Police Interviews, Legal Advice, and the Right to Silence in England and Wales Introduction A police interview is one of the most consequential stages of a criminal investigation. Before a charge is brought, an interview may determine which investigative leads are pursued, whether an explanation is accepted or challenged, whether Read more
Police Powers of Stop and Search, Arrest, and Detention Under PACE Introduction Police powers are essential to the investigation and prevention of crime, but they also involve significant interference with individual liberty, privacy, and personal autonomy. A police officer may stop a person in the street, search their clothing or Read more
The Criminal Justice Process: From Investigation and Arrest to Trial and Appeal Introduction Criminal procedure determines how the state investigates suspected offences, decides whether to prosecute, brings defendants before the courts, presents evidence, and establishes criminal responsibility. It governs not only the practical progression of a criminal case but also Read more
Wrongful Convictions and Post-Conviction Review A criminal conviction is ordinarily treated as a final judgment. But finality does not mean infallibility. Courts can convict people who are factually innocent, and even a person who committed the underlying offense may have been convicted through a process that violated fundamental constitutional or Read more
Habeas Corpus Habeas corpus is one of the oldest legal mechanisms for challenging unlawful detention. In the United States, it has become a central part of post-conviction procedure, particularly when a person argues that imprisonment or other custody violates the Constitution, federal law, or certain federal treaties. The basic idea Read more
Appeals in Criminal Cases A criminal conviction does not necessarily mark the end of a criminal case. After judgment is entered, a defendant may have the right to ask a higher court to review the proceedings for legal error. This process is known as a criminal appeal. An appeal is Read more
Post-Trial Motions in Criminal Cases A criminal trial does not necessarily end when the jury returns a verdict or the judge announces a finding of guilt. After a conviction, the defendant may have an opportunity to ask the trial court to reconsider the result, set aside the verdict, order a Read more
Sentencing Procedure in Criminal Cases Sentencing is the stage of a criminal case at which the court determines the legal consequences of a defendant’s conviction. It follows a guilty plea or a finding of guilt at trial and transforms the adjudication of criminal responsibility into a formal judgment imposing punishment Read more
Double Jeopardy Introduction The Double Jeopardy Clause is one of the fundamental protections in American criminal procedure. It is contained in the Fifth Amendment to the United States Constitution, which provides that no person shall “be twice put in jeopardy” for the same offense. The principle is deceptively simple. The Read more
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