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Constitutional Law for Criminal Justice 16th Edition
Jacqueline R Kanovitz Jefferson L Ingram Christopher J Devine Jefferson L Ingram Christopher J Devine
Constitutional Law for Criminal Justice , Sixteenth Edition, offers criminal justice professionals the training they need to recognize the constitutional principles that apply to their daily work. Jacqueline R. Kanovitz, Jefferson L. Ingram, and Christopher J. Devine provide a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect the U.S. justice system. Chapter 1 of Part I summarizes the organization and content of the Constitution, the Bill of Rights, and the Fourteenth Amendment. The next eight chapters cover the constitutional principles that regulate investigatory detentions, traffic stops, arrests, use of force, search and seizure, technologically assisted surveillance, the Wiretap Act, interrogations and confessions, self-incrimination, witness identification procedures, the right to counsel, procedural safeguards during criminal trials, First Amendment issues relevant to law enforcement, and capital punishment. The final chapter covers the constitutional rights of criminal justice professionals in the workplace, their protection under Title VII of the Civil Rights Act, and their accountability under 42 U.S.C. § 1983 for violating the constitutional rights of others. Part II contains abstracts of key judicial decisions exemplifying how the doctrines covered in earlier chapters are being applied by the courts. The combination of text and cases creates flexibility in structuring class time. This book makes complex concepts accessible to students in all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key Terms and Concepts are defined in the Glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, studentfriendly textbook that has remained a leader in criminal justice education for more than 50 years.
Jacqueline R. Kanovitz most recently was an emeritus professor at the Brandeis School of Law, where she taught for 30 years and served as Associate Dean for Student Affairs. She also taught at other law schools. She held a J.D. (summa cum laude) from the University of Louisville School of Law. She was the recipient of numerous awards for teaching and writing excellence and co-authored this textbook from its first edition in 1968 until her death in 2017.
Jefferson L. Ingram holds the rank of professor in the Department of Political Science at the University of Dayton. He has a B.S. in secondary education, an M.A. in American history, and a Juris Doctor. He is a member of the Ohio Bar, the Florida Bar, the bar of the federal courts for the Southern District of Ohio, and the Bar of the Supreme Court of the United States.
Christopher J. Devine is an associate professor of political science at the University of Dayton. He earned his M.A. and Ph.D. in political science at The Ohio State University, and his B.A. in government and English at Connecticut College. He has published research on the U.S. presidency and vice presidency, political parties, public opinion, and voting behavior. He has taught courses on these topics, as well as constitutional law, at the University of Dayton.
CONSTITUTIONAL LAW FOR CRIMINAL JUSTICE
Jacqueline R. Kanovitz, Jefferson L. Ingram, and Christopher J. Devine
Designed cover image: Jefferson L. Ingram
Sixteenth edition published 2024 by Routledge
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and by Routledge
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Routledge is an imprint of the Taylor & Francis Group, an informa business
The right of Jacqueline R. Kanovitz, Jefferson L. Ingram, and Christopher J. Devine to be identified as authors of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks and are used only for identification and explanation without intent to infringe.
First edition published by Anderson Publishing Co. 1968
Fifteenth edition published by Routledge 2019
Library of Congress Cataloging-in-Publication Data
LC record available at https://lccn.loc.gov/2023026309
LC ebook record available at https://lccn.loc.gov/2023026310
ISBN: 978-1-032-16126-6 (hbk)
ISBN: 978-1-032-16123-5 (pbk)
ISBN: 978-1-003-24717-3 (ebk)
DOI: 10.4324/9781003247173
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Access the Instructor and Student Resources/Support Material: constitutionallawforcriminaljustice.com
In celebration of the life and work of Jacqueline R. Kanovitz (1942–2017) and the joy she took in doing what she did best
Chapter 4
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6.9 The Sixth Amendment Right to Counsel During Interrogations Conducted After the Commencement of
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Foreword to the Fifteenth Edition
We lost my mother, Professor Jacqueline R. Kanovitz, last year after her brief bout with cancer ended a lifetime full of labor and love. She left behind an adoring family, saddened friends, a cadre of grateful former students, and the book you are about to study. This book was a constant presence in her life as she wrote and rewrote it through fourteen editions over the course of five decades. Her consistent goal was to provide students a clear and up-to-date explanation of the ever-developing rules for policing in the United States, all without “dumbing down” the complicated topic of constitutional law. She succeeded by creating a book both scholarly and accessible.
The origins of both this book and Professor Kanovitz’s career trace back to the 1960s, during a time of rapid societal change and resistance to change. The Supreme Court spent much of the decade pushing reforms and constitutionalizing the procedures expected of police. Those reforms often met with resistance in the nation’s police forces but ultimately gave rise to modern policing as a recognized profession. Simultaneously, the role of women in society was changing. In keeping with the advancements of the time, the future Professor Kanovitz set out to become an attorney and enrolled at the University of Louisville Law School. But it was still rare for a woman to enter the legal profession. She met with discrimination that intensified the difficulties which always accompany studying the law.
Despite the unfairness she encountered, or, perhaps, because of it, she dug in and excelled by attaining one of the highest academic standings in the history of the school. She was awarded a J.D. degree summa cum laude, rather than the L.L.B. degree that was standard at the time, in recognition of her academic achievements. She was hired as a professor at the law school two years later and, thereafter, went on to teach several generations of lawyers for over 30 years. As a professor she was both feared and loved, demanding intellectual rigor of her students but always making herself available to them for emotional and academic support. Her memory of the biases she experienced in her time as a student gave her a constant source of empathy for all she taught. She knew that everyone can feel like an outsider when exposed to new pursuits.
