Ch1. Overview of US Criminal Procedure — Purposes, Principles, and Structure

Purposes of Criminal Procedure

Core Purposes:
① Accurate factfinding: convict the guilty,
   acquit the innocent.
② Protection of constitutional rights: due process,
   equal protection, individual liberty.
③ Speedy resolution: Sixth Amendment right to a
   speedy trial; Speedy Trial Act (18 U.S.C. § 3161).

Dual Mandate (inherent tension):
Effective law enforcement: investigate and prosecute
  crime to protect the public.
Protection of the accused: prevent wrongful conviction
  and safeguard constitutional rights.

Criminal vs. Civil Procedure:
Criminal: government (federal/state) vs. defendant;
  determines guilt/innocence.
Civil: private party vs. private party; determines
  rights and remedies.
Criminal: prosecution initiated by the government.
Civil: suit filed by the plaintiff.
Burden: criminal = beyond reasonable doubt;
  civil = preponderance of the evidence.

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Constitutional Framework

Fourth Amendment:
Protects against unreasonable searches and seizures.
Warrant requirement: probable cause + particularity.
Exclusionary rule enforces the 4th Amendment.

Fifth Amendment:
Grand jury indictment for serious federal crimes.
No double jeopardy (second prosecution for same
  offense after acquittal or conviction).
No compelled self-incrimination (right to silence).
No deprivation of liberty without due process of law.

Sixth Amendment:
Speedy and public trial.
Impartial jury.
Notice of charges.
Confrontation of witnesses.
Compulsory process.
Assistance of counsel.

Fourteenth Amendment:
Due process and equal protection applied to states.
Selective incorporation: most Bill of Rights
  guarantees apply to states through the 14th Amendment.

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The Adversarial System

Adversarial Model (US system):
Prosecution vs. defense; judge as neutral arbiter.
Each party presents its best case; truth emerges
  through conflict.
Parties control evidence presentation.

Inquisitorial Elements (limited):
Federal judges may call witnesses (FRE 614).
Grand jury: judge-supervised but prosecutor-driven.
Sentencing: judge exercises independent fact-finding.

Participants:
Court: neutral factfinder (judge or jury).
Prosecutor: represents the government; duty to seek
  justice, not merely to convict.
Defendant: presumed innocent; has right to remain
  silent and to counsel.
Defense counsel: zealous advocate for the client.
Grand jury: screens federal felony charges.

Three-Tier Federal Court Structure:
District Courts (trial) → Circuit Courts of Appeals
  → Supreme Court of the United States.
State courts: most criminal cases tried here;
  federal constitutional issues may be appealed to SCOTUS.

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Key Concept Cards

Presumption of Innocence ★★★★★ : Defendant is presumed innocent until proven guilty beyond a reasonable doubt by the prosecution. The burden never shifts to the defendant. Memory tip: Government always bears the burden; defendant need not prove anything.

In Dubio Pro Reo ★★★★★ : When the evidence is in equipoise or raises a reasonable doubt, the verdict must be for the defendant. Reasonable doubt is not a mere possible doubt. Memory tip: Doubt → acquittal.

Exclusionary Rule ★★★★☆ : Evidence obtained in violation of the Constitution is excluded from trial. Applies to 4th, 5th, and 6th Amendment violations (Mapp v. Ohio; Miranda; Massiah). Memory tip: Unconstitutional means = excluded evidence.

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Practice Quiz

Q. When the goals of accurate factfinding and constitutional protection conflict, how do courts resolve the tension?

US courts generally prioritize constitutional compliance over unrestricted factfinding. The exclusionary rule is the clearest expression: even probative and reliable evidence is suppressed if obtained unconstitutionally. The rationale is systemic — allowing government to benefit from its own lawbreaking erodes the rule of law. Courts have developed exceptions (good faith, inevitable discovery) to limit the rule’s impact when the deterrence benefit is marginal, but the baseline principle is that constitutional procedure constrains the search for truth.

Q. What principles distinguish criminal procedure from civil procedure?

Key distinctions: (1) Parties — the government is always the plaintiff in criminal cases; (2) Burden of proof — beyond a reasonable doubt (criminal) vs. preponderance of the evidence (civil); (3) Rights — the 5th and 6th Amendment protections (silence, counsel, jury) apply in criminal cases; (4) Disposition — criminal cases result in punishment (imprisonment, fines, death); civil cases result in money damages or injunctive relief; (5) Double jeopardy — bars re-prosecution after acquittal; no analogue in civil law.