Criminal Procedure

Arrests in Criminal Cases An arrest is one of the most significant exercises of government power in a criminal case. Unlike a brief investigative detention, an arrest places a person under a substantially greater restraint of liberty and ordinarily marks the transition from preliminary investigation to formal custodial control. In Read more

Police Stops and Investigative Detentions Police officers routinely approach people, ask questions, investigate suspicious circumstances, and temporarily restrict a person’s freedom of movement. Criminal procedure must therefore distinguish between an ordinary police encounter and a constitutionally significant investigative detention. A police officer may generally approach a person in a public Read more

Probable Cause Probable cause is one of the central standards of U.S. criminal procedure. It determines when the government has sufficient factual justification to take certain significant actions against a person or property, including making an arrest, conducting certain searches, or obtaining a warrant. Probable cause occupies an important position Read more

Reasonable Suspicion Reasonable suspicion is one of the most important standards in U.S. criminal procedure. It determines when law enforcement may take certain limited investigative actions even though the officer does not yet have enough evidence to establish probable cause. Most importantly, reasonable suspicion can justify a brief investigative detention, Read more

The Roles of the Judge, Prosecutor, Defense, and Defendant A criminal case involves several principal participants, each with a distinct legal role. The judge presides over the judicial proceedings and serves as a neutral decision-maker. The prosecutor represents the government and seeks to establish that the defendant committed the charged Read more

Criminal Procedure vs. Criminal Law Criminal law and criminal procedure are closely connected, but they are not the same branch of law. Criminal law establishes what conduct constitutes a crime, identifies the elements the prosecution must establish, recognizes applicable defenses, and determines the punishments that may follow a criminal conviction. Read more

The Criminal Process: From Investigation to Appeal A criminal case does not begin with a trial. Long before a defendant stands before a judge or jury, law enforcement may have begun investigating suspected criminal activity. Evidence may be collected, witnesses interviewed, searches conducted, and suspects identified. Prosecutors may then evaluate Read more

What Is Criminal Procedure? Criminal procedure is the body of law that governs how the government investigates, charges, prosecutes, and adjudicates alleged criminal conduct. It establishes the legal rules that apply from the earliest stages of a criminal investigation through arrest, charging, pretrial proceedings, trial, sentencing, and, in appropriate cases, Read more

Types of Objections in Court Proceedings Introduction Objections are among the most important procedural mechanisms in courtroom litigation. They serve as immediate legal challenges raised by attorneys during judicial proceedings to contest improper questions, inadmissible evidence, inappropriate conduct, or procedural irregularities. Far from being mere interruptions or theatrical devices dramatized Read more