Show Me Criminal Procedure

Abstract

Note: A newer version of this book, called “Criminal Procedure: A Free Law School Casebook,” was published by CALI in summer 2020. Free downloads are available at https://www.cali.org/books/criminal-procedure-trachtenberg-alexander

Show Me Criminal Procedure is a criminal procedure casebook available at no charge under a Creative Commons license. An open educational resources (OER) book funded by grants from the University of Missouri System, the book was written by two professors at the University of Missouri School of Law. Ben Trachtenberg teaches criminal procedure, evidence, and professional responsibility. Anne Alexander is director of the law school’s legal research and writing program.

The book is designed for the “investigations” criminal procedure class commonly taught at American law schools. It focuses on the Fourth, Fifth, and Sixth Amendments to the Constitution of the United States. Fourth Amendment topics include definitions of “search” and “seizure,” probable cause, warrants, exceptions to the warrant requirement (e.g., plain view, consent, automobiles), stop & frisk, and arrests. Moving to interrogations, the book covers due process and the voluntariness requirement, the Miranda Rule, and the Massiah doctrine. Next the book covers the exclusionary rule, including doctrines about standing and exceptions. Other chapters cover the right to counsel (including ineffective assistance and self-representation), witness identifications, and—briefly—electronic surveillance and the “war on terror.”

Like many criminal procedure casebooks, Show Me Criminal Procedure takes most of its words from Supreme Court opinions interpreting the Fourth, Fifth, and Sixth Amendments. When possible, it links to sources that it cites, such as court opinions and scholarly commentaries.

Note: Faculty considering assigning the book to students should feel free to contact Professor Trachtenberg about teaching materials.

Note: This book is released under the Creative Commons attribution license (CC-BY-4.0). This version contains a brief supplement for use during 2019-2020. One purpose of the book is to reduce the cost of legal education. Faculty considering assigning the book to students should feel free to contact Professor Trachtenberg about teaching materials.

Keywords: criminal procedure, open educational resources, OER, Fourth Amendment, Fifth Amendment, Sixth Amendment, search, seizure, warrants, interrogations, Miranda, Massiah, right to counsel, identifications, University of Missouri, casebook