Criminal Procedure

Acquittal and Conviction Introduction Acquittal and conviction are two of the most important outcomes in a criminal case. They represent fundamentally different conclusions about whether the government has established the defendant’s criminal liability under the applicable law. An acquittal generally means that the defendant has been found not guilty of Read more

Criminal Jury Deliberations and Verdicts Introduction Criminal jury deliberations are the stage at which the evidence presented during trial is transformed into a formal decision about the defendant’s guilt or innocence. After the prosecution and defense have presented their cases, the lawyers have delivered their closing arguments, and the judge Read more

The Prosecution’s Case and the Defense Case A criminal trial is structured around two fundamentally different courtroom presentations: the prosecution’s case and the defense case. Although both sides may call witnesses, introduce documents, present physical evidence, cross-examine witnesses, and make legal arguments, they do not begin from the same legal Read more

Challenges for Cause and Peremptory Challenges Jury selection is one of the most consequential stages of a criminal trial. Before a jury can hear evidence or deliberate about guilt, the court must determine which prospective jurors are qualified to serve. The process is designed to produce a jury capable of Read more

The Criminal Trial Process A criminal trial is the formal courtroom proceeding in which the government attempts to prove that a defendant committed the charged offense and the defendant has the opportunity to contest that accusation. Although criminal cases may involve extensive investigation, charging decisions, discovery, pretrial motions, plea negotiations, Read more

Prosecutorial Disclosure Obligations The prosecution’s obligation to disclose information to the defense is one of the central safeguards of a fair criminal proceeding. A criminal prosecution is not supposed to operate as a contest in which the government may conceal information that could materially affect the defendant’s ability to defend Read more

Motions to Dismiss Criminal Charges A motion to dismiss criminal charges is a request asking a criminal court to terminate some or all of the charges against a defendant before the case proceeds to trial, or in some circumstances at a later stage of the prosecution. The grounds for dismissal Read more

Motions to Suppress Statements A motion to suppress statements is a pretrial request asking a criminal court to prevent the prosecution from introducing a defendant’s statements, admissions, or confessions into evidence. Such a motion may challenge a statement on constitutional, statutory, or other legally recognized grounds. In federal criminal proceedings, Read more

Motions to Suppress Evidence A motion to suppress evidence is a pretrial request asking a criminal court to prevent particular evidence from being introduced at trial because the evidence was obtained in violation of the Constitution, a statute, or another legal rule that authorizes exclusion. Suppression is one of the Read more