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

Tomkovicz, James J.

Criminal Law

Oxford University Press

Inaugurating Greenw4ood's Reference Guides to the United States Constitution series, this superlative guide to the Sixth Amendment is the first to survey the legal guarantee of counsel's assistance since 1963's Gideon ruling. The vast majority of important, even landmark cases regarding the right to counsel were decided after that pivotal ruling, making this the definitive work on the topic. Tomkovicz offers a concise yet substantial account of the historical development of the right to counsel in England and America.
Included are:
•A brief history of the topic
•Lengthy and sophisticated analysis of the current state of the law
•A bibliographical essay organizing and evaluating scholarly material for further research
•A table of cases
•Index
A thorough analysis of the relevant U.S. Supreme Court's doctrine gives concrete content to the right to assistance of defense counsel. Scholars and students of the U.S. Constitution, along with attorneys and lay readers, will gain a rich understanding of the meaning and importance of the Sixth Amendment, and a comprehensive overview of a cornerstone of America's constitutional and legal order.

The Right to the Assistance of Counsel: A Reference Guide to the United States Constitution (Reference Guides to the United States Constitution) (Reference Guides to the United States Constitution, 1)

Legal History

Praeger

may have some writings or highlights, but clean.

Criminal Procedure: Constitutional Constraints upon Investigation & Proof

White, Welsh S.

Lexis Nexis/Matthew Bender

White, Welsh S., Tomkovicz, James J.

Criminal Procedure: Constitutional Constraints upon Investigation and Proof (Legal Text Series)

Lexis Pub.

Criminal Procedure: Constitutional Constraints Upon Investigation and Proof focuses on issues raised by law enforcement investigatory practices. The casebook, which can be used in both introductory and upper-level courses, considers a range of pretrial issues, including searches and seizures, confessions, eyewitness identification procedures, entrapment, the right to counsel, and the exclusionary rules. The text is an excellent tool for comprehensive exploration of the protections provided by the Fourth Amendment, the Fifth Amendment Due Process Clause and Privilege Against Compulsory Self-Incrimination, and the Sixth Amendment Right to the Assistance of Counsel:• Each chapter begins with an Introductory Note to provide a context for the cases that follow;• All excerpted United States Supreme Court opinions are carefully edited to preserve the critical elements of the majority and dissenting Justices' reasoning;• Textual note material is kept to a minim

Criminal Procedure: Constitutional Constraints Upon Investigation And Proof (Cases and Materials)

Covering both the Basic And The Advanced Criminal Procedure courses, this text provides students with thorough yet concise explanations of the controlling rules and doctrines in Criminal Procedure. A coherent analytical framework helps students organize and clarify the study of law in both Criminal Procedure courses.

Criminal Procedure (Aspen Roadmap)

Panel Pub

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