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.
Initial Crime Scene: Multiple gunshot wounds found on Franklin Johnson.
Witness Accounts: Description of two gunmen observed during shooting.
Vehicle Recovery: Stolen burgundy van linked to crime found burned.
Suspect Identification: Allen Butler and Steven Lewis identified through cell phone records and witness interviews.
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.