Ch10. Criminal Procedure — Comprehensive Review & Final Checklist

The Full Criminal Process

Investigation Phase:
  Complaint / tip / officer observation → investigation begins
  Voluntary cooperation preferred;
    compelled process requires warrant or subpoena
  Arrest (warrant or PC) → booking → Miranda warnings
  → custodial interrogation (if any)

Charging:
  Federal felony: grand jury indictment (Fifth Amendment)
  State: information or indictment (varies)
  Statute of limitations: 5 years (most federal felonies);
    none for murder (18 U.S.C. § 3281)

Trial:
  Single indictment → voir dire → evidence → verdict
  Non-aggravation: defendant-only appeal

Critical Timelines

Arrest & Detention:
  Gerstein hearing (probable cause): within 48 hours
    of warrantless arrest (County of Riverside v.
    McLaughlin, 1991)
  Initial appearance: "without unnecessary delay"
    (Fed. R. Crim. P. 5)
  Speedy Trial Act: indictment within 30 days
    of arrest; trial within 70 days of indictment

Appeals:
  Notice of appeal (criminal): 14 days from judgment
  Guilty plea appeal: 14 days from sentencing
  Habeas (§ 2255 / § 2254): 1 year from
    conviction becoming final (AEDPA)

Statutes of Limitations:
  Murder: none
  Most federal felonies: 5 years
  Capital offenses: none
  Victim's complaint withdrawal:
    before charges file only (in complaint-required cases)

Evidence Rules Summary

Confession Rules:
  Involuntary confession → inadmissible
    (Due Process Clause; Bram v. United States)
  Miranda: required before custodial interrogation
    (Miranda v. Arizona, 1966)
  Corroboration rule: confession alone ≠ conviction

Hearsay (FRE 801-807):
  Out-of-court statement for truth → hearsay
    → generally excluded
  Key exceptions: excited utterance (803(2)),
    dying declaration (804(b)(2)),
    business records (803(6)),
    admission by party opponent (801(d)(2))

Exclusionary Rule:
  Fourth Amendment violation → suppress evidence
  Fruit of Poisonous Tree → suppress derivatives
  Exceptions: good faith (Leon), inevitable
    discovery, independent source, attenuation

Core Constitutional Principles

Presumption of Innocence:
  Defendant presumed innocent until conviction
  Government bears burden of proof —
    beyond a reasonable doubt (In re Winship)

In Dubio Pro Reo:
  All reasonable doubt resolved in defendant's favor

Non-Aggravation: defendant-only appeal →
  no increased sentence on remand

Double Jeopardy (Fifth Amendment):
  Acquittal after jeopardy attaches → no retrial
  Same offense cannot be tried twice

Trial-Centered Adjudication:
  Confrontation Clause — live testimony, cross-exam
  Single indictment rule — no prejudicial surplusage

Jury Trial:
  Verdicts are advisory ONLY in federal sentencing
    (Booker); jury verdict of guilt is binding
  No defendant-requested advisory system in US —
    jury acquittal is absolute

Juvenile:
  Transfer hearing required before adult prosecution
  Rehabilitation focus; records sealed

Criminal Process = Investigate → Charge → Try → Sentence → Appeal ★★★★★ : Know the full sequence and which constitutional rights attach at each stage. Memory hook: Investigate-Charge-Try-Sentence-Appeal

14 Days = Criminal Appeal Deadline ★★★★★ : All criminal appeal notices must be filed within 14 days of the judgment or sentencing order. Memory hook: criminal appeal = 14-day clock

Presumption of Innocence + Corroboration + Exclusionary Rule ★★★★★ : The three foundational evidence principles of American criminal procedure. Memory hook: presume innocent → need corroboration → exclude illegal evidence

Practice Questions

Q. Describe the three most fundamental principles of American criminal procedure.

① Presumption of Innocence: the defendant is innocent until proven guilty beyond a reasonable doubt. The government bears the entire burden of proof (In re Winship). ② Due Process / Exclusionary Rule: evidence obtained in violation of the Constitution is inadmissible; derivative evidence is also excluded (fruit of the poisonous tree). This deters police misconduct. ③ Confrontation / Trial-Centered Adjudication: the Sixth Amendment’s Confrontation Clause guarantees the right to cross-examine witnesses in open court; guilt is determined by live evidence, not investigative files (Crawford v. Washington). When principles conflict, constitutional protection of the defendant takes priority.

Q. List the full catalog of rights available to a criminal defendant at each stage.

Investigation: Miranda right to silence; right to counsel at custodial interrogation; Fourth Amendment protection against unreasonable searches. Pretrial detention: bail hearing; preliminary hearing (PC determination); right to counsel at all critical stages (Sixth Amendment, post-charge). Trial: right to jury trial (serious offenses); Confrontation Clause; right to compulsory process (subpoena witnesses); right to present a defense; right to testify or remain silent (Fifth Amendment). Post-verdict: right to direct appeal; right to counsel on first appeal; habeas corpus; executive clemency. Throughout: presumption of innocence, corroboration rule, exclusion of illegally obtained evidence.