CRIMINAL PROCEDURE

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CRIMINAL PROCEDURE
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Amendments

• Fourth Amendment
• Fifth Amendment
• Sixth Amendment
• Eighth Amendment
• Fourteenth Amendment

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SELECTIVE INCORPORATION

• Describes the process whereby the US Supreme
  Court on a case by case basis made certain
  Amendments in the Bill of Rights effective
  against the States.
• Prior to individual portions of Bill of Rights
  being made effective against the States, they
  were only effective against the Federal
  Government.

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FOURTH AMENDMENT

• Search and Seizure
• Incorporated in 1961 by Mapp v. Ohio
• Search Warrants preferred
• Exceptions to Warrant requirement (examples
  Autos, Private Citizens, Incident to Arrest,
  many more)
• Exclusionary Rule

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FIFTH AMENDMENT

• Double Jeopardy
• Self Incrimination
• Due Process

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SIXTH AMENDMENT

• Right to Counsel
• Speedy Trial
• Impartial Jury
• Right to Confront witnesses
• Compulsory Process
• Informed of Charges

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EIGHTH AMENDMENT

• Bail
• Cruel and Unusual Punishment

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Stages of Criminal Process

• Pre-arrest
• Arrest Interrogation
• Initial Appearance
• Probable Cause for Felony
• Arraignment
• Discovery
• Trial
• Sentencing
• Appeal

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• Burden of Proof

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