Criminal Procedure Issue Spotting Timeline

Criminal Procedure Issue Spotting Timeline

1. Search & Seizure

   • Warrant
   • Warrantless Search
   • Stop, Frisk, Arrest

2. Statements

   • 14th Amendment Due Process
     • Voluntary Statement
   • 5th Amendment-No Compelled Self Incrimination
     • Right to Counsel
     • Exclusionary Rule-Fruit
     • Miranda

3. Notice & Formal Charges...

   • 6th Am Right to Counsel Triggered
   • Speedy Trial
   • Equal Protection-Trial Rts
     • -Right to Counsel at all critical stages -Experts and Investigators -Free trial transcripts
   • Right to Bail
     • Exception: Bail withheld in capital offense

4. Trial

   • Fair Trial -Due Process
   • Confrontation Clause
   • Jury Trial
   • Burdens
   • 5th Am-Incrimination Taking Stand

5. Incarceration

   • 8th Am Cruel-Unusual Punishment

6. Appeal

   • Habeas Corpus

7. Sentencing

   • RTC but no Cross Exam Rt
   • Due Process Limits
   • Cruel Unusual Punishment 8th Am
   • Double Jeopardy
     • Blockburger Test (facts)
       • If either crime is a lesser included offense of he other then it is the same offense.

8. Governmental Conduct always needed for standing

9. Identification Procedures

   • 2 Constitutional Attacks 1. Pre-Indictment--Due Process can't be unnecessarily suggestive nor cause "Substantial Likelihood of Mis-Identification".  Remedy--No later in-court ID is allowed.  Show ups=1 person. 2. Post Indictment-Right to Have Counsel Present for in person ID.  Remedy-Absolute right to suppress testimony.  Exception: if W has reliable ID from original crime instead of line-up then no suppression.