Criminal Procedure

Criminal Charges and Charging Decisions A criminal case does not begin simply because police believe that a person committed a crime. An investigation may produce evidence, an arrest may occur, and a suspect may be questioned, but a criminal prosecution ordinarily requires a formal decision to bring a charge through Read more

Waiver of Constitutional Rights in Criminal Cases Constitutional rights are among the most important protections available to a person accused of a crime. The Fourth Amendment protects against unreasonable searches and seizures. The Fifth Amendment protects against compelled self-incrimination and provides important procedural safeguards during custodial interrogation. The Sixth Amendment Read more

The Right to Compulsory Process The Sixth Amendment provides that, in all criminal prosecutions, an accused has the right to have “compulsory process for obtaining witnesses in his favor.” This protection is known as the Compulsory Process Clause. The right to compulsory process is one of the fundamental mechanisms through Read more

The Right to Confront Witnesses The Sixth Amendment provides that, in criminal prosecutions, the accused has the right “to be confronted with the witnesses against him.” This protection is commonly known as the Confrontation Clause. The right to confront witnesses is one of the central protections of American criminal procedure Read more

The Right to an Impartial Jury The Sixth Amendment guarantees a criminal defendant the right to a trial “by an impartial jury.” The requirement is fundamental to the American criminal justice system because a jury is not merely a group of citizens assembled to vote on guilt. It is the Read more

The Right to a Public Trial The Sixth Amendment guarantees that a person accused of a crime has the right to a speedy and public trial. The public-trial guarantee is one of the structural protections built into American criminal procedure. It requires criminal adjudication to take place openly rather than Read more

The Right to a Speedy Trial The Sixth Amendment guarantees that, in a criminal prosecution, the accused has the right to a speedy and public trial. The guarantee reflects a fundamental principle of criminal procedure: the government should not be permitted to leave a person under the burden of criminal Read more

The Sixth Amendment Right to Counsel The Sixth Amendment to the United States Constitution guarantees an accused person the right to have the assistance of counsel for the defense in a criminal prosecution. This right is one of the central protections of the American criminal justice system because criminal proceedings Read more

The Fifth Amendment Privilege Against Self-Incrimination The Fifth Amendment privilege against self-incrimination is one of the central protections of the American constitutional system of criminal justice. It protects individuals from being compelled by the government to provide testimonial evidence that could incriminate them in a criminal case. The privilege is Read more