Criminal Procedure, 3e
Matthew Lippman
Lecture Outline
Chapter 1: An Introduction to Criminal Procedure
- Introduction
- Reasons to study criminal procedure:
- Practical usefulness
- Professional usefulness
- Understanding of Constitution
- Insight into judicial decisions
- Comprehension of public policy
- Criminal Law and Criminal Procedure
- Substantive vs. procedural criminal law
- Criminal procedure
- Addresses investigation, detention, and prosecution
- Regulates authority of police and other actors in the system
- Civil rights
- Balancing Security and Rights
- Fair procedures will result in accurate results
- Balance between due process and crime control
- The Objectives of Criminal Procedure
- Accuracy
- Efficiency
- Respect
- Fairness
- Equality
- Adversarial
- Participation
- Appeals
- Justice
- The Criminal Justice Process
- Discretion
- Criminal investigation
- Determine whether a crime has been committed
- Identify who committed the crime
- Arrest
- Probable cause
- With or without a warrant
- Postarrest
- Postarrest investigation
- Criminal charge
- First appearance before a magistrate
- Defendant informed of charges
- Gerstein hearing
- Pretrial
- Probable cause hearing
- Filing of information
- Indictment
- Pretrial motions
- Trial
- Sentencing
- Appeal
- Postconviction
- Habeas corpus
- The Sources of the Law of Criminal Procedure
- U.S. Constitution
- The supreme law of the land
- The central source of criminal procedure
- Judicial decisions
- Courts must interpret and explain the U.S. Constitution
- U.S. Supreme Court has final word
- Must look to lower courts for many questions
- State constitutions
- Contain provisions addressing criminal procedure that are similar to the provisions of the U.S. Constitution
- Are able to provide greater protections than are required by the U.S. Supreme Court
- Common law
- English (British)
- Formed the basis of American law and justice
- Legislative statutes
- U.S. Congress and the fifty state legislatures
- Laws that regulate various aspects of criminal procedure
- Court rules
- Detailed procedures for the federal criminal justice process
- Incorporate the judgments of the U.S. Supreme Court
- Agency regulations
- Internal regulations of law enforcement agencies
- Usually are based on the requirements of the U.S. Constitution
- Model codes
- Model Code of Pre-Arraignment Procedure
- Help set standards for street encounters between the police and citizens prior to a formal arrest
- The Structure of the Federal and State Court Systems
- Parallel judicial systems
- Federal
- State
- Concurrent jurisdiction
- The Federal Judicial System
- District courts
- Circuit courts
- En banc hearings
- U.S. Supreme Court
a)Precedent
b)Stare decisis
c)Original jurisdiction
d)Writ of certiorari
e)Rule of four
f)Brief
g)Appellant / appellee
h)Collateral attack
(1)Petitioner
(2)Respondent
- Supreme Court opinions
a)Majority
b)Concurring
c)Plurality
d)Dissenting
e)Per curiam
- Specialized courts
- State Courts
- Courts of original jurisdiction
a)Courts of limited jurisdiction
b)Courts of general jurisdiction
c)Bench trial
d)Trial de novo
- Intermediate appellate courts
- State supreme courts
a)Discretionary appeal
- State court judge selection process
- Precedent
- Varying degrees of authority to apply precedent
- First impression
- Persuasive authority
- Binding authority
- Judicial Philosophy
- Shifts in ideology
- Courts named after the Chief Justice
- Areas of focus:
- Federalism
- Precedent
- Bright-line rules
- Police power
- State of mind
- Interpretation
- Separation of powers
- Consensus
- Psychology
X. Law in Action and Law on the Books