Chapter Fifteen
Criminal Procedure Before Trial
Criminal Procedure
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Criminal Procedure is a branch of
constitutional law.
Criminal procedure is
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the process of facilitating criminal
prosecutions and
the process of protecting the rights of
criminal suspects and defendants
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The Constitution
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4th Amendment: prohibits unreasonable
searches and seizures
5th Amendment: contains the due process
clause and the privilege against selfincrimination
6th Amendment: guarantees the right to
counsel and other rights regarding trial
8th Amendment: prohibits cruel and
unusual punishment
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Probable Cause
Before a warrant may be issued under the
4th Amendment, probable cause must be
established.
Probable cause consists of known facts
which allow a “reasonably prudent”
person to infer certain conclusions.
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Warrant Requirement
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Law enforcement officers should search and
seize under the authority of a search
warrant.
A warrant is a written order of a court
allowing law enforcement officers to search a
certain place, or search or arrest a certain
person.
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Exceptions to the
Warrant Requirement
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person is in the process of committing a
misdemeanor
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exigent circumstances
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hot pursuit
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plain-view doctrine
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The Exclusionary Rule
This rule excludes evidence when it has
been acquired in violation of
constitutional protections.
Evidence that is obtained illegally
cannot be used at trial. This means the
jury will never see it!
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Arrest
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An arrest is the physical seizure of a
person by the government.
This seizure of the individual is serious
interference with that person’s freedom
or liberty.
The 4th Amendment limits the
government’s right to arrest.
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Interrogations & Confessions
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Interrogation is the process used by law
enforcement officers to elicit information
from a criminal suspect
A confession is a voluntary statement made
by a person charged with a crime,
acknowledging that he or she is guilty of the
charge.
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Right to Counsel
The 6th Amendment states: “In all
criminal prosecutions, the accused
shall enjoy the right … to have the
Assistance of Counsel for his
defense.”
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Pretrial Activities
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Discovery and
Investigation
Arrest
Complaint
Initial
Appearance
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Preliminary
Hearing
Formal Charges
Formal Discovery
Pretrial Motions
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