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.