Online Instructor’s Manual with Test Bank for Criminal Procedure 3rd Edition John L. Worrall University of Texas at Dallas Boston Columbus Indianapolis New York San Francisco Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Copyright © 2018, 2016, 2013 by Pearson Education, Inc. or its affiliates. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. 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Where those designations appear in this book, and the publisher was aware of a trademark claim, the designations have been printed in initial caps or all caps. 10 9 8 7 6 5 4 3 2 1 ISBN-13: 978-0-13-457491-2 www.pearsonhighered.com ISBN-10: Contents To the Instructor iv Syllabus (10 weeks) v Syllabus (16 weeks) xiii Chapter 1: Introduction to Criminal Procedure 1 Chapter 2: The Exclusionary Rule and Other Remedies 17 th Chapter 3: Introduction to the 4 Amendment 27 Chapter 4: Searches and Arrests with Warrants 39 Chapter 5: Searches and Arrests without Warrants Chapter 6: Stop and Frisk 52 64 Chapter 7: Special Needs and Regulatory Searches 74 Chapter 8: Interrogations and Confessions 86 Chapter 9: Identifications 96 Chapter 10: The Pretrial Process 106 Chapter 11: Prosecutors, Grand Juries, and Defense Attorneys 120 Chapter 12: Plea Bargaining and Guilty Pleas Chapter 13: Trial and Beyond 132 143 0-13-457491-5 Test Bank 156 To the Instructor The instructor’s manual is a comprehensive document that includes a chapter overview, chapter objectives, a lecture outline with teaching tips, answers to the “Think About It” exercises in the main text, and suggested answers to the end-of-chapter assignments (Review Questions). Criminal Procedure is divided into four parts: (1) Foundations; (2) Search and Seizure; (3) Interrogations, Confessions, and Identification Procedures; and (4) Formal Proceedings. Chapter 1 is introductory and provides readers with the information necessary to begin studying criminal procedure. In particular, it defines criminal procedure, ties in the constitutional basis, covers the importance of precedents, covers competing concerns, highlights the structure of the court systems, and explains court cases from the beginning stage through adjudication. Chapter 2 begins by discussing the exclusionary rule, and then considers criminal, civil, and non-judicial remedies. Remedies are presented early in the text so readers will become aware of how people’s rights can be enforced in the U.S. courts. Chapter 3 provides a framework for studying the Fourth Amendment; specifically, it defines Fourth Amendment terminology and specifies when searches and seizures occur. This chapter also covers the doctrine of justification, focusing on the definitions of probable cause, reasonable suspicion, and administrative justification. Chapters 4 and 5 go on to cover searches and seizures with warrants and without warrants, respectively. Chapter 6 covers actions based on reasonable suspicion, including stops and frisks and investigative detentions, and Chapter 7 covers actions based on administrative justification and consent, including inventories, inspections, checkpoints, school and office searches, drug and alcohol testing, and the like. Chapter 8 focuses heavily on the Fifth Amendment’s self-incrimination clause and then summarizes the proper procedures for conducting interrogations and obtaining valid confessions. Further, it also examines how the Sixth Amendment governs interrogations and confessions. Chapter 9 discusses identification procedures, including the guidelines for proper pretrial identifications, and also introduces identification procedures used during trial, including the proper questioning of witnesses to assist in valid in-court identifications. Chapter 10 begins by discussing booking, the initial appearance, the probable cause hearing, pretrial release, the preliminary hearing, and the arraignment. This chapter also introduces the rules surrounding discovery. While discovery can occur well into a trial, most often discovery is pretrial in nature; thus, it is appropriate to discuss discovery in this context. Chapter 11 covers prosecutors, grand juries, and defense attorneys, including the constitutional guidelines by which each must abide. Of course, the actions of prosecutors, defense attorneys, and even grand juries matter outside the pretrial context, but readers should be familiar with these important actors before moving into the adjudication section. Finally, Chapter 12 covers plea-bargaining and guilty pleas. Again, both can occur well into a trial, but most plea bargains and guilty pleas are undertaken in an effort to avoid trial. Chapter 13 covers the defendant’s rights at trial, examines the right to a speedy trial and the right to an impartial judge and jury, discussing openness, confrontation, compulsory process, double jeopardy, and entrapment. Lastly, Chapter 13 covers important topics in sentencing as well as appeals and habeas corpus. Course Syllabus (10 weeks) Course Title: Credit Hours: Criminal Procedure Course Number: Course Length: 10 Weeks Date: Course Schedule: Prerequisite: Instructor: Phone: Email: Course Description: This course covers the fundamental principles and procedures employed in the investigation of crimes. It is a comprehensive introduction to criminal procedure from the first point individuals come into contact with the police, all the way through to the appeal process. The course connects criminal procedure cases to the real world through innovative pedagogy, and encourages students to think critically. This course is designed to develop a working knowledge of the steps of investigation beginning with the initial security of the crime scene and concluding with the presentation of evidence and proper testimony in court. Course Materials rd • Criminal Procedure 3 ed. John L. Worrall, University of Texas at Dallas ISBN-10: 0-13-454865-5• ISBN-13: ©2016 • Pearson Education Inc. Course Assignments • Exams (50 points each – 150 points) There are three (3) multiple-choice exams. The exams are not cumulative but will be based on the chapters presented immediately preceding each exam. • Final exam (100 points) There will be final exam for this class. The format for the exam may consist of some type of multiple choices, fill-ins the blanks, and/or essay questions that pertain to all of the information presented. • Instructor assignments (10 points each – 80 points) Assignments will be given out throughout the semester. Students are expected to complete each assignment and submit them on the due date. • Miscellaneous graded assignments in class (10 points each for 120 points) Students will complete assignments in class for points. • Project Paper (50 Points) Students will write a research paper about a criminal procedures topic that is of interest to them. The paper will be in APA format and contain an introduction, the body of the research, and a conclusion. The paper must contain in-text citations from at least three sources. One of the sources must be the textbook. APA Style: Papers that you write in your program of study must follow the guidelines set by the American Psychological Association. (http://apastyle.apa.org/) Long Island University: (http://www2.liu.edu/cwis/cwp/library/workshop/citapa.htm) Purdue Online Writing Lab: (http://owl.english.purdue.edu/owl/resource/560/01/) Visit the Online Writing Lab (called OWL) whenever you have an APA question. APA Tutorial (http://www.apastyle.org/learn/) This tutorial teaches how to write using the APA format. Academic Dishonesty/Plagiarism In the learning environment, professional attitude begins in the classroom. For that reason, students and faculty will not tolerate or commit any form of academic dishonesty. Any form of deception in the completion of assigned work is considered a form of academic dishonesty. This includes, but is not limited to: • Copying work from any source.