# Criminal Procedure — 2L Recall Original study summaries. Rules vary by jurisdiction. ## Constitutional foundations ### Bill of Rights The first ten amendments protect specified rights against federal government action. Many criminal-procedure protections also constrain states through the Fourteenth Amendment. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-bill-of-rights ### Incorporation Selective incorporation applies most fundamental Bill of Rights protections to the states through Fourteenth Amendment due process. The federal grand-jury requirement has not been incorporated. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-incorporation ### Fourth Amendment Government searches and seizures must be reasonable. Warrants require probable cause, an oath or affirmation, and particularity; the protection applies to state officials through incorporation. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-fourth-amendment ### Fifth Amendment The amendment protects against compelled self-incrimination, double jeopardy, and deprivation without due process. It also contains federal grand-jury and takings protections. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-fifth-amendment ### Sixth Amendment Criminal prosecutions trigger rights including counsel, a speedy and public trial, an impartial jury, confrontation, compulsory process, and notice of charges. Different protections attach at different stages. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-sixth-amendment ### Eighth Amendment Government may not impose excessive bail or fines or cruel and unusual punishment. The amendment does not create an unconditional entitlement to release before trial. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-eighth-amendment ## Searches & warrants ### Search A government search can involve intrusion on a reasonable expectation of privacy or a physical intrusion into protected persons, houses, papers, or effects to obtain information. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-search ### Fourth Amendment Standing A defendant must show invasion of the defendant's own protected privacy or property interest. A violation of someone else's rights ordinarily cannot support that defendant's suppression claim. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-fourth-amendment-standing ### Reasonable Expectation of Privacy Ask whether the person actually expected privacy and whether society recognizes that expectation as reasonable. Property-based Fourth Amendment protection provides an additional route of analysis. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-reasonable-expectation-of-privacy ### Search Warrant A judicial authorization to search specified places or seize described things or persons. Its scope is constrained by probable cause, particularity, and the terms of the warrant. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-search-warrant ### Warrant Requirement A government search of a protected home or private area generally requires a warrant unless a recognized exception applies. Conduct outside the definition of a search needs no search warrant. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-warrant-requirement ### Warrant Requirements A neutral judicial officer must find probable cause supported by oath or affirmation. The warrant must particularly identify the place to search and persons or things to seize. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-warrant-requirements ### Neutral Magistrate The issuing official must independently assess the application rather than act as part of the investigation. Financial incentives or abandonment of the judicial role can defeat neutrality. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-neutral-magistrate ### Probable Cause The total circumstances must create a fair probability of finding evidence in the specified place or reasonable grounds to believe the person committed an offense. It is more than mere suspicion. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-probable-cause ### Particularity A warrant must limit official discretion by identifying the place and objects of the search with sufficient precision. A general authorization to rummage is constitutionally inadequate. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-particularity ### Warrant Execution Officers must execute the warrant reasonably and stay within its scope. Knock-and-announce ordinarily applies to home entry, subject to recognized exceptions; its violation does not automatically produce suppression. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-warrant-execution ### Execution Timing Officers must comply with applicable timing requirements and use authority while probable cause remains sufficiently current. A warrant is not an indefinite license to search. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-execution-timing ### Challenging a Warrant A defendant can challenge probable cause, scope, or execution. A Franks challenge requires the prescribed showing of material, intentional or reckless falsity or omission in the supporting affidavit. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-challenging-a-warrant ### Good-Faith Reliance Objectively reasonable reliance on a defective warrant can defeat suppression. The exception excludes material deliberate or reckless falsehoods, abandoned judicial neutrality, bare-bones affidavits, and facially deficient warrants. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-good-faith-reliance ### Warrant Exceptions Analyze the specific justification: consent, exigency, arrest-related search, automobile probable cause, standardized inventory, border search, or a valid special need. Each has independent limits; plain view does not authorize entry. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-warrant-exceptions ### Plain View Officers need a lawful viewing position, lawful access, and probable cause that an item is evidence or contraband. Seeing it does not independently authorize an unlawful entry or further search. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-plain-view ### Consent Search Voluntary consent from someone with actual or reasonably apparent authority can justify a search within its scope. Consent can be limited or withdrawn; coercion defeats voluntariness. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-consent-search ### Automobile Exception Probable cause permits a vehicle search for the suspected evidence, including containers capable of holding it. This exception does not itself authorize entry into a home's curtilage. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-automobile-exception ### Search Incident to Arrest A lawful custodial arrest permits a search of the person and specified immediate-control areas. For a vehicle, the arrestee must be able to reach the passenger compartment at search time, or officers must reasonably believe it holds evidence of the arrest offense. Digital phone contents generally require a warrant. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-search-incident-to-arrest ### Stop & Frisk Reasonable suspicion of crime can justify a limited stop. A separate reasonable belief that the person is armed and dangerous is required for a protective weapons frisk. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-stop-frisk ### Hot Pursuit Pursuit may create an exigency permitting entry without a warrant. Consider the offense and actual emergency; pursuit of a fleeing misdemeanant is not a categorical exception. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-hot-pursuit ### Evidence Destruction A genuine, objectively reasonable risk of imminent evidence loss can justify a limited warrantless search. Police cannot rely on an exigency created by conduct that violates the Fourth Amendment. