L12: Criminal Procedure & Due Process

5th Amendment

• No person shall be held to answer unless on indictment of a Grand Jury, except in cases arising in the land or naval forces. And no person should be charged for the same offense twice. No person shall be compelled to be a witness against themselves, or shall be deprived of life, liberty, or property, without due process of law. And no ones private property should be taken for public use without just compensation

Takings Clause

Prevents the government from taking property without just compensation

Double-Jeopardy Clause

Prevents being tried twice for the same offense in the same jurisdiction

Self-Incrimination clause (Pleading the 5th)

The right to be free from self-incrimination 

-Prohibits compelled (involuntary) self-incrimination

3 clauses that summarize the 5th amendment:

1. Takings Clause

2. Double-Jeopardy Clause

3. Self-Incrimination Clause 

Dual-Sovereignty Doctrine

• A person violating both state and federal laws can be tried in both state and federal courts without violating double jeopardy.

• However, it prohibits trials in multiple cities and counties since they receive their sovereignty from the state

When does Double-Jeopardy “apply”

1. Trial by Jury- when the jury is sworn in

2. Trial by Judge- when 1st witness is sworn in

Collateral estoppel

• Prevents re-trying the same incident even in there are multiple crimes stemming from the same incident 

• Applies to a lesser offense unless new evidence is found

• Generally***You can be tried for a criminal violation and alter for a similar cause of action 

Court case that produced the “Miranda rights”

Miranda v Arizona:

• suspects who are under custodial interrogation must be informed of and waive their constitutional rights

• “Anything you say or do can be used against you in court”

• If not, the resulting statements are inadmissible in court

• BUT they can be used to show the defendant’s testimony in uncredible

Custody

• If a person does not reasonably feel free to leave 

• Roadside stops do not count as custody, but if they arrest someone for a crime then that person is now in custody 

Interrogation

Words or conduct likely to elicit an incriminating response

-Paid informants placed in a suspect’s cell asking questions to a suspect i snot considered an interrogation

-They voluntarily talk with someone they do not believe is police

-Does not require Miranda warnings since coercive nature of police interrogations are not occuring

Right to Remain Silent

-You MUST affirmatively assert the right to remain silent, and once asserted, police must cease interrogation but can begin if:

1. a reasonable amount of time has passed OR

2. The defendant initiates a voluntary discussion with police

Right to Counsel

-Once the right is asserted, police must honor the request and end all questioning until

1. Counsel is present, OR

2. The defendant initiates a voluntary discussion with police  

For a self-incriminating statement to be admissible under the Due Process Clause, it must be ______

VOLUNTARY

Harmless Error Rule

Coerced confessions are admissible into evidence if it did not contribute to the outcome of the case

6th Amendment

• In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed

• The accused shall be informed of the nature and the cause of the accusation; to be confronted with the witnesses against him; to have process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense

Right to Counsel (definition)

• The right to have legal representation during criminal proceedings, ensuring that the accused can defend themselves effectively.

• Right to “counsel” in all “critical stages” of criminal prosecution after judicial proceedings have begun

Right to Speedy Trial

The constitutional right ensuring that a defendant is tried for criminal charges within a reasonable time frame, preventing undue delays in the justice process.

-Begins once defendant is charged with a crime

Right to a Jury Trial

The constitutional guarantee that a defendant in a criminal case has the right to be tried by a jury of their peers, ensuring fairness and impartiality in legal proceedings.

-Applies to serious offenses involving imprisonment of 6 months or more 

Right to Confront Witnesses

The constitutional guarantee that a defendant has the right to confront and cross-examine witnesses testifying against them in a criminal trial, ensuring a fair defense.

-A defendant has the right to confront and adverse witnesses

4 rights/clauses that summarize the 6th amendment:

1. Right to Counsel

2. Right to Speedy Trial

3. Right to Jury Trial

4. Right to Confront Witnesses

Right to Counsel (process/rules)

-This right is offense-specific, and the police can question a defendant about a separate offense without the presence of an attorney

-The defendant has the right to have their attorney present at any post-charge line-up

-Once the defendant is indicted or charged, the government cannot place an undisclosed, paid informant in defendant’s cell to deliberately obtain statements regarding the crime he is charged with

Effective Assistance of Counsel

• Defendants have the right in criminal trials

• An attorney is obligated to raise all non-frivolous claims supported by a good faith argument

• Attorneys must follow client’s instructions that substantially affect the outcome of a case but the attorney determines legal strategy

Ineffective assistance of counsel would be if:

1. The attorney’s performance fell below the standard of care of a reasonably competent defense attorney; AND

2. Trial would have ended differently but for the attorney’s incompetency

Pro se

You have the right to represent yourself in court if you want 

****NEVER DO THIS

Right to a Speedy Trial (proccess/rules)

• Length of delay for beginning trial

• Whether or not the defendant asserts this right 

• Whether or not any prejudice against the defendant exists by the court or jury 

• Applies once the defendant is charged 

• ****Totality of the Circumstances Standard- the right is violated by looking at all the facts 

Right to a Jury Trial (process/rules)

• Defendant has a right to a jury of at least six people

• Jury of Peers- jurors must be from a representative cross-section of the community

• Violation- a clear under representation of a distinct and numerically significant group exists

• ***Applies to a serious offenses involving imprisonment of 6 months or more

“Guilt Pleas” (Right to a Jury Trial)

Defendants can plead guilty to charges, waiving their right to a jury trial, often to receive a lesser sentence or avoid trial.

-Must be voluntary and intelligent

• A judge must inform

• A defendant personally of the nature of the charge to which the plea is offered

• The critical elements of the offenses

• The defendant has the right to plead not guilty

• A judge may decide not to accept a guilty plea

Right to Confront Witnesses (processes/rules)

• A defendant has the right to confront witnesses testifying against them in court

• However, the right is not absolute:

• 1. If important public purpose exists

• 2. If a defendant is disruptive and removed from the courtroom

8th Amendment

• States that the accused is entitled to bail for a non-capital offense

• Prohibits against cruel and unusual punishment

• Requires all punishments to be proportional to the offense

Death Penalty (under 8th amend.)

• A judge must instruct the jury and the jury must consider mitigating facts

• A trial court can reduce a death penalty to life without parole, BUT it cannot increase a life sentence to death

• Minors and mentally incompetent cannot receive death penalty

What does the death penalty generally apply to?

-CAPITAL OFFENSES

• Murder

• Robbery/ felony resulting in a death (felony murder)

• Treason, espionage, and terrorism

Misidentification

A legal issue that arises when a witness incorrectly identifies a suspect in a criminal case, often leading to wrongful convictions.

-Prohibits unnecessarily suggestive identification processes and a substantial likelihood of misidentification exists 

Voluntariness

Refers to the requirement that a defendant's confession or statement must be made freely and voluntarily, without coercion or undue influence. It ensures that the rights of the individual are upheld during interrogation and legal proceedings.

-A confession must be voluntary under the totality of the circumstances

Due Process

A constitutional principle that guarantees fair treatment through the normal judicial system, especially as a citizen's entitlement.

-The burden of proof is on the prosecution to prove guilt beyond a reasonable doubt and the defendant has the right to a fair trial and legal representation.

-Some states require defendants to raise defenses regardless

14th amendment summary

-Misidentification

-Voluntariness

-Due process