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About the Book

Criminal Procedure: Investigation and Right to Counsel 3E

Front Cover - Criminal Procedure: Investigation and Right to Counsel 3E

Third Edition


Ronald Allen
Northwestern University

(The Late) William J. Stuntz
Harvard University 

Joseph L. Hoffmann 
Indiana University Maurer School of Law 

Debra A. Livingston 
Columbia University 

Andrew D. Leipold
University of Illinois

Tracey L. Meares
Yale Law School

2016. 1128 pages. ISBN: 978-1-4548-6830-9.

About the Book

Criminal Procedure: Investigation and Right to Counsel is for courses on criminal procedure law that focus on the issues pertaining to the investigation of criminal activities.  It is a spin-off of Comprehensive Criminal Procedure, by the same team of authors, which covers both the investigatory and adjudicatory aspects of criminal procedure law.  The casebook focuses primarily on constitutional criminal procedure law, but also covers relevant statutes and court rules.  The casebook is deliberately challenging—it is designed for teachers who want to explore deeply not only the contemporary state of the law, but also its historical and theoretical foundations.  The casebook incorporates a particular emphasis on empirical knowledge about the real-world impacts of law-in-action; the significance of race and class; the close relationship between criminal procedure law and substantive criminal law; the cold reality that hard choices sometimes must be made in a world of limited criminal justice resources; and, finally, the recognition that criminal procedure law always should strive to achieve both fairness to the accused and justice for society as a whole.

New to the 3rd Edition:
• We have added a wonderful new co-author, Yale Professor Tracey Meares, whose special expertise in the law and policy of police investigations has enriched the casebook tremendously.
• The Introduction chapter has been updated with a number of new scholarly writings that provide an overview of important aspects of criminal procedure law.
• The Right to Counsel chapter incorporates the new wave of structural reform litigation over the often-crushing caseloads and frequently inadequate resources of public defender offices; the chapter has also been completely reorganized for clarity and ease of teaching.
• The chapter on Boyd v. United States has been revised in light of the recent apparent revival of at least some aspects of that decision, and its newfound relevance to contemporary criminal procedure law.
• The Fourth and Fifth Amendment chapters, together with the chapter on Complex Investigations, have been completely rewritten to reflect the latest legal, social, and empirical developments in such important areas as police discretion (including stop-and-frisk and police use of force) and data searches (including searches of cell phones and e-mails, GPS and other forms of location monitoring, government investigative use of digital records, and legal protections for computer passwords and encryption keys). 
• All chapters in the casebook have been updated wherever necessary, and all have been re-edited and streamlined to improve their teachability.