Topics Covered by the Annual Review of Criminal Procedure
Although the number and variety of topics covered
has changed greatly over time, the Annual Review has always been structured
so that the topics move chronologically through the steps of a criminal
proceeding, as is illustrated by the following Table of Contents from the
Twenty-Ninth Annual Review, published in May of 2000.
TABLE OF CONTENTS
FOREWORD: THE FOURTH AMENDMENT EXCLUSIONARY RULE AS A
CONSTITUTIONAL REMEDY BY WILLIAM C. HEFFERNAN
INTRODUCTION AND GUIDE FOR USERS
I. INVESTIGATION AND POLICE PRACTICES OVERVIEW OF THE FOURTH AMENDMENT
Government Action
Conduct Constituting a Search, or Seizure
Probable Cause
THE WARRANT REQUIREMENT
Particularity of Warrants
Execution of Warrants
WARRANTLESS SEARCHES AND SEIZURES
Investigatory Detention of Persons
Investigatory Detention of Property
Warrantless Arrests
Search Incident to Valid Arrest
Seizure of Items in Plain View
Exigent Circumstances
Consent Searches
Vehicle Searches
Container Searches
Inventory Searches
Border Searches
Searches at Sea
Administrative Searches
Special Needs
Abandoned Property
ELECTRONIC SURVEILLANCE
Orders for Electronic Surveillance
Statutory Postauthorization Duties
Suppression
Grand Jury Witnesses
Pen Registers and Trap and Trace Devices
Stored Wire and Electronic Communications
Electronic Surveillance Exempted from Title III
IDENTIFICATIONS
Right to Counsel
Due Process
Evidentiary Hearings
CUSTODIAL INTERRORATIONS
Miranda Rights
Custody
Interrogation
Limitations and Exceptions to the Miranda Rule
Waiver of Miranda Rights
Assertion of Miranda Rights
Involuntary Confessions
THE EXCLUSIONARY RULE
Standing
Good Faith Exception
Attenuation Exception
Independent Source Exception
Inevitable Discovery Exception
Collateral Uses
II. PRELIMINARY PROCEEDINGS PROSECUTORIAL DISCRETION
Selective Prosecution
Vindictive Prosecution
PRELIMINARY HEARINGS
Gerstein Hearings
Initial Appearances
Preliminary Examinations
GRAND JURY
Grand Jury Procedures
Review of Grand Jury Procedural Violations
Appeal of Grand Jury Orders
Grand Jury Powers
Grand Jury Secrecy
INDICTMENTS
Dismissal of Indictments
Evidentiary Challenges
Sufficiency of Indictments
Duplicity and Multiplicity
Amendments and Variances
JOINDER AND SEVERANCE
Joinder and Severance of Offenses
Joinder and Severance of Defendants
Review Of Misjoinder and Failure to Sever
BAIL
Pretrial Detention
Rebuttable Presumption of Dangerousness
Detention Hearings
Amendment and Review of Detention and Release Orders
Release Pending Appeal
Violation of Release Conditions
DISCOVERY
Government's Statutory Disclosure Duties
Rule 16: Discovery and Inspection
Rule 26.2: Production of Witness Statements
Rule 12.1: Notice of Alibi
Defendant's Statutory Disclosure Duties
SPEEDY TRIAL
Safeguards Against Preaccusation Delay
Constitutional Safeguards Against Postaccusation
Delay
Statutory Safeguards Against Postaccusation Delay
GUILTY PLEAS
Consequences of a Plea
Requirements for Entering a Plea
Withdrawing a Plea
COMPETENCY TO STAND TRIAL
Psychiatric Examinations
Competency Hearings
Fifth Amendment Issues
Commitment and Review Upon Finding of Incompetency
DOUBLE JEOPARDY
Types of Proceedings
Attachment of Jeopardy
Retrial Following Mistrial
Retrial Following Dismissal
Multiple Charges and Offenses
Multiple Prosecutions
Multiple Charges and Punishments in Single Prosecutions
Collateral Estoppel
Dual Sovereignty
Appeal
Guilty Pleas
Sentencing
III. TRIAL
RIGHT TO COUNSEL
Scope of Application