The book was born shortly before Jackie’s graduation in 1967. The law school received an inquiry from John Klotter, Dean of the Southern Police Institute. He proposed an idea to write a textbook on constitutional law specifically for police. It was a juicy topic for an academic in light of the Supreme Court’s surging involvement in criminal procedure cases and because Congress, in turn, had begun a push to professionalize the nation’s police forces through formal education. As a testament to Jackie’s scholarship, the law school recommended to Dean Klotter that he team up with her, even though she was as yet only a student. Dean Klotter agreed, proving far more progressive in his thinking than the legal profession generally, which was still unwilling to
employ a female attorney, even one who graduated at the top of her class. A federal judge at the time, for example, simply said, “Send me a boy,” despite the law school’s highest recommendation for a clerkship. The big law firms in town would only interview men from her class, despite her superior ranking.
Thus, the opportunity to work on this textbook came at an important time for her in her new career. She joined Professor Klotter as a full co-author and, together, they published the first edition of the book in 1968. The book went on to great success and is still today the most widely used textbook of its kind. Through each subsequent edition, Professor Kanovitz worked tirelessly while excelling as a law professor, writing law review articles, and somehow still managing to make dinner from scratch for our family every night. The book was a perpetual work in progress because the courts were always issuing new cases. So, she would often labor into the night writing about the new cases for the next edition, the sounds of her IBM Selectric typewriter ringing like a machine gun from her basement office.
Over the course of her career, Professor Kanovitz’s scholarship extended past the U.S. Constitution to many other areas of the law. She taught contract law, the UCC, property, remedies and insurance, among other courses. In this way she developed an increasingly holistic view of the law which she brought to the book. As a result, the book fits the developing law into themes and trends rather than merely presenting a set of rules for police to follow. This approach also enabled her to foresee developments in the law, which predictions she would incorporate into the footnotes for each chapter.
When Professor Klotter retired in the late 1990s, I was fortunate to join her as a co-author for several editions. It was one of the great learning experiences of my life. I credit working with her for my subsequent career as a civil rights lawyer and with helping me make a difference for thousands of clients in the justice system.
The fifteenth edition of the book will be the first without Professor Kanovitz, but it is certain not to be the last. The framework established by Dean Klotter and Professor Kanovitz, and carried on by Professors Ingram and Devine, will continue to provide students with a genuine understanding of our nation’s Constitution, as well as a practical mastery of the procedures police can and must employ when enforcing the law in our constitutional system. Communicating the law to students, lawyers, and police was a lifetime’s work for Professor Kanovitz. Cultivating a deeper level of understanding of these things for you in your career was of paramount importance to her
She will be sorely missed.
Michael Kanovitz, J.D. March 2018
Preface
Criminal justice arrived as a learned profession in the late 1960s when Congress recognized that better-educated police officers were needed to implement the Warren Court’s constitutional reforms and appropriated funds to establish programs for their higher education. This marked the beginning of criminal justice as a degree program. Jacqueline R. Kanovitz was then a senior at the University of Louisville School of Law and had the unparalleled good fortune of being selected by the late John Klotter, Dean of the University of Louisville School of Justice Administration (then known as the Southern Police Institute), to co-author the first title in Anderson Publishing Company’s Criminal Justice Series. John Klotter was a trailblazer and dominant figure in criminal justice scholarship for many decades. He remained Kanovitz’s co-author and mentor during the first seven editions. He was succeeded by Michael Kanovitz, a successful trial lawyer and graduate of Cornell Law School, who served as co-author of the eighth through eleventh editions. Mike brought fresh ideas and a new perspective that were invaluable in making the transition from a traditional textbook to a modern one.
Now in its sixteenth edition, Constitutional Law for Criminal Justice has been the leader in its field for more than 50 years. The book contains a combination of about 65 percent textual materials and 35 percent edited cases. This combination creates flexibility in teaching approaches and enhances the classroom experience. The coverage is comprehensive, providing in-depth analysis of investigatory detentions, traffic stops, arrests, search and seizure, electronically assisted surveillance, the Wiretap Act, the right to counsel, interrogations and confessions, compulsory self-incrimination, pretrial identification procedures, constitutional safeguards available during criminal trials, due process, equal protection, capital punishment, First Amendment limitations on police authority, constitutional rights of police in the workplace, their liability for violating the constitutional rights of others, and much, much more. This book is designed for career path students who seek a deep and rich understanding of the constitutional principles that apply to their daily work.
The text is well organized and written in plain, clear, student-friendly language. A variety of techniques is used to enhance the learning experience. Chapters begin with an outline and end with a summary. Key terms and concepts appear in bold face type in the text and are defined in the glossary. Tables, figures, and charts are used to simplify and synthesize information. These techniques enable complex materials to be presented with clarity and ease.
Jacqueline R. Kanovitz, Jefferson L. Ingram, and Christopher J. Devine xvii
Highlights of the Sixteenth Edition
The sixteenth edition contains over a dozen new or different cases. The highlights include:
Chapter 1. History, Structure, and Content of the United States Constitution
This chapter contains Dobbs v. Jackson Women’s Health Organization (2022), in which the U.S. Supreme Court overturned the constitutional right to an abortion established in Roe v. Wade (1973) and Planned Parenthood of Southeastern Pennsylvania v. Casey (1992), by finding that this is not a “fundamental right” under the Fourteenth Amendment; in Timbs v. Indiana (2019), the United States Supreme Court ruled that the Eighth Amendment’s prohibition on “excessive fines” applies to the states. This is one of the most recent examples of use of the concept of selective incorporation under the Fourteenth Amendment’s due process clause.
Chapter 2. Freedom of Speech—Presented in this chapter is Mahanoy Area School District v. B.L., ___ U.S. ___, 141 S. Ct. 2038, 210 L. Ed. 2d 403, 2021 U.S. LEXIS 3395 (2021), in which the United States Supreme Court invalidated the suspension of a high school student for posting vulgar messages on social media off-campus and outside of school hours, as a violation of the First Amendment right to the freedom of speech; the Supreme Court in Iancu v. Brunetti, ___ U.S. 2294, 204 L. Ed. 2d 714, 2019 U.S. LEXIS 4201 (2019), struck down a provision of the 1946 Lanham Act, prohibiting the United States Patent and Trademark Office from registering “immoral or scandalous” trademarks, on free speech grounds.
