Defendant Rights: A Reference Handbook

Front Cover
ABC-CLIO, 2004 - Law - 250 pages

A unique handbook comparing defendant rights in legal traditions around the world in light of fast-changing developments in U.S. law since September 11, 2001, and the USA PATRIOT Act.


Written for the general reader, this book examines the scope of the legal rights granted by the U.S. Constitution to those accused of a crime. Defendant Rights examines the history of the Anglo-American legal tradition and compares and contrasts this with the major international systems of the world.

Of special significance are the book's sections on the development of the British Dooms Law books under the Anglo-Saxon kings, and the Magna Carta's impact on American legal thought. Especially important in today's political climate is the coverage of Islam's sacred text, the Koran, and the role of the Islamic Kadi.


  • Chronology covers the evolution of defendant rights in the United States including material on the Warren, Burger, and Rehnquist Courts
  • Primary source documents include the U.S. Constitution, the Bill of Rights, the Universal Declaration of Human Rights, and Amnesty International's country reports

 

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Contents

History
1
Defendant Rights in the US Constitution
2
Discretionary Power and Defendant Rights
3
The Adversarial Nature of the US Court System
4
The Right to Protection from Unreasonable Seizure
6
Search and Seizure under Public Scrutiny
8
The Fifth Amendment Rights
9
The Right to Protection from Double Jeopardy
12
The Principle of Proportionality between Crime and Punishment
127
The Principle of Responsibility for Ones Actions
128
Commonalities between the Four Legal Traditions
129
Notes
130
Key People Cases and Terms
133
Blackstone Sir William 17231780
134
Burger Court 19691986
135
Coke Sir Edward 15521634
136

The Right to Privilege against SelfIncrimination
13
Miranda Rights
16
The Right to Due Process
17
The Sixth Amendment Rights
18
The Right to an Open and Public Trial
22
The Right to a Jury Trial
27
The Right To Be Informed of Charges and To Confront Accusers
33
The Right to Legal Counsel
34
The Eighth Amendment Rights
36
Conclusion
41
Notes
42
Issues and Controversies
45
Law and Order versus Due Process Advocates
46
Police Misconduct
48
Street Justice versus Legal Justice
49
Exclusionary Rules
52
Actual Guilt versus Legal Guilt
54
The Adversarial Nature of Criminal Prosecution
55
Discretionary Powers of Prosecutors
58
Beyond a Reasonable Doubt Standard
60
Burden of Proof
63
Defendant Rights versus Victim Rights
64
Defendant Rights and the USAPATRIOT Act
69
Conclusion
79
Notes
81
Chronology
85
Inquisition Era 9001215
86
Magna Carta Era 12151225
87
PostMagna Carta Era 12251613
88
Constitutional Era 17761950
89
Post11 September 2001 Era
90
Notes
102
A World Perspective
103
Ancient Egypt
104
The Hammurabi Code
106
The Ten Commandments
109
The Judge
111
The GrecoRoman Legal Tradition
112
The Rule of Law
115
British Common Law
118
Defendant Rights 12151613
119
The Islamic Legal Tradition
120
The Prophet Muhammad
121
The Juristic Consensus on Legal Matters
122
The Analogy
123
The Principle of Fairness and Impartiality
124
The Principle of Respect for Privacy
125
The Principle of Knowledge of the Case and Law
126
Duncan v Louisiana 1968
137
Escobedo v Illinois 1964
140
Gideon v Wainwright 1963
141
Griffin v California 1965
142
King Edward IIIs Declarations 1368
143
Mallory v United States 1957
144
Miranda v Arizona 1966
146
Petition of Right 1628
148
Rehnquist Court 1986Present
149
Trial by Ordeal Prohibition of 1215
150
United States v Leon 1984
151
United States v Wade 1967
152
US Circuit Court of Appeals Act 1891
153
US Constitution 1787
154
US Judiciary Act 1789
155
Warren Court 19531969
156
Notes
157
Documents and Data
159
Crime Classifications
160
The US Constitution and Criminal Defense
161
The Sixth Amendment 1791
162
Criminal Defense Data
163
The Bureau of Justice Statistics
164
The US Sentencing Commission
165
The Office of Juvenile Justice and Delinquency Prevention
166
The Executive Office for the US Attorneys
167
The US Court of Appeals for the Armed Services
168
Convictions in State and Federal Courts
169
Characteristics of State Prison Inmates
170
Characteristics of Jail Inmates
171
Comparing Federal and State Prison Inmates
172
Recidivism
173
Use of Alcohol by Convicted Offenders
174
Indigent Defense
175
Federal Criminal Prosecution and Defense
177
Statelevel Prosecution
180
Juveniles Prosecuted in State Criminal Courts
182
Notes
184
Agencies and Organizations
187
International Agencies and Organizations
196
Print and Nonprint Resources
201
Books on Other Countries
209
US Government Publications
213
Other Resources
218
Periodicals
220
Nonprint Resources
224
Index
237
Copyright

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About the author (2004)

Hamid R. Kusha is associate professor of criminal justice in the Department of Social Sciences at Texas A&M International University in Laredo, TX.

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