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Paralegal Power Break
The Law of Criminal Procedure
Constitutional Basis of Criminal Procedure
• Criminal procedure follows many patterns of civil procedure– Differences largely due to special provisions of U.S.
Constitution• Provisions of U.S. Constitution usually echoed
in state constitutions
Constitutional Basis of Criminal Procedure
• Constitution expresses basic code of criminal procedure by enumerating rights of citizens against government intrusion and rights of those accused of crimes– Especially first 10 Amendments
• Bill of Rights
Constitutional Basis of Criminal Procedure: Annotations
• Writ of habeas corpus brought by petition– Purpose:
• Challenge lawfulness of detention by government• Ex post facto law
– Penal law that operates retroactively• Right to jury trial applies to all criminal
prosecutions
Constitutional Basis of Criminal Procedure: Annotations
• Right to be free from unreasonable searches and seizures– Designed primarily to protect citizens from
excessive intrusions by government and police into homes and persons
Constitutional Basis of Criminal Procedure: Annotations
• Double jeopardy– Prevents person from being tried twice for same
crime– Jeopardy attaches once accused has been put on
trial before judge or jury• Until that time, case may be postponed without violating
this provision
Constitutional Basis of Criminal Procedure: Annotations
• Person cannot be held to be “witness against himself”– Usually referred to as privilege against self-
incrimination
Constitutional Basis of Criminal Procedure: Annotations
• “[No person may . . .] be deprived of life, liberty, or property, without due process of law”– Important feature of criminal law– Includes words “life” and “liberty”
• Primary means of punishing criminals are execution and incarceration
Constitutional Basis of Criminal Procedure: Annotations
• Defendant has “right to a speedy and public trial”
• Right to “impartial jury” fundamental to criminal justice system
• Defendant must be informed of nature and cause of accusation to prepare defense
Constitutional Basis of Criminal Procedure: Annotations
• Right of defendant to be confronted with witnesses against him– Protection against anonymous accusers– Ensures right to cross-examine witnesses
Constitutional Basis of Criminal Procedure: Annotations
• Compulsory process– Power of defendant in criminal case to force
witnesses to attend trial under subpoena issued by court
Constitutional Basis of Criminal Procedure: Annotations
• Right to be free from imposition of excessive bail is self-explanatory– What is excessive may be judged relative to what is
usual bail under similar circumstances• Right against imposition of cruel and unusual
punishments– Relative concept
Constitutional Basis of Criminal Procedure: Annotations
• Due process clause– Demands fair procedure and reasonable laws
• Equal protection clause– Imposes test of equality before law against
discriminatory practices
Exclusionary Rule• Developed from series of U.S. Supreme Court
interpretations of Fourth, Fifth, and Fourteenth Amendments
• Applies to excluding evidence illegally obtained by government
• Enforces adversarial principle in criminal proceedings
Exclusionary Rule• Excludes from trial evidence obtained in
violation of defendant’s constitutional rights• In most jurisdictions, motion to suppress
(physical evidence or confession) is pretrial motion that tests applicability of exclusionary rule to circumstances of case
Plea Bargaining• Nearly all convictions are result of negotiation• Defendant agrees to plead guilty in return for
beneficial treatment by prosecution• Present system could not work without plea
bargaining• Less than 5 percent of criminal cases go to trial
– Same is true of civil cases
Steps in Processing a Crime• Steps in criminal procedure tend to follow
more consistent routine than those of civil procedure because of legal limitations
• Burden of proving guilt beyond reasonable doubt forces police and prosecutor to monitor cases carefully– As opposed to “a preponderance of the evidence”
Steps in Processing a Crime• Outline of steps involved in criminal process:
– Detection of crime– Arrest and complaint
• Some jurisdictions use a warrant instead of complaint– Initial appearance
• Bail is set– Preliminary hearing
• Examines the legal basis for charges against defendant
Steps in Processing a Crime• Outline of steps involved in criminal process:
– Grand jury indictment• Infamous crimes• Felonies
– Information• Written accusation by prosecutor
– Arraignment • Defendant enters plea
Steps in Processing a Crime• Outline of steps involved in criminal process:
– Pretrial– Trial – Sentencing– Appeal
• Limited to questions of law– Habeas corpus
• In criminal trial often used in addition to appeal