Chapter 3. Authority to Detain and Arrest—New concepts in this chapter include a Supreme Court case that makes evidence discovered during an illegal Terry-type stop and frisk admissible if the police officer finds there is a pre-existing, valid arrest warrant for the unlawfully seized individual. Under such circumstances, evidence seized from the illegal Terry-type stop will be admissible in court against the seized individual, even though the stop otherwise violated the Fourth Amendment. This area of law and its accompanying jurisprudence has remained fairly stable over the past few years, with many cases, originating in the states, that reinforce prior Supreme Court rulings. The Supreme Court did add to the concept of when a Fourth Amendment seizure occurs in Torres v. Madrid, ___ U.S.___, 141 S. Ct. 989, 209 L. Ed. 2d 190, 2021 U.S. LEXIS 1611 (2021), when it held that a person has been seized for Fourth Amendment purposes, when the Supreme Court determined that a seizure occurs when police shoot and hit a fleeing suspect, who eluded police, and who was not captured at
that time. According to the Court, because of the application of physical force to the body, a seizure, however fleeting, has occurred. The seizure is said to have occurred when the bullet pierced the body of the suspect. In a refinement of the Terry-type investigative stop in a motor vehicle situation, the Court ruled in Kansas v. Glover, 589 U.S.___, 140 S. Ct. 1183, 206 L. Ed. 2d 412, 2020 U.S. LEXIS 2178 (2020), that a Terry-type investigatory stop of a motor vehicle met constitutional standards when the officer stopped a vehicle, after the officer determined that the license plate was registered to an owner who had a revoked driver’s license. The Court majority noted that reasonable suspicion under Terry existed when the officer lacks information that would negate an inference that the owner was driving the vehicle.
Chapter 4. Search and Seizure—Several federal appellate jurisdictions have applied the principles of Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009), which precluded searches incident to arrest at other locations when the arrestee was immobilized or secured away from the subject’s car or his property. In United States v. Davis, 997 F.3d 191, 197, 2021 U.S. App. LEXIS 13676 (4th Cir. 2021), the Fourth Circuit failed to allow evidence into court when it had been seized from a suspect who, at the moment of arrest, threw his backpack on the ground nearby and was immediately handcuffed. The subject was positioned face down on the ground and immobilized. The Fourth Circuit held that the Arizona v. Gant, 556 U.S. 332 (2009), rationale extended beyond the automobile setting and included a prohibition against searching a backpack incident to arrest when the arrestee could not access it. This case, or one similar, may reach the Supreme Court in a term or two if other federal circuits disagree with Davis.
Chapter 5. Laws Governing Police Surveillance—While police surveillance in many situations does not require a search warrant, some areas have emerged that may require the obtaining of court-ordered warrants. In the context of cell phone data that police want for investigations, warrants will be required when police desire historical cell phone location data. In Carpenter v. United States, ___, U.S. ___, 138 S. Ct. 2206, 201 L. Ed. 2d 507, 2018 U.S. LEXIS 3844 (2018), the Court held that when cell phone location data is desired to be obtained from the cell provider, a Fourth Amendment warrant is generally required. When police install pole cameras without a warrant, when the cameras overlook a public street, no Fourth Amendment violation has occurred. In United States v. Tuggle, 4 F.4th 505, 2021 U.S. App. LEXIS 20841 (7th Cir. 2021), cert. denied, Tuggle v. United States, 2022 U.S. LEXIS 982 (2022), a pole camera surveillance and recording of the outside of suspect’s home for 18 months was not considered a Fourth Amendment search under the present interpretations of the Fourth Amendment. In Tuggle the government used a readily available technology that had been placed in locations officers were lawfully permitted to occupy and the events that were recorded were observable to any member of the public. Cases generally reaffirm the right of anyone, including police, to video record anything in public view.
Chapter 6. Interrogations and Confessions—Over the span of the last several years, the Supreme Court has not revisited the area of constitutional requirements for the conducting of interrogations and the obtaining of confessions.
Concepts of custody and the limits of what constitutes interrogation have been fairly well determined in prior cases like Rhode Island v. Innis, 446 U.S. 281 (1989) (interrogation), Thompson v. Keohane, 516 U.S. 99 (1995) (custody), and New York v. Quarles, 467 U.S. 649 (1984) (emergency exception). This chapter presents the concepts of custody, interrogation, and exceptions to the required reading of the Miranda warnings in emergency situations. Voluntariness of confessions is discussed in Arizona v. Fulminante, 499 U.S. 279, 111 S. Ct. 1246, 113 L. Ed. 2d 302 (1991), and the standards for admissibility of confessions are fairly well known. In a state case, Perez v. People, 479 P.3d 430, 2021 Colo. LEXIS 98 (2021), an emergency situation arose whereby police were permitted to interrogate persons in custody because of fear concerning where firearms might be located, satisfied the emergency exception under New York v. Quarles. Confessions taken in violation of the Miranda warnings do not produce any civil liability for the officer who read the warnings defectively or did not read the warnings at all said the Court in Vega v. Tekoh, ___U.S.___, 142 S. Ct. 2095, 213 L. Ed. 2d 479 (2022) (See Chapter 10).
Chapter 7. Compulsory Self-Incrimination—The Fifth Amendment has not seen extensive revisiting by the Supreme Court in recent years, and this area of law is fairly settled. In the one area in which the Court collaterally addressed the Fifth Amendment, Vega v. Tekoh, ___ U.S. ___, 142 S. Ct. 2095, 213 L. Ed. 2d 479, 2022 U.S. LEXIS 3052 (2022), it did not extend civil liability for police officers who failed to properly read the Miranda warnings. In Mitchell v. Wisconsin, ___U.S.___, 139 S. Ct. 2525, 204 L. Ed. 2d 1040 (2019), the Court re-emphasized that the extraction of blood from a suspected drinking driver did not violate the Fifth Amendment privilege against self-incrimination.