Waiver of Counsel and Pro Se Representation
Ineffective Assistance of Counsel
Conflict of Interest
Government Intrusion into Attorney-Client Relationship
RIGHT TO JURY TRIAL
Waiver of Right to Jury Trial
Jury Composition and Unanimity
Constitutional Challenges to Jury Selection Procedures
Statutory Challenges to Jury Selection Procedures
Voir Dire
Challenges for Cause
Peremptory Challenges: Generally
Peremptory Challenges: Equal Protection Issues
INFLUENCES ON THE JURY
Juror Disqualification and Substitution
Contamination by Extraneous Influences
Visible Extra Security Measures and Prison Garb
Contact Between Jury and Judge
Pretrial and Trial Publicity
AUTHORITY OF THE TRIAL JUDGE
Contempt Power
Civil Contempt
Criminal Contempt
PROSECUTORIAL MISCONDUCT
Improper Comments
Other Types of Misconduct
Appellate Review
FIFTH AMENDMENT AT TRIAL
Compulsion
Testimonial Communication
Self-Incrimination
Defendant's Right to Refuse to Testify
Witness' Right to Refuse to Testify
Conflicts with a Defendant's Sixth Amendment Rights
SIXTH AMENDMENT AT TRIAL
Confrontation Clause
Hearsay and the Confrontation Right
Joint Trials and the Confrontation Clause
Compulsory Process
PROOF ISSUES
Affirmative Defenses
Presumptions
IV. SENTENCING SENTENCING GUIDELINES
Offense Level
Criminal History
Career Offenders
Sentencing Range
Departures
Presentence Investigation Reports
Imposition of Sentence
Improper Considerations in Determining Sentence
Credit for Time Served
PROBATION
Imposition and Duration of Probation
Conditions of Probation
Revocation
SUPERVISED RELEASE
RESTITUTION
CAPITAL PUNISHMENT
Statutory Capital Punishment Schemes
Narrowing Eligibility for Death Penalty
Consideration of Relevant Mitigating Evidence
Improper Influences in Capital Cases
Death Qualification
Stays and Holds
The Federal Death Penalty Act of 1994
PAROLE
Parole Revocation
V. REVIEW PROCEEDINGS
NEW TRIAL
APPEALS
Notice of Appeal
Federal Government Appeals
Concurrent Sentence Doctrine
Preservation of Rights for Review
Plain Error
Harmless Error
APPELLATE REVIEW OF SENTENCES
Correction and Reduction of Sentence Under Rule 35
Constitutional Challenges
HABEAS RELIEF FOR STATE PRISONERS
Filing Deadlines
Jurisdiction and Venue
Cognizable Issues
Exhaustion and Procedural Bar
Delayed Petitions
Second or Successive Petitions
Dismissal of Petitions
Evidentiary Hearings
Right to Legal Assistance
Remedies and Appeals
Capital Cases
HABEAS RELIEF FOR FEDERAL PRISONERS
Jurisdiction, Venue, and Cognizable Issues
Filing Deadlines
Exhaustion and Procedural Bar
Delayed and Second of Successive Motions
Disposition of Motions Under the Section 2255 Rules
Right to Legal Assistance
Remedies and Appeals
VI. PRISONERS' RIGHTS
SUBSTANTIVE RIGHTS RETAINED BY PRISONERS
Right of Access to Courts
Freedom of Speech, Association, and Religion
Rights Related to Searches, Seizures and Personal
Privacy
Rights Related to Living Conditions, Medical Care,
and Disciplinary Treatment
Rights to Procedural Due Process
Right to Equal Treatment
Right to Assistance of Counsel
Rights of Pretrial Detainees
PROCEDURAL MEANS OF ENFORCEMENT UNDER 42 U.S.C. § 1983
Scope of Section 1983
Available Remedies Under Section 1983
Barriers To Bringing Section 1983 Actions Imposed
By The PLRA
Who May Be Liable Under Section 1983
Absolute and Qualified Immunity from Suit under Section
1983
Other Affirmative Defenses
Filing a Section 1983 Action Pro Se and Proceeding
In Forma Pauperis
Appointment of Counsel
Other Procedural Issues Governing Section 1983 Actions
in Federal Court
