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Tuesday, September 12, 2006

Research Canons: Criminal Procedure

Our next subject matter for the research canons project is Criminal Procedure.  (See here for a discussion of the research canons project, including categories, dates, and links to prior installments.)  Please comment on the books and articles that are essential to a new academic in the field.  In addition to listing your suggestions, you want to say a little about why the book or article is so important for new scholars.

Posted by Matt Bodie on September 12, 2006 at 08:33 AM in Research Canons | Permalink


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Maclin, Tracey. “The Complexity of the Fourth Amendment: A Historical Review,” 77 Boston University Law Review 925.

Posted by: DP | Sep 15, 2006 10:42:26 PM

Akhil Amar, The Constitution and Criminal Procedure

Posted by: Sofia | Sep 12, 2006 1:44:00 PM

On the bargaining front, I would add Malcolm Feeley, "The Process is the Punishment" and Milton Heumann, "Plea Bargaining."

Posted by: Josh Bowers | Sep 12, 2006 11:20:47 AM

Anthony Amsterdam, Perspectives on the Fourth Amendment

Posted by: John Q. Barrett | Sep 12, 2006 11:02:50 AM

Amsterdam, Perspectives on the Fourth Amendment, 58 Minn. L. Rev. 349 (1974); Harris, Factors for Reasonable Suspicion: When Black and Poor Means Stopped and Frisked, 69 Ind. L.J. 659 (1994)

Posted by: Roger Goldman | Sep 12, 2006 11:02:26 AM

Packer, "Two Models of the Criminal Process"; Steiker, "Punishment Theory and the Criminal-Civil Divide"; Stuntz,"The Uneasy Relationship Between Criminal Procedure and Criminal Justice"; Langbein, The Origins of the Adversary Criminal Trial; Stuntz, "The Substantive Origins of Criminal Procedure."

Posted by: Rick Garnett | Sep 12, 2006 10:00:33 AM

Let me suggest just a few relatively recent pieces that newbies should read:
Miller and Wright, The Screening/Bargaining Tradeoff, in Stanford LR
The symposium on plea-bargaining in the YLJ back in the 1990's (Stuntz and Scott, Easterbrook, and others)
Steiker and Steiker's Sober Second thoughts on the death penalty (HLR)
Stephen Bright's piece in YLJ on death penalty lawyer inequalities
Stith and Cabranes' book on Fear of Judging, and Marvin Frankel's Criminal Sentences: Law without order books are biggies on federal sentencing.

Posted by: Dan Markel | Sep 12, 2006 9:27:57 AM

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