A Review: Criminal Procedure For South Carolina Practitioners

If criminal procedure were a place, as opposed to a body of law, we would hope that you would find in this work an excellent travel guide.

crimproCriminal Procedure for South Carolina Practitioners is written by two of our very own, Professor Miller Shealy and Dean Margaret Lawton. For those who are currently taking criminal procedure, planning to practice in South Carolina, or just have a general interest in South Carolina criminal procedure, this resource will help you navigate through. Criminal Procedure for South Carolina Practitioners is written by Professor Miller Shealy and Dean Margaret Lawton.

In my opinion, many criminal procedure casebooks tend to be inundated with cases and author’s notes that appear as though they are accumulated over a period of years and then put into print. Many appear to be “student friendly,” however end up providing excessive information, making the text appear cluttered and overwhelming. The authors here try something different, with good effect.

The purpose of the book, which is considerably shorter than most that cover the investigative aspect of criminal procedure, provides a clear and concise discussion of issues including:

  • Searches
  • Seizures
  • Exigent Circumstances
  • Miranda v. Arizona
  • Terry Stops and Vehicle Stops
  • Standing
  • Sixth Amendment Right to Counsel During Police Interrogations
  • Ineffective Assistance of Counsel

Among other issues not listed above, this resource lays a foundation on each major topic of criminal procedure. Most Fourth Amendment topics are covered including Sixth Amendment issues regarding the investigative stage of the criminal process. Each major topic is given a chapter, which deals with an approach of first using United States Supreme Court precedent before diving into cited South Carolina cases. This format helps to give the reader a better understanding of criminal procedure through precedent and current, relative South Carolina law. If a topic is not covered by South Carolina courts, the authors have given other relevant precedent from the United States Court of Appeals, with a focus on the Fourth Circuit.

For anyone interested, this book is available for purchase on the South Carolina Bar website.

By Maria Skermo
Class of 2020

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