Chapter 8. Right to Counsel—In revisiting the concept of effective assistance of counsel guaranteed by the Sixth Amendment, in Garza v. Idaho, ___ U.S. ___, 139 S. Ct. 738, 203 L. Ed. 2d 77, 2019 U.S. LEXIS 1596 (2019), the Supreme Court ruled that trial counsel’s refusal of the defendant’s request to file a notice of appeal constituted ineffective assistance of counsel, even though the defendant previously had waived his right to appeal. According to the high Court, the presumption of prejudice recognized in Roe v. Flores-Ortega, 528 U.S. 470 (2000), applied regardless of whether a defendant had signed an appeal waiver. This ruling followed directly from Flores-Ortega and from the fact that even the broadest appeal waiver did not deprive a defendant of all appellate claims.
Chapter 9. Trial and Punishment—The substantive constitutional issues covered by Chapter 9 have remained fairly stable in recent years. Most of the issues related to punishment, the death penalty, and most important collateral issues have been fairly and definitively decided by prior case law. Stable issues include speedy and public trial and confrontation concerns. This chapter presents material that highlights a 2022 challenge to the use of an eight-person jury in a state prosecution, in Khorrami v. Arizona, ___ U.S. ___, 143 S. Ct. 22, 214 L. Ed. 2d 22, 2022 U.S. LEXIS 4894 (2022). The argument that all state criminal juries should be composed of 12 jurors failed when the Supreme Court refused to grant certiorari to hear an Arizona man’s contention that all state jury trials should consist of 12 persons. However, in states that use 12-person juries in criminal cases, the 12 persons must come to a unanimous verdict since the Court
determined that non-unanimous 12-person juries violate the Sixth Amendment right to a trial by jury. The Court in Ramos v. Louisiana, ___ U.S.___, 140 S. Ct. 1390, 206 L. Ed. 2d 583, 2020 U.S, LEXIS 2407 (2020) held that, to be consistent with the requirements of the Sixth Amendment and history, when a state uses a 12-person jury, the vote must be unanimous to produce a verdict. Chapter 10. Rights and Liabilities in the Workplace—The Supreme Court of the United States continues to refine the use of force by law enforcement concerning when and how different levels of force are constitutionally permissible. In Rivas-Villegas v. Cortesluna, ___U.S.___, 142 S. Ct. 4, 211 L. Ed. 2d 164, 2021 U.S. LEXIS 5311 (2021), the Court found that the level of force in taking a subject to the ground failed to be civilly actionable since no existing case supported the argument that any clearly established law or interpretation existed that would have supported officer civil liability. In a case that could have possessed wide ranging potential for litigation and added extra civil liability, the Court found in Vega v. Tekoh, ___ U.S. ___, 142 S. Ct. 2095. 13 L. Ed. 2d 479, 2022 U.S. LEXIS 3053 (2022) that an officer possesses no liability in civil damages arising from a failure to properly offer the Miranda warnings. The Court noted that Miranda warnings could be violated without violating the Constitution. In determining that a Miranda error that did not rise to the level of a constitutional violation could not give rise to a § 1983 civil rights suit, the Supreme Court held that, although Miranda rules are based on the Constitution, no liability arises when there has been no constitutional violation.
Online Resource Materials
Many of the materials cited in footnotes throughout this text are available, free of charge, from the following sources:
Supreme Court (www.supremecourt.gov)
The Supreme Court’s official website contains an automated docket system of cases now pending before the Court, including the briefs filed in these cases, slip opinions of cases recently decided, and bound volumes of cases decided since 2007.
Findlaw (https://caselaw.findlaw.com/)
This website is a treasure of online resources for the reader. It contains all Supreme Court decisions since 1893, all federal statutes, more recent lower federal court decisions, and select state materials, plus additional legal resources, such as the Supreme Court’s current docket, briefs, and transcripts of oral arguments. For cases decided since September 2000, Findlaw offers a choice between the full text or an opinion summary, plus access to other secondary materials.
Google Scholar (http://scholar.google.com)
Google Scholar is an excellent resource for in-depth research. Researchers can access the full text of Supreme Court cases by typing in the case name; check the box entitled “articles” and gain access to numerous law review articles; and find references to other online repositories, universities, and websites that contain relevant information. A free Gmail account is needed to use this resource.
American Bar Association (www.americanbar.org/publications/preview_home. html)
This site contains summaries of the facts and issues presented in cases currently before the Supreme Court, along with the briefs filed in these cases.
Duke University (https://law.duke.edu/lib/research-guides/legal-materials)
This site contains most law journals and law review articles in PDF form for back issues, but not for current ones. Some legal reference books are also available.
Cornell Law School, Legal Information Institute (www.law.cornell.edu)
This site presents the United States Constitution with Amendments, the United States Code, the Code of Federal Regulations, and a collection of federal rules, including the Federal Rules of Criminal Procedure, Evidence and Appellate procedure.
Historical Documents (www.usa.gov/history)
This site contains the full text of the Constitution and other historically significant documents like the Declaration of Independence (1776), Articles of Confederation (1777), Federalist Papers (1787–1788), Bill of Rights (1791), Gettysburg Address (1863), and Emancipation Proclamation (1863). It has links to many other important historical documents that are available with a bit of touchpad or mouse effort.
Acknowledgments
We remain grateful to the professors, instructors, and criminal justice professionals who have used this book, for their suggestions, comments, and support over the years. Special thanks go to Dean John Klotter and to Jacqueline R. Kanovitz and Michael Kanovitz for their seminal work on developing this book through its many iterations. Thanks also to Pam Chester and Ellen Boyne for giving us the opportunity to continue this excellent work, and for their guidance and assistance in its revision. We wish to thank the outstanding professionals at Taylor and Francis who helped to prepare this manuscript for publication, and we are pleased, in particular, to thank Ellen Boyne, Samantha Cook, Sadé Lee, Liz Burton, and Kate Taylor. Our colleagues at the University of Dayton also deserve thanks and recognition for their support during the revision of this book, including: Grant Neeley, Nancy Martorano Miller, Eileen Maloney, and Christopher Brough. Finally, thanks to friends who are willing to engage in a good conversation about constitutional matters and clarify our thinking on such things, most notably Jeffrey Budziak and Kyle Kopko.
