Criminal Procedure Issue Spotting Timeline

1. Warrant
2. Warrantless Search
3. Stop, Frisk, Arrest

1. 14th Amendment Due Process
   1. Voluntary Statement
2. 5th Amendment-No Compelled Self Incrimination
   1. Right to Counsel
   2. Exclusionary Rule-Fruit
   3. Miranda

1. 6th Am Right to Counsel Triggered
2. Speedy Trial
3. Equal Protection-Trial Rts

   Annotations:

   • -Right to Counsel at all critical stages -Experts and Investigators -Free trial transcripts
4. Right to Bail

   Annotations:

   • Exception: Bail withheld in capital offense

1. Fair Trial -Due Process
2. Confrontation Clause
3. Jury Trial
4. Burdens
5. 5th Am-Incrimination Taking Stand

1. 8th Am Cruel-Unusual Punishment

1. Habeas Corpus

1. RTC but no Cross Exam Rt
2. Due Process Limits
3. Cruel Unusual Punishment 8th Am
4. Double Jeopardy
   1. Blockburger Test (facts)

      Annotations:

      • If either crime is a lesser included offense of he other then it is the same offense.

Annotations:

• 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.