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Criminal Procedure • Introduction
CRIMPRO#000
Legal Definition
Criminal Procedure tests on the procedure that the government must follow when handling criminal matters. Generally speaking, Criminal Procedure revolves around a few specific amendments to the Constitution:
(1) The 4th Amendment deals with any and all issues surrounding searches, seizures, stops, and arrests. In other words, you'll want to consider a 4th Amendment analysis when you see the government either intruding on someone's privacy, or their right to move freely.
(2) The due process clauses of the 5th and 14th Amendments generally deal with the right to have an attorney when being interrogated by police or government agents.
(3) The 6th Amendment also deals with the right to have an attorney, in addition to the confrontation clause, which applies to things like police lineups, parts of a prosecution, and when and whether you may use a co-conspirator's confession.
(4) The 8th Amendment deals with the right to bail.
Note that commonly, on essays, the question will hint at which Amendment you should talk about. For example, it may asking you whether it was proper for the court to admit a certain piece of evidence like a gun (triggering the 4th Amendment) or a confession (triggering the 5th and 14th Amendments, or the 6th Amendment).
(1) The 4th Amendment deals with any and all issues surrounding searches, seizures, stops, and arrests. In other words, you'll want to consider a 4th Amendment analysis when you see the government either intruding on someone's privacy, or their right to move freely.
(2) The due process clauses of the 5th and 14th Amendments generally deal with the right to have an attorney when being interrogated by police or government agents.
(3) The 6th Amendment also deals with the right to have an attorney, in addition to the confrontation clause, which applies to things like police lineups, parts of a prosecution, and when and whether you may use a co-conspirator's confession.
(4) The 8th Amendment deals with the right to bail.
Note that commonly, on essays, the question will hint at which Amendment you should talk about. For example, it may asking you whether it was proper for the court to admit a certain piece of evidence like a gun (triggering the 4th Amendment) or a confession (triggering the 5th and 14th Amendments, or the 6th Amendment).