Jefferson L. Ingram, J.D. Professor Political Science University of Dayton
Christopher J. Devine, Ph.D. Associate Professor Political Science University of Dayton
Case Citation Guide
The following list provides an explanation of case citations used in Constitutional Law for Criminal Justice, Sixteenth Edition, for readers who may be unfamiliar with how court decisions are cited.
U.S. United States Reports. Published by the United States government, this is the official source of United States Supreme Court decisions. It reports only United States Supreme Court decisions. S. Ct. Supreme Court Reporter. Published by West Publishing Company, this publication reports United States Supreme Court decisions.
L. Ed./L. Ed. 2d United States Reports, Lawyers’ Edition, First Series/Second Series. Published by Lawyers Cooperative Publishing Company, this publication reports United States Supreme Court decisions.
F.2d/F.3d Federal Reports, Second Series/Third Series. Published by West Publishing Company, it reports decisions of the Federal Courts of Appeals.
F. Supp. Federal Supplement. Published by West Publishing Company, this reports decisions of the Federal District Courts.
A./A.2d/A.3d Atlantic Reporter, a regional reporter by West Publishing Company that reports decisions from the states of CT, DE, ME, MD, NH, NJ, PA, RI, and VT. It includes cases from the District of Columbia, printed in three series.
N.E./N.E.2d North Eastern Reporter, a regional reporter by West Publishing Company that reports decisions from the states of IL, IN, MA, NY, and OH; printed in two series.
P./P.2d/P.3d Pacific Reporter, a regional reporter by West Publishing Company that reports decisions from the states of AK, AZ, CA, CO, HI, ID, KS, MT, NV, NM, OK, OR, UT, WA, and WY; printed in three series.
S.E./S.E.2d South Eastern Reporter, a regional reporter by West Publishing Company that reports decisions from the states of GA, NC, SC, VA, and WV; printed in two series.
So./So.2d Southern Reporter, a regional reporter by West Publishing Company that reports decisions from AL, FL, LA, and MS; printed in two series.
S.W./S.W.2d/S.W.3d South Western Reporter, a regional reporter by West Publishing Company that reports decisions from AR, KY, MO, TN, and TX; printed in three series.
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TO ROAST GROUSE.
Handle the birds very lightly in plucking off the feathers; draw them, and wipe the insides with clean damp cloths; or first wash, and then dry them well; though this latter mode would not be approved generally by epicures. Truss the grouse in the same manner as the black game above, and roast them about half an hour at a clear and brisk fire, keeping them basted, almost without intermission. Serve them on a buttered toast which has been laid under them in the pan for ten minutes, or with gravy and bread sauce only.
1/2 hour to 35 minutes
Obs.—There are few occasions, we think, in which the contents of the dripping-pan can be introduced at table with advantage; but in dressing moor game, we would strongly recommend the toast to be laid in it under the birds, as it will afford a superior relish even to the birds themselves.
A SALMI OF MOOR FOWL, PHEASANTS, OR PARTRIDGES. (ENTRÉE.)
This is an excellent mode of serving the remains of roasted game, but when a superlative salmi is desired, the birds must be scarcely more then half roasted for it. In either case carve them very neatly, and strip every particle of skin and fat from the legs, wings, and breasts; bruise the bodies well, and put them with the skin and other trimmings into a very clean stewpan. If for a simple and inexpensive dinner, merely add to them two or three sliced eschalots, a bay leaf, a small blade of mace, and a few peppercorns; then pour in a pint or rather more of good veal gravy or strong broth, and boil it briskly until reduced nearly half; strain the gravy, pressing the bones well to obtain all the flavour, skim off the fat, add a little cayenne and lemonjuice, heat the game very gradually in it, but do not on any account allow it to boil; place sippets of fried bread round a dish, arrange the birds in good form in the centre, give the sauce a boil, and pour it on them. This is but a homely sort of salmi, though of excellent flavour if well made; it may require perhaps the addition of a little thickening, and two or three glasses of dry white wine poured to the bodies of the birds with the broth, would bring it nearer to the French salmi in flavour. As the spongy substance in the inside of moor fowl and black game is apt to be extremely bitter when they have been long kept, care should be taken to remove such parts as would endanger the preparation.
FRENCH SALMI, OR HASH OF GAME. (ENTRÉE.)
Prepare underdressed or half-roasted game by the directions we have already given, and after having stripped the skin from the thighs, wings, and breasts, arrange the joints evenly in a clean stewpan, and keep them covered from the air and dust till wanted. Cut down into dice four ounces of the lean of an unboiled ham, and put it, with two ounces of butter, into a thick well-tinned saucepan or stewpan; add three or four minced eschalots (more, should a high flavour of them be liked), two ounces of sliced carrot, four cloves, two bay leaves, a dozen peppercorns, one blade of mace, a small sprig or two of thyme, and part of a root of parsley, or two or three small branches of the leaves. Stew these over a gentle fire, stirring or shaking them often, until the sides of the saucepan appear of a reddish-brown, then mix well with them a dessertspoonful of flour, and let it take a little colour. Next, add by degrees, making the sauce boil as each portion is thrown in, three quarters of a pint of strong veal stock or gravy, and nearly half a pint of sherry or Madeira; put in the well-bruised bodies of the birds, and boil them from an hour to an hour and a half; strain, and clear the sauce quite from fat; pour it on the joints of game, heat them in it slowly; and when they are near the point of boiling, dish them immediately with delicately fried sippets round the dish. When mushrooms can be obtained, throw a dozen or two of small ones, with the other seasonings, into the butter The wine is sometimes added to the vegetables, and one half reduced before the gravy is poured in; but though a sauce of fine colour is thus produced the flavour of the wine is entirely lost.
