Criminal Law & Procedure – Lecture 3 (of 4) (Part2): Criminal Procedure: 5th and 6th Amendments, Pretrial, and Trial Procedures

Lecture 3 of Criminal Law & Procedure focuses on constitutional safeguards in criminal cases, specifically the Fifth and Sixth Amendments, as well as pretrial and trial procedures.

The Fifth Amendment protects against self-incrimination, regulates confessions, and prohibits double jeopardy. Key aspects include:

Miranda warnings must be given to suspects in custody before interrogation, informing them of their right to remain silent, right to an attorney, and that anything said can be used against them. These warnings apply only to custodial interrogations, where a reasonable person would not feel free to leave.

Voluntary confessions are admissible, but those obtained through coercion or psychological manipulation are not.

The privilege against self-incrimination protects individuals from being compelled to testify against themselves. This right does not extend to physical evidence.

Double jeopardy prohibits multiple prosecutions or punishments for the same offense. However, there are exceptions, such as separate sovereignties, mistrials, and civil proceedings.

The Sixth Amendment guarantees the right to counsel, a speedy trial, jury trials, and confrontation of witnesses.

The right to counsel applies at all critical stages of prosecution, including arraignments, plea negotiations, trial, and sentencing6. This right was extended to indigent defendants in state courts by Gideon vs Wainwright.

The right to a speedy trial prevents indefinite delays and is balanced against factors that could justify delays.

Defendants have the right to an impartial jury, and racial discrimination in jury selection is prohibited by Batson vs Kentucky. Jury verdicts in criminal cases must be unanimous, per Ramos vs Louisiana.

The Confrontation Clause ensures that defendants can cross-examine witnesses testifying against them.

Pretrial and trial procedures covered include:

Grand Juries determine probable cause for bringing formal charges in federal cases.

Bail is set based on factors such as flight risk and danger to the public. The Eighth Amendment prohibits excessive bail.

Plea bargains resolve most criminal cases. These agreements must be knowing, voluntary, and intelligent.

Discovery requires the prosecution to disclose exculpatory evidence to the defense.

The burden of proof at trial is on the prosecution to prove guilt beyond a reasonable doubt.

Sentencing is determined by judges based on guidelines.

Post-conviction relief may be sought through appeals and habeas corpus petitions.