Criminal Procedure Arrest Arrest “First appearance” “First appearance” –Determine probable cause –Appoint lawyer –Set bail Preliminary hearing/information Preliminary hearing/information Grand jury/indictment Grand jury/indictment Arraignment Arraignment Pre-trial motions Pre-trial motions Plea bargaining Plea bargaining

Constitutional requirements: overview Application to federal government and states Application to federal government and states Search and seizure Search and seizure Confessions Confessions The Exclusionary Rule The Exclusionary Rule Rights of criminal defendants at trial Rights of criminal defendants at trial Appeal and Habeas Corpus Appeal and Habeas Corpus

The law of search and seizure What is a “search”? What is a “search”? When is it “unreasonable”? When is it “unreasonable”? –The warrant requirement –Searches without a warrant  With probable cause  Without probable cause Unreasonable “seizures” Unreasonable “seizures” –Arrests –“Terry” stops

Confessions The voluntariness requirement The voluntariness requirement Miranda warnings Miranda warnings –Right to remain silent –Right to counsel Waiver of Miranda rights Waiver of Miranda rights –Must be knowing and voluntary

The Exclusionary Rule Evidence obtained in violation of constitutional rights is excluded at trial Evidence obtained in violation of constitutional rights is excluded at trial Justifications: Justifications: –Deter police from violating constitution –Preserve integrity of judicial system Good faith exception Good faith exception Impeachment exception Impeachment exception

Defendant’s rights at trial Speedy trial Speedy trial Public trial Public trial Trial by jury Trial by jury Impartial jury Impartial jury Right not to testify Right not to testify Right to confront accusers Right to confront accusers Right to counsel (at state expense) Right to counsel (at state expense) Proof beyond a reasonable doubt Proof beyond a reasonable doubt No double jeopardy No double jeopardy Right to appeal Right to appeal Right to writ of habeas corpus Right to writ of habeas corpus