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Criminal Law & Procedure – Lecture 3 (of 4): Criminal Procedure: 5th and 6th Amendments, Pretrial, and Trial Procedures
Summary of Criminal Procedure – Lecture 3
Introduction
Lecture 3 focuses on constitutional protections in criminal proceedings, covering the Fifth and Sixth Amendments and pretrial and trial procedures.
Key Topics:
Fifth Amendment: Protection against self-incrimination, Miranda warnings, and double jeopardy.
Sixth Amendment: Right to counsel, a speedy trial, an impartial jury, and confrontation of witnesses.
Pretrial & Trial Procedures: Grand juries, bail, plea bargaining, discovery, burden of proof, sentencing, and post-conviction relief.
I. The Fifth Amendment
Protects individuals from coerced confessions and multiple prosecutions.
A. Miranda Rights & Custodial Interrogation
Miranda v. Arizona (1966): Suspects must be informed of right to remain silent and counsel.
Failure to provide warnings may make confessions inadmissible.
Exceptions: Public safety, spontaneous statements, and routine booking questions.
B. Voluntary Confessions & Self-Incrimination
Confessions must be voluntary—coercion makes them inadmissible.
Exclusionary rule bars evidence obtained in violation of Miranda.
Privilege against self-incrimination applies only to testimonial evidence.
C. Double Jeopardy
Prohibits multiple prosecutions or punishments for the same offense.
Exceptions: Separate sovereigns doctrine, mistrials, and appeals.
II. The Sixth Amendment
Guarantees fair trial rights.
A. Right to Counsel
Gideon v. Wainwright (1963): Indigent defendants must be provided counsel.
Applies at all critical stages, including plea negotiations and sentencing.
Strickland v. Washington (1984): Defendants may claim ineffective assistance of counsel.
B. Speedy & Public Trial
Barker v. Wingo factors: Length, reason, defendant’s assertion, and prejudice.
Speedy Trial Act (1974): Federal trials must start within 70 days.
C. Impartial Jury
Batson v. Kentucky (1986): Prohibits racial discrimination in jury selection.
Ramos v. Louisiana (2020): Criminal convictions require unanimous verdicts.
D. Confrontation Clause
Right to cross-examine witnesses.
Bruton v. United States (1968): Co-defendant’s confession cannot be used against another defendant.
Maryland v. Craig (1990): Limited exceptions for child victims.
III. Pretrial & Trial Procedures
Focuses on probable cause, bail, plea deals, burden of proof, and sentencing.
A. Grand Juries & Bail
Grand juries determine probable cause, but defendants cannot present evidence.
Bail must not be excessive (8th Amendment); based on flight risk, crime severity, and public safety.
B. Plea Bargains & Discovery
Most cases resolve through plea deals.
Brady v. Maryland (1963): Prosecution must disclose exculpatory evidence.
C. Burden of Proof at Trial
Prosecution must prove guilt beyond a reasonable doubt.
Direct vs. Circumstantial Evidence: Direct = witnesses, videos; Circumstantial = motive, behavior.
D. Sentencing & Post-Conviction Relief
Mandatory minimums limit judicial discretion.
Death penalty restrictions: Roper v. Simmons (2005) bars execution of juveniles.
Appeals & Habeas Corpus: Review constitutional errors.
Wrongful Convictions: DNA evidence & Innocence Project help exonerate the falsely accused.
Conclusion
Today covered constitutional protections, trial rights, and post-conviction remedies. These safeguards ensure fairness, prevent wrongful convictions, and protect due process. Tomorrow, we will examine criminal appeals and habeas corpus petitions.
Published on 10 months, 3 weeks ago