TO ROAST WOODCOCKS OR SNIPES.
[In season during the winter months, but not abundant until frost sets in.].
Handle them as little and as lightly as possible, and pluck off the feathers gently; for if this be violently done the skin of the birds will be broken. Do not draw them, but after having wiped them with clean soft cloths, truss them with the head under the wing, and the bill laid close along the breast; pass a slight skewer through the thighs, catch the ends with a bit of twine, and tie it across to keep the legs straight. Suspend the birds with the feet downwards to a bird-spit, flour them well, and baste them with butter, which should be ready dissolved in the pan or ladle. Before the trail begins to drop, which it will do as soon as they are well heated, lay a thick round of bread, freed from the crust, toasted a delicate brown, and buttered on both sides, into the pan under them to catch it, as this is considered finer eating even than the flesh of the birds; continue the basting, letting the butter fall from them into the basting-spoon or ladle, as it cannot be collected again from the dripping-pan should it drop there, in consequence of the toast or toasts being in it. There should be one of these for each woodcock, and the trail should be spread equally over it. When the birds are done, which they will be, at a brisk fire, in from twenty to twenty-five minutes, lay the toasts into a very hot dish, dress the birds upon them, pour a little gravy round the bread, and send more to table in a tureen. Woodcock, 20 to 25 minutes; snipe, 5 minutes less.
TO ROAST THE PINTAIL, OR SEA PHEASANT.
[All wild-fowl is in full season in mid-winter: the more severe the weather, the more abundant are the supplies of it in the markets. It may be had usually from November to March.].
This beautiful bird is by no means rare upon our eastern coast, but we know not whether it be much seen in the markets generally. It is most excellent eating, and should be roasted at a clear quick fire, well floured when first laid down, turned briskly, and basted with butter almost without cessation. If drawn from the spit in from twentyfive to thirty minutes, then dished and laid before the fire for two or three more, it will give forth a singularly rich gravy. Score the breast; when it is carved sprinkle on it a little cayenne and fine salt, and let a cut lemon be handed round the table when the bird is served; or omit the scoring, and send round with it brown gravy, and Christopher North’s sauce made hot. (For this, see the following page.)
20 to 30 minutes.
TO ROAST WILD DUCKS.
A bit of soft bread soaked in port wine, or in claret, is sometimes put into them, but nothing more. Flour them well, lay them rather near to a very clear and brisk fire, that they may be quickly browned, and yet retain their juices. Baste them plentifully and constantly with butter, and, if it can be so regulated, let the spit turn with them rapidly. From fifteen to twenty minutes will roast them sufficiently for the generality of eaters; but for those who object to them much underdressed, a few additional minutes must be allowed. Something less of time will suffice when they are prepared for persons who like them scarcely more than heated through.
Teal, which is a more delicate kind of wild fowl, is roasted in the same way: in from ten to fifteen minutes it will be enough done for the fashionable mode of serving it, and twenty minutes will dress it well at a good fire.
A SALMI, OR HASH OF WILD FOWL.
Carve the birds very neatly, strip off the skin, and proceed as for the salmi of pheasants (page 292), but mix port or claret, instead of white wine, with the gravy, and give it a rather high seasoning of cayenne. Throw in the juice of half a small lemon before the salmi is served, place fried sippets round the dish, and send it to table as hot as possible.
For a common hash boil the skin and trimmings of the wild-fowl in some good broth, or gravy (with a couple of lightly fried eschalots or not, at choice), until their flavour is imparted to it; then strain, heat, and thicken it slightly, with a little brown roux, or browned flour; add a wineglassful of port wine, some lemon-juice, and cayenne; or sufficient of Christopher North’s sauce to flavour it well; warm the birds slowly in it, and serve them as soon as they are thoroughly hot, but without allowing them to boil.
[The following receipt having, from inadvertence, been omitted from the chapter to which it properly belongs—as the reader has already been informed—a place is given to it here.]
CHRISTOPHER NORTH’S OWN SAUCE FOR MANY MEATS.
Throw into a small basin a heaped saltspoonful of good cayenne pepper, in very fine powder and half the quantity of salt; add a small dessertspoonful of well-refined, pounded, and sifted sugar; mix these thoroughly; then pour in a tablespoonful of the strained juice of a fresh lemon, two of Harvey’s sauce, a teaspoonful of the very best mushroom catsup (or of cavice), and three tablespoonsful, or a small wineglassful, of port wine. Heat the sauce by placing the basin in a saucepan of boiling water, or turn it into a jar, and place this in the water. Serve it directly, it is ready with geese or ducks, tame or wild; roast pork, venison, fawn, a grilled blade-bone, or any other broil. A slight flavour of garlic or eschalot vinegar may be given to it at pleasure. Some persons use it with fish. It is good cold; and, if bottled directly it is made, may be stored for several days. It is the better for being mixed some hours before it is served. The proportion of cayenne may be doubled when a very pungent sauce is desired.
Good cayenne pepper in fine powder, 1 heaped saltspoonful: salt, half as much; pounded sugar, 1 small dessertspoonful; strained lemon juice, 1 tablespoonful; Harvey’s sauce, 2 tablespoonsful; best mushroom catsup (or cavice), 1 teaspoonful; port wine, 3 tablespoonsful, or small wineglassful. (Little eschalot, or garlicvinegar at pleasure.)
Obs.—This sauce is exceedingly good when mixed with the brown gravy of a hash or stew, or with that which is served with game or other dishes.
CHAPTER XVI.
Curries, Potted Meats, &c.
T great superiority of the oriental curries over those generally prepared in England is not, we believe, altogether the result of a want of skill or of experience on the part of our cooks, but is
attributable in some measure, to many of the ingredients, which in a fresh and green state add so much to their excellence, being here beyond our reach.
