👨‍⚖️Criminal Law Unit 9 – Criminal procedure

Key Concepts and Definitions

• Criminal procedure encompasses the legal rules governing the process of investigating, prosecuting, and punishing individuals accused of committing crimes
• Due process requires that the government respect all legal rights owed to a person and balances the power of law enforcement and the rights of the accused
• Probable cause is a reasonable amount of suspicion, supported by circumstances sufficiently strong to justify a prudent and cautious person's belief that certain facts are probably true
• Reasonable suspicion is a lower standard than probable cause and requires a well-founded suspicion that criminal activity may be occurring based on specific and articulable facts
• Exclusionary rule prohibits the use of evidence obtained in violation of a defendant's constitutional rights, serving as a deterrent against police misconduct
• Miranda warnings inform suspects of their rights to remain silent and to have an attorney present during questioning, protecting against self-incrimination
• Plea bargaining involves negotiation between the prosecution and defense, where the defendant agrees to plead guilty in exchange for a reduced charge or sentence
• Double jeopardy prevents an individual from being prosecuted more than once for the same offense, protecting against multiple punishments or trials

Constitutional Foundations

• The Fourth Amendment protects against unreasonable searches and seizures, requiring probable cause for warrants
• The Fifth Amendment provides due process rights, protects against self-incrimination, and prohibits double jeopardy
• The Sixth Amendment ensures the right to a speedy and public trial, an impartial jury, and the assistance of counsel
• The Eighth Amendment prohibits excessive bail, fines, and cruel and unusual punishment
• The Fourteenth Amendment extends due process rights to state criminal proceedings and ensures equal protection under the law
• Incorporation doctrine applies portions of the Bill of Rights to the states through the Fourteenth Amendment's Due Process Clause
• Landmark Supreme Court cases (Mapp v. Ohio, Miranda v. Arizona) have shaped criminal procedure and established important constitutional principles

Stages of Criminal Procedure

• Investigation involves gathering evidence, identifying suspects, and determining if a crime has been committed
• Arrest occurs when a person is taken into custody based on probable cause that they committed a crime
• Booking involves recording the suspect's personal information and the details of the alleged offense
• Initial appearance is the suspect's first appearance before a judge, where they are informed of the charges and their rights
• Preliminary hearing determines if there is sufficient evidence to proceed to trial
• Arraignment is where the defendant enters a plea of guilty, not guilty, or no contest
• Pre-trial motions can be filed by the defense or prosecution to exclude evidence, change venue, or dismiss charges
• Trial is the formal legal proceeding where guilt or innocence is determined by a judge or jury
• Sentencing occurs after a guilty verdict or plea, where the appropriate punishment is imposed
• Appeals allow the defense to challenge the conviction or sentence in a higher court

Rights of the Accused

• Presumption of innocence places the burden of proof on the prosecution to prove guilt beyond a reasonable doubt
• Right to remain silent protects against self-incrimination during police questioning and at trial
• Right to an attorney ensures legal representation during critical stages of the criminal process
• Right to a speedy trial prevents unreasonable delays that could hinder the defense
• Right to a public trial ensures transparency and accountability in the criminal justice system
• Right to an impartial jury requires jurors to be unbiased and base their decision solely on the evidence presented
• Right to confront witnesses allows the defense to cross-examine and challenge the credibility of prosecution witnesses
• Protection against double jeopardy prevents multiple prosecutions for the same offense

Law Enforcement Powers and Limitations

• Police may conduct searches with a warrant based on probable cause or under specific exceptions (exigent circumstances, plain view)
• Stop and frisk allows police to briefly detain and pat down a person based on reasonable suspicion of criminal activity and weapon possession
• Arrests must be based on probable cause, and suspects must be informed of their Miranda rights before custodial interrogation
• Police must respect an individual's right to privacy and obtain warrants for searches of homes or private property, with limited exceptions
• Entrapment defense may apply if law enforcement induces a person to commit a crime they would not have otherwise committed
• Police misconduct (excessive force, coerced confessions) can lead to the exclusion of evidence and potential civil liability
• Racial profiling and discriminatory practices are prohibited under the Equal Protection Clause of the Fourteenth Amendment

Pre-Trial Procedures

• Grand jury proceedings determine if there is sufficient evidence to bring criminal charges, conducted in secrecy without the presence of the defendant or their counsel
• Indictment is a formal accusation issued by a grand jury, indicating probable cause to believe the defendant committed the alleged offense
• Discovery allows the defense and prosecution to exchange information and evidence before trial, promoting fairness and efficiency
• Plea bargaining negotiations can result in reduced charges or sentences in exchange for a guilty plea, avoiding the uncertainty and costs of a trial
• Pre-trial motions can challenge the admissibility of evidence (suppress illegally obtained evidence), request a change of venue, or seek dismissal of charges
• Bail allows the defendant to be released from custody pending trial, ensuring their appearance in court while presuming innocence
• Speedy Trial Act sets time limits for the various stages of federal criminal proceedings to protect the defendant's right to a speedy trial

Trial Process

• Jury selection involves questioning potential jurors to ensure impartiality and eliminate bias (voir dire process)
• Opening statements allow the prosecution and defense to outline their case and preview the evidence they will present
• Prosecution presents evidence first, calling witnesses and introducing exhibits to prove the defendant's guilt beyond a reasonable doubt
• Cross-examination allows the defense to question prosecution witnesses and challenge their credibility or the reliability of their testimony
• Defense may present evidence to refute the prosecution's case, establish an alibi, or raise affirmative defenses (self-defense, insanity)
• Closing arguments summarize the evidence and argue why the jury should find the defendant guilty or not guilty
• Jury instructions provide the legal framework for the jury to evaluate the evidence and reach a verdict
• Deliberation occurs when the jury discusses the case in private to determine if the prosecution has met its burden of proof

Post-Trial Procedures and Appeals

• Sentencing hearing allows the judge to consider aggravating and mitigating factors, victim impact statements, and sentencing guidelines to determine the appropriate punishment
• Presentence investigation report provides background information on the defendant to assist the judge in making a sentencing decision
• Appeals can challenge the conviction or sentence based on legal errors, insufficient evidence, or constitutional violations
• Appellate courts review the trial record and legal arguments to determine if reversible error occurred
• Habeas corpus petitions can be filed by prisoners to challenge the legality of their detention or the constitutionality of their conviction or sentence
• Clemency or pardon may be granted by the executive branch to reduce or commute a sentence, or to restore certain rights after a conviction
• Expungement or sealing of criminal records can help individuals with past convictions in employment, housing, and other areas

Ethical Considerations in Criminal Procedure

• Prosecutors have a duty to seek justice, not merely convict, and must disclose exculpatory evidence to the defense (Brady v. Maryland)
• Defense attorneys must provide effective assistance of counsel and zealously advocate for their client's interests within the bounds of the law
• Judicial impartiality and independence are essential to ensure fair and unbiased proceedings
• Confidentiality of attorney-client communications is protected to foster open and honest dialogue between defendants and their counsel
• Perjury and false testimony undermine the integrity of the criminal justice system and can result in criminal charges
• Plea bargaining must be voluntary and not coerced, with defendants fully informed of the consequences of pleading guilty
• Ethical rules govern the conduct of attorneys, including conflicts of interest, candor to the tribunal, and fairness in dealing with opposing counsel
• Balancing the rights of the accused with the interests of public safety and the administration of justice is an ongoing challenge in criminal procedure