Publication Nates

• Pages: 05

Various books, pamphlets. and periodicals, solicited and unsolicited, are received from time to time by the editar of the Military Law Revirw. With volume 80, the Review began adding short descriptive comments to the standard bibliographic informn tion published in previous volumes. The number of publications received makes formal review of the majority of them impossible. Description of a publication in this section, however, does not preclude B subsequent formal review of that publication in the Review.

The comments in these notes are not recommendations either for or against the publications noted. The opinions and condu sions in these notes are those of the preparer of the note. They do not reflect the opinions of The Judge Advocate General's School, the Department of the Army, or any other governmental agency.

The publications noted in this section, like the books formally reviewed in the Milimy Law Reuiem, have been added ta the library of The Judge Advocate General's School. The School thanks the publishers and authors who have made their books available for this purpose.

Whitebread, Charles H. and Slobogin, Christopher, Crimlnnf Procedure: An Analusis of Cases and Concepts (2d ed.). Mineah New York The Faundstian Press, Ine., 1986. Pages: 877. Index, Table of cases, Bibliography. Price: S26.95. Publisher's Address: The Foundation Press. he.. 170 Old Country Road, Mineola, NewYork 11501.

Those of us who grew up with LaFave's Criminal Procedurehornbook on the "easy to reach" shelf of OUT personal legal libraries will be pleasantly surprised with Whitebread and Slabagin's CAminoi Procedure 12d ed.). Organized in a basic hombook.style format. its thirtyfour chapters are grouped under eight major headings: the fourth amendment, the fifth amend. ment, eyewitness identification, entrapment. the pretrial process. adjudication of guilt, the role of the lawyer, and the relationship between the federal and state courts. As might be expected, the heaviest emphasis is on fourth amendment law. but the authors address the full spectmm of criminal procedure issues. Although a few of the chapters wiU be of limited use to the military practitioner. such as those relating to grand juries and state courtdeviations from federal standards. on the whale the book is a valuable research tad. Two features are particularly noteworthy:

each chapter ends with a short conclusion that summarizes the black letter principles in the relevant area, and each chapter includes a short bibliography of articles, studies, and books dealing with these issues.

The authors state that they approached their task with three objectives in mind describing the present state of the law, tracing the historical development of that law, and suggesting a framework for analyzing the various issues. This methodology is highly successful, and lends itself well to the practitioner who wants a general overview of the subject matter. As opposed to other similar research aids, Criminal Procedure goes into sllghtly more detail about the facts of the important cases. Considering the Supreme Court's recent emphasis on the "totality of the circum. stances.'' as opposed to brighthe rules, this technique helps the reader put a case's holding into better tactical perspective. The authors do not just deal with the facts and holdings of various cases. however. They weave the ease law into patterns and trends. and discuss the future implications of these trends. As appears to be the fashion these days, the authors are critical of many Supreme Court decisions, and mince few words in their critique of the Court's reasomng. As is not quite so fashionable, however, the authors ground their criticism on persuasive analyses of preWarren Court decisions as well as the Warren cases themselves, and underpin these analyses with concise policy considerations. Further, the authors are not overly one-sided in their criticism: they are more than willing to defend the Burger Court when it is attacked without persuasive justification.

Perhaps the best reason to get a copy of Cnminal Procedwo, however, is that it is the most up-to-date reference work of its kind currently available. Criminal procedure is an area of the law that changes rapidly, and a research md that includes recent case law in its overall framework is a quantum leap better than one only two or three years old. For example, Criminal hocedure discusses such important recent cases as L'nited States u Inadi,Oregon v Elstad, Botson V. Kentucky, and Nix U. WhLteside-cases that appear only in the inevitably msjointed pocket parts of similar works, if at 4. Of course, a...