With us, turmeric and cayenne pepper prevail in them often far too powerfully: the prodigal use of the former should be especially avoided, as it injures both the quality and the colour of the currie, which ought to be of a dark green, rather than of a red or yellow hue. A couple of ounces of a sweet, sound cocoa-nut, lightly grated and stewed for nearly or quite an hour in the gravy of a currie, is a great improvement to its flavour: it will be found particularly agreeable with that of sweetbreads, and may be served in the currie, or strained from it at pleasure. Great care however, should be taken not to use, for the purpose, a nut that is rancid. Spinach, cucumbers, vegetable marrow, tomatas, acid apples, green gooseberries (seeded), and tamarinds imported in the shell—not preserved—may all, in their season, be added, with very good effect, to curries of different kinds. Potatoes and celery are also occasionally boiled down in them. The rice for a currie should always be sent to table in a separate dish from it, and in serving them, it should be first helped, and the currie laid upon it.
MR. ARNOTT’S CURRIE-POWDER.
Turmeric, eight ounces.[95]
Coriander seed, four ounces. Cummin seed, two ounces.
Fœnugreek seed, two ounces. Cayenne, half an ounce. (More or less of this last to the taste.)
95. We think it would be an improvement to diminish by two ounces the proportion of turmeric, and to increase that of the coriander seed; but we have not tried it.
Let the seeds be of the finest quality. Dry them well, pound, and sift them separately through a lawn sieve, then weigh, and mix them in the above proportions. This is an exceedingly agreeable and aromatic powder, when all the ingredients are perfectly fresh and good, but the preparing is rather a troublesome process. Mr. Arnott recommends that when it is considered so, a “high-caste” chemist should be applied to for it.
MR. ARNOTT’S CURRIE.
“Take the heart of a cabbage, and nothing but the heart, that is to say, pull away all the outside leaves until it is about the size of an egg; chop it fine, add to it a couple of apples sliced thin, the juice of one lemon, half a teaspoonful of black pepper, with one large tablespoonful of my currie-powder, and mix the whole well together. Now take six onions that have been chopped fine and fried brown, a garlic head, the size of a nutmeg, also minced fine, two ounces of fresh butter, two tablespoonsful of flour, and one pint of strong mutton or beef gravy; and when these articles are boiling, add the former ingredients, and let the whole be well stewed up together: if not hot enough, add cayenne pepper. Next put in a fowl that has been roasted and nicely cut up; or a rabbit; or some lean chops of pork or mutton; or a lobster, or the remains of yesterday’s calf’s head; or anything else you may fancy; and you will have an excellent currie, fit for kings to partake of.
“Well! now for the rice! It should be put into water which should be frequently changed, and should remain in for half an hour at least; this both clears and soaks it. Have your saucepan full of water (the larger the better), and when it boils rapidly, throw the rice into it: it will be done in fifteen minutes. Strain it into a dish, wipe the saucepan dry, return the drained rice into it, and put it over a gentle fire for a few minutes, with a cloth over it: every grain will be separate. When served, do not cover the dish.” Obs.—We have already given testimony to the excellence of Mr Arnott’s currie-powder, but we think the currie itself will be found somewhat too acid for English taste in general, and the proportion of onion and garlic by one half too much for any but well seasoned Anglo-Indian palates. After having tried his method of boiling the rice, we still give the preference to that of Chapter I., page 36.
A BENGAL CURRIE.
Slice and fry three large onions in two ounces of butter, and lift them out of the pan when done. Put into a stewpan three other large onions and a small clove of garlic which have been pounded together, and smoothly mixed with a dessertspoonful of the best pale turmeric, a teaspoonful of powdered ginger, one of salt, and one of cayenne pepper; add to these the butter in which the onions were fried, and half a cupful of good gravy; let them stew for about ten minutes, taking care that they shall not burn. Next, stir to them the fried onions and half a pint more of gravy; add a pound and a half of mutton, or of any other meat, free from bone and fat, and simmer it gently for an hour, or more should it not then be perfectly tender. Fried onions, 3 large; butter, 2 oz.; onions pounded, 3 large; garlic, 1 clove; turmeric, 1 dessertspoonful; powdered ginger, salt, cayenne, each 1 teaspoonful; gravy, 1/2 cupful: 10 minutes. Gravy 1/2 pint; meat, 1-1/2 lb.: 1 hour or more.
A DRY CURRIE.
Skin and cut down a fowl into small joints, or a couple of pounds of mutton, free from fat and bone, into very small thick cutlets; rub them with as much currie-powder, mixed with a teaspoonful of flour and one of salt, as can be made to adhere to them: this will be from two to three tablespoonsful. Dissolve a good slice of butter in a deep, well-tinned stewpan or saucepan, and shake it over a brisk fire for four or five minutes, or until it begins to take colour; then put in the meat, and brown it well and equally, without allowing a morsel to be scorched. The pan should be shaken vigorously every minute or two, and the meat turned in it frequently. When this is done, lift it out and throw into the stewpan two or three large onions finely minced, and four or five eschalots when these last are liked; add a morsel of butter if needful, and fry them until they begin to soften; then add a quarter of a pint of gravy, broth, or boiling water, and a large acid apple, or two moderate-sized ones, of a good boiling kind, with the hearts of two or three lettuces, or of one hard cabbage, shred quite small (tomatas or cucumbers freed from their seeds can be substituted for these when in season). Stew the whole slowly until it resembles a thick pulp, and add to it any additional liquid that may be required, should it become too dry; put in the meat, and simmer the whole very softly until this is done, which will be in from three quarters of an hour to an hour
Prawns, shrimps, or the flesh of boiled lobsters may be slowly heated through, and served in this currie sauce with good effect.
A COMMON INDIAN CURRIE.
