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Introduction to Criminal Procedure

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Presentation on theme: "Introduction to Criminal Procedure"— Presentation transcript:

1 Introduction to Criminal Procedure
Chapter 1 Introduction to Criminal Procedure

2 Introduction Practical usefulness Professional usefulness
Understanding of the U.S. Constitution Insight into judicial decisions Comprehension of public policy Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

3 Criminal Law and Procedure
Substantive vs. procedural criminal law Proof beyond a reasonable doubt Criminal procedure regulates authority of police and other actors in the system civil rights Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

4 Balancing Security and Rights
Fair procedures will result in accurate results Balance between due process and crime control Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

5 Objectives of Criminal Procedure
Accuracy Efficiency Respect Fairness Equality Adversarial Participation Appeals Justice Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

6 The Criminal Justice Process
Discretion Criminal investigation Arrest Postarrest Postarrest investigation Criminal charge Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

7 The Criminal Justice Process (cont.)
Pretrial Pretrial motions Trial Sentencing Appeal Postconviction Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

8 Sources of Procedure U.S. Constitution Judicial decisions
State constitutions Common law Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

9 Sources of Procedure (cont.)
Legislative statutes Court rules Agency regulations Model codes Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

10 Structure of the Court Systems
Parallel judicial system Concurrent jurisdiction Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

11 Federal Judicial System
District courts Circuit courts En banc rehearings U.S. Supreme Court Court opinions Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

12 State Courts Courts of original jurisdiction
Intermediate appellate courts State supreme courts State court judge selection processes Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

13 Precedent Varying degrees of authority to apply precedent
First impression Persuasive authority Binding authority Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

14 Judicial Philosophy Shifts in ideology
Courts named after the Chief Justice Judicial activism/restraint Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

15 Areas of Judicial Focus
Federalism Precedent Bright-line rules Police power State of mind Interpretation Separation of powers Consensus Psychology Lippman, Criminal Procedure 3e © 2016 SAGE Publications, Inc.

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