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-evidence-destruction ### Emergency Aid Officers may enter to address an objectively reasonable urgent threat such as serious injury. The action must fit the emergency; an emergency is not unlimited investigative authority. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-emergency-aid ### Border Searches Routine searches at an international border generally need no warrant or individualized suspicion. More intrusive searches and searches away from the border raise additional requirements. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-border-searches ### Immigration Searches Immigration enforcement remains subject to constitutional limits. Roving patrol stops require reasonable suspicion; checkpoint and border doctrines do not create unrestricted inland search authority. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-immigration-searches ### Unreliable Listener A speaker ordinarily assumes the risk that a conversation partner will report or record it for police. Entrusting information to that listener generally does not preserve Fourth Amendment privacy against betrayal. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-unreliable-listener ### Uninvited Listener Government interception of a private conversation without a participant's consent can be a search. Warrant requirements and electronic-surveillance statutes may apply. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-uninvited-listener ### Pen Registers Traditional pen-register doctrine distinguishes dialed routing information from conversation content. Statutory protections and modern digital-privacy decisions require separate analysis rather than a blanket rule for all metadata. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-pen-registers ### Administrative Warrants Regulatory inspections are searches. An administrative warrant may rely on neutral inspection standards rather than ordinary individualized criminal probable cause. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-administrative-warrants ### Administrative Exceptions Limited exceptions permit some regulatory searches without a warrant. Identify the actual exception and safeguards; a regulatory purpose alone does not erase Fourth Amendment protection. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-administrative-exceptions ### School Searches Public-school officials generally need reasonable grounds and a search reasonably related in scope to the suspected violation. Intrusiveness must fit the student's age, sex, and nature of the concern. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-school-searches ### Airport Screening Reasonable administrative screening may protect aviation security without ordinary criminal probable cause. Its scope must remain connected to the security justification. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-airport-screening ### Probation Searches Probation conditions and diminished privacy can make some warrantless searches reasonable. Evaluate the condition, government interest, suspicion requirement, and applicable law. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-probation-searches ### Parole Searches Parole can reduce privacy expectations, but a valid statute or condition and overall reasonableness still matter. There is no single unlimited search rule for every parolee. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-parole-searches ### Public Employee Workspaces Work-related searches by public employers can be reasonable without a warrant. Assess the employee's actual workplace privacy and the search's justification and scope. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-public-employee-workspaces ### Contaminated Food An urgent public-health threat can justify prompt inspection or seizure under an applicable emergency or regulatory doctrine. The response must be reasonably tied to that threat. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-contaminated-food ### Closely Regulated Industries A narrow inspection exception can apply when a substantial regulatory interest, need for warrantless inspection, and adequate statutory substitute for a warrant are present. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-closely-regulated-industries ### Neutral Inspection Plans Objective inspection criteria can support administrative probable cause and limit official discretion. A neutral plan is not a general permission for suspicionless criminal investigation. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-neutral-inspection-plans ### Shocks-the-Conscience Test Exceptionally abusive government conduct can violate due process. Evaluate bodily intrusion, necessity, danger, and circumstances; ordinary search reasonableness and conscience-shocking misconduct are related but distinct inquiries. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-shocks-the-conscience-test ## Seizures & exclusion ### Seizure Property is seized through meaningful interference with possession. A person is seized by restraining physical force or a show of authority to which the person submits; force can qualify even if escape follows. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-seizure ### Forfeiture Seizures Due process requirements depend on the property and circumstances. Movable property may be seized before a hearing; real property ordinarily requires advance process absent exigency. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-forfeiture-seizures ### Forfeiture & Ownership Forfeiture can target property connected to an offense. Statutory innocent-owner defenses, due process, and excessive-fines limits must be analyzed separately; ownership alone does not resolve the claim. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-forfeiture-ownership ### Exclusionary Rule Courts may suppress evidence obtained through constitutional violations to deter unlawful official conduct. Suppression is a remedy with limitations, not an automatic consequence of every government mistake. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-exclusionary-rule ### Fruit of the Poisonous Tree Evidence obtained by exploiting a constitutional violation may also be excluded. Independent source, inevitable discovery, and attenuation can break the remedial connection. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-fruit-of-the-poisonous-tree ### Independent Source Evidence may be admitted when actually obtained through a genuinely independent lawful investigation. The later lawful search must not merely disguise exploitation of the illegality. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-independent-source ### Inevitable Discovery Unlawfully obtained evidence may be admitted if lawful means would inevitably have found it. A hypothetical possibility is insufficient; the prosecution must establish the required factual foundation. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-inevitable-discovery ### Attenuation Evidence may be sufficiently disconnected from earlier illegality to avoid exclusion. Time, intervening events, voluntariness, and the purpose or flagrancy of police misconduct affect the analysis. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-attenuation ### Exclusion Exceptions Consider independent source, inevitable discovery, attenuation, and good faith. Some proceedings or impeachment uses are outside the rule's usual reach; harmless error addresses appellate remedy, not initial admissibility. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-exclusion-exceptