Criminal Law & Procedure – Lecture 3 (of 4): Criminal Procedure: 5th and 6th Amendments, Pretrial, and Trial Procedures

Summary of Criminal Procedure – Lecture 3 Introduction Lecture 3 focuses on constitutional protections in criminal proceedings, covering the Fifth and Sixth Amendments and pretrial and trial procedures. Key Topics: Fifth Amendment: Protection against self-incrimination, Miranda warnings, and double jeopardy. Sixth Amendment: Right to counsel, a speedy trial, an impartial jury, and confrontation of witnesses. Pretrial & Trial Procedures: Grand juries, bail, plea bargaining, discovery, burden of proof, sentencing, and post-conviction relief. I. The Fifth Amendment Protects individuals from coerced confessions and multiple prosecutions. A. Miranda Rights & Custodial Interrogation Miranda v. Arizona (1966): Suspects must be informed of right to remain silent and counsel. Failure to provide warnings may make confessions inadmissible. Exceptions: Public safety, spontaneous statements, and routine booking questions. B. Voluntary Confessions & Self-Incrimination Confessions must be voluntary—coercion makes them inadmissible. Exclusionary rule bars evidence obtained in violation of Miranda. Privilege against self-incrimination applies only to testimonial evidence. C. Double Jeopardy Prohibits multiple prosecutions or punishments for the same offense. Exceptions: Separate sovereigns doctrine, mistrials, and appeals. II. The Sixth Amendment Guarantees fair trial rights. A. Right to Counsel Gideon v. Wainwright (1963): Indigent defendants must be provided counsel. Applies at all critical stages, including plea negotiations and sentencing. Strickland v. Washington (1984): Defendants may claim ineffective assistance of counsel. B. Speedy & Public Trial Barker v. Wingo factors: Length, reason, defendant’s assertion, and prejudice. Speedy Trial Act (1974): Federal trials must start within 70 days. C. Impartial Jury Batson v. Kentucky (1986): Prohibits racial discrimination in jury selection. Ramos v. Louisiana (2020): Criminal convictions require unanimous verdicts. D. Confrontation Clause Right to cross-examine witnesses. Bruton v. United States (1968): Co-defendant’s confession cannot be used against another defendant. Maryland v. Craig (1990): Limited exceptions for child victims. III. Pretrial & Trial Procedures Focuses on probable cause, bail, plea deals, burden of proof, and sentencing. A. Grand Juries & Bail Grand juries determine probable cause, but defendants cannot present evidence. Bail must not be excessive (8th Amendment); based on flight risk, crime severity, and public safety. B. Plea Bargains & Discovery Most cases resolve through plea deals. Brady v. Maryland (1963): Prosecution must disclose exculpatory evidence. C. Burden of Proof at Trial Prosecution must prove guilt beyond a reasonable doubt. Direct vs. Circumstantial Evidence: Direct = witnesses, videos; Circumstantial = motive, behavior. D. Sentencing & Post-Conviction Relief Mandatory minimums limit judicial discretion. Death penalty restrictions: Roper v. Simmons (2005) bars execution of juveniles. Appeals & Habeas Corpus: Review constitutional errors. Wrongful Convictions: DNA evidence & Innocence Project help exonerate the falsely accused. Conclusion Today covered constitutional protections, trial rights, and post-conviction remedies. These safeguards ensure fairness, prevent wrongful convictions, and protect due process. Tomorrow, we will examine criminal appeals and habeas corpus petitions.