Introduction to Crim Procedure(1)

Chapter 1: Introduction to Criminal Procedure

  • Prof. Kevin Flynn, GWU Sociology, SOC 2143, Spring 2025

Definition of Criminal Procedure

  • Composed of rules regulating inquiry into criminal law violations.

  • Focus on balance and fairness.

Types of Law

Substantive Law

  • Laws prohibiting certain behaviors.

  • Example: Murder as defined by 18 U.S. Code § 1111.

Procedural Law

  • Establishes fair rules for legal proceedings.

  • Example: Federal Criminal Rule 16 regarding disclosure of a defendant’s oral statements.

Analogy to Plagiarism

  • Substantive: Don't Plagiarize

  • Procedural: You Have Rights

Sources of Procedural Law

  • U.S. Constitution

  • State Constitutions

  • Legislatures (Congress and state legislatures)

  • Law enforcement agencies

  • U.S. Supreme Court: supervisory authority

Investigative Aspects

Investigatory Phase

  • Search and Seizure: Police search persons and property.

  • Search Warrant: Requires probable cause to conduct searches.

    • Probable Cause: Reasonable basis to believe a crime occurred and evidence is present.

Case Study: U.S. v. Steven Lewis (2010-2012)

  • Incident Overview: Shooting incident leading to investigation.

  1. Initial Crime Scene: Multiple gunshot wounds found on Franklin Johnson.

  2. Witness Accounts: Description of two gunmen observed during shooting.

  3. Vehicle Recovery: Stolen burgundy van linked to crime found burned.

  4. Suspect Identification: Allen Butler and Steven Lewis identified through cell phone records and witness interviews.

  5. Arrest Details: Evidence gathered led to arrest of Butler for involvement in the murder.

Adjudicatory Process

  • Begins when the government decides to prosecute.

  • Involves roles of prosecutors, defense attorneys, and judges.

Important Stages After Arrest

Gerstein Hearing

  • Prompt determination by a judge of probable cause after warrantless arrest (Gerstein v. Pugh).

Preliminary Hearing

  • Testimony required to establish probable cause, without relying solely on written statements.

Pre-Trial Motions

  • Mainly filed by defendants, seeking to exclude evidence based on constitutional grounds.

Trial

  • Rights of defendants: representation, witnesses, and against self-incrimination.

Sentencing Phase

  • Occurs post-trial, often influenced by presentence investigation and victim impact statements.

Appeals

  • Rights to appeal are determined by the defendant based on issues presented at trial.