH AMENDMENT EXCLUSION OF EYEWITNESS IDENTIFICATIONS
Introduction
A. The Basic Sixth Amendment Bar to Eyewitness Identification Evidence
B. The Origins and Development of Right to Counsel Suppression of Eyewitness Identifications
C. The Justifications for and Legitimacy of Sixth Amendment Exclusion of Eyewitness Identification E
D. The Scope and Operation of the Wade-Gilbert Exclusion Doctrine
1. Suppressible Evidence: The Presumptive Scope of Right-to-Counsel Exclusion of Identification Evid
2. Proceedings in Which the Wade-Gilbert Suppression Doctrine Operates
3. “Standing” to Seek the Exclusion of Eyewitness Identifications: The Persons Entitled to Bar E
4. Exceptions to the Wade-Gilbert Suppression Doctrine
E. Conclusions about Sixth Amendment Exclusion of Eyewitness Identifications
CHAPTER 6: DUE PROCESS EXCLUSION OF EYEWITNESS IDENTIFICATIONS
Introduction
A. The Basic Due Process Clause Bar to Eyewitness Identification Evidence
B. The Birth and Development of the Due Process Bar to Eyewitness Identification Evidence
C. The Nature of and Rationales for the Due Process Bar to Eyewitness Identification Evidence
D. The Reach and Operation of Due Process Suppression of Eyewitness Identifications
1. Evidence Subject to Exclusion: The Presumptive Scope of the Fourteenth Amendment Bar
2. Proceedings in Which Due Process Excludes Evidence
3. “Standing” to Claim Due Process Exclusion: The Persons Entitled to Bar Eyewitness Identificat
4. Exceptions to Stovall’s Due Process Suppression Doctrine
E. Conclusions about the Due Process Bar to Eyewitness Identification Evidence
CHAPTER 7: CONFRONTATION CLAUSE EXCLUSION OF HEARSAY
Introduction
A. A Basic Sketch of the Confrontation Clause Bar to Hearsay
B. A History of the Confrontation Clause Barrier to Hearsay: The Birth and Development of Sixth Amen
1. From 1878–1980: The First Century of Confrontation Clause Exclusion
2. From 1980–2004: The Rise and Fall of the Roberts Framework
3. From 2004 Into the Future: The Crawford Revolution
C. The Nature of and Justifications for Confrontation Clause Exclusion of Hearsay
D. The Scope and Operation of the Sixth Amendment Right to Exclude Hearsay
1. The Evidence Subject to Suppression: Unconfrontable Testimonial Hearsay
2. Proceedings in Which the Confrontation Clause Bars Hearsay
3. “Standing” to Exclude Testimonial Hearsay
4. Exceptions to the Sixth Amendment Right to Exclusion

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Tags: James J Tomkovicz, Remedies, Balance, Freedom