For each pound of meat, whether veal, mutton, or beef, take a heaped tablespoonful of good currie powder, a small teaspoonful of salt, and one of flour; mix these well together, and after having cut down the meat into thick small cutlets, or dice, rub half of the mixed powder equally over it. Next, fry gently from one to four or five large onions sliced, with or without the addition of a small clove of garlic or half a dozen eschalots, according to the taste; and when they are of a fine golden brown, lift them out with a slice and lay them upon a sieve to drain; throw a little more butter into the pan and fry the meat lightly in it; drain it well from the fat in taking it out, and lay it into a clean stewpan or saucepan; strew the onion over it, and pour in as much boiling water as will almost cover it. Mix the remainder of the currie-powder smoothly with a little broth or cold water, and after the currie has stewed for a few minutes pour it in, shaking the pan well round that it may be smoothly blended with the gravy. Simmer the whole very softly until the meat is perfectly tender: this will be in from an hour and a quarter to two hours and a half, according to the quantity and the nature of the meat. Mutton will be the soonest done; the brisket end (gristles) of a breast of veal will require twice as much stewing, and sometimes more. A fowl will be ready to serve in an hour. An acid apple or two, or any of the vegetables which we have enumerated at the commencement of this chapter, may be added to the currie, proper time being allowed for cooking each variety. Very young green peas are liked by some people in it; and cucumbers pared, seeded, and cut moderately small, are always a good addition. A richer currie will of course be produced if gravy or broth be substituted for the water: either should be boiling when poured to the meat. Lemon-juice should be stirred in before it is served, when there is no other acid in the currie. A dish of boiled rice must be sent to table with it. A couple of pounds of meat free from bone, is sufficient quite for a moderate-sized dish of this kind, but three of the breast of veal are sometimes used for it, when it is to be served to a large family-party of currie-eaters; from half to a whole
pound of rice should then accompany it. For the proper mode of boiling it, see page 36. The small grained, or Patna, is the kind which ought to be used for the purpose. Six ounces is sufficient for a not large currie; and a pound, when boiled dry, and heated lightly in a dish, appears an enormous quantity for a modern table.
To each pound of meat, whether veal, mutton, or beef, 1 heaped tablespoonful of good currie-powder, 1 small teaspoonful of salt, and a large one of flour, to be well mixed, and half rubbed on to the meat before it is fried, the rest added afterwards; onions fried, from 1 to 4 or 5 (with or without the addition of a clove of garlic, or half a dozen eschalots); sufficient boiling water to nearly cover the meat: vegetables, as in receipt, at choice; stewed, 1-1/4 to 2-1/2 hours: a fowl, 1 hour, or rather less; beef, 2 lbs., 1-1/2 hour, or more; brisket of veal, 2-1/2 to 3 hours.
Obs.—Rabbits make a very good currie when quite young. Cayenne pepper can always be added to heighten the pungency of a currie, when the proportion in the powder is not considered sufficient.
SELIM’S CURRIES.
(Captain White’s.)
These curries are made with a sort of paste, which is labelled with the above names, and as it has attracted some attention of late, and the curries made with it are very good, and quickly and easily prepared, we give the directions for them. “Cut a pound and a half of chicken, fowl, veal, rabbit, or mutton, into pieces an inch and a half square. Put from two to three ounces of fresh butter in a stewpan, and when it is melted put in the meat, and give it a good stir with a wooden spoon; add from two to three dessertspoonsful of the curriepaste; mix the whole up well together, and continue the stirring over a brisk fire from five to ten minutes, and the currie will be done. This is a dry currie. For a gravy currie, add two or three tablespoonsful of boiling water after the paste is well mixed in, and continue the stewing and stirring from ten to twelve minutes longer, keeping the sauce of the consistency of cream. Prepare salmon and lobster in the same way, but very quickly, that they may come up firm. The paste may be rubbed over steaks, or cutlets, when they are nearly broiled; three or four minutes will finish them.”[96]
96. Unless the meat be extremely tender, and cut small, it will require from ten to fifteen minutes stewing: when no liquid is added, it must be stirred without intermission, or the paste will burn to the pan. It answers well for cutlets, and for mullagatawny soup also; but makes a very mild currie.
CURRIED MACCARONI
Boil six ounces of ribband maccaroni for fifteen minutes, in water slightly salted, with a very small bit of butter dissolved in it; drain it perfectly, and then put it into a full pint and a quarter of good beef or veal stock or gravy, previously mixed and boiled for twenty minutes, with a small tablespoonful of fine currie-powder, a teaspoonful of arrow-root, and a little lemon-juice. Heat and toss the maccaroni gently in this until it is well and equally covered with it. A small quantity of rich cream, or a little béchamel, will very much improve the sauce, into which it should be stirred just before the maccaroni is added, and the lemon-juice should be thrown in afterwards. This dish is, to our taste, far better without the strong flavouring of onion or garlic, usually given to curries; which can, however, be imparted to the gravy in the usual way, when it is liked.
Ribband maccaroni, 6 oz.: 15 to 18 minutes. Gravy, or good beef or veal stock, full pint and 1/4; fine currie-powder, 1 small tablespoonful; arrow-root, 1 teaspoonful; little lemon-juice: 20 minutes. Maccaroni in sauce, 3 to 6 minutes.
Obs.—An ounce or two of grated cocoa-nut, simmered in the gravy for half an hour or more, then strained and well pressed from it, is always an excellent addition. The pipe maccaroni, well curried, is extremely good: the sauce for both kinds should be made with rich gravy, especially when the onion is omitted. A few drops of eschalotvinegar can be added to it when the flavour is liked.
CURRIED EGGS.
Boil six or eight fresh eggs quite hard, as for salad, and put them aside until they are cold. Mix well together from two to three ounces of good butter, and from three to four dessertspoonsful of curriepowder; shake them in a stewpan or thick saucepan, over a clear but moderate fire for some minutes, then throw in a couple of mild onions finely minced, and fry them gently until they are tolerably soft: pour to them, by degrees, from half to three quarters of a pint of broth or gravy, and stew them slowly until they are reduced to pulp; mix smoothly a small cup of thick cream with two teaspoonsful of wheaten or of rice-flour, stir them to the currie, and simmer the whole until the raw taste of the thickening is gone. Cut the eggs into half inch slices, heat them quite through in the sauce without boiling them, and serve them as hot as possible.
