Criminal Procedure

1
Criminal Procedure

• Arrest
• First appearance
• Determine probable cause
• Appoint lawyer
• Set bail
• Preliminary hearing/information
• Grand jury/indictment
• Arraignment
• Pre-trial motions
• Plea bargaining

2
Constitutional requirements overview

• Application to federal government and states
• Search and seizure
• Confessions
• The Exclusionary Rule
• Rights of criminal defendants at trial
• Appeal and Habeas Corpus

3
The law of search and seizure

• What is a search?
• When is it unreasonable?
• The warrant requirement
• Searches without a warrant
• With probable cause
• Without probable cause
• Unreasonable seizures
• Arrests
• Terry stops

4
Confessions

• The voluntariness requirement
• Miranda warnings
• Right to remain silent
• Right to counsel
• Waiver of Miranda rights
• Must be knowing and voluntary

5
The Exclusionary Rule

• Evidence obtained in violation of constitutional
  rights is excluded at trial
• Justifications
• Deter police from violating constitution
• Preserve integrity of judicial system
• Good faith exception
• Impeachment exception

6
Defendants rights at trial

• Speedy trial
• Public trial
• Trial by jury
• Impartial jury
• Right not to testify
• Right to confront accusers
• Right to counsel (at state expense)
• Proof beyond a reasonable doubt
• No double jeopardy
• Right to appeal
• Right to writ of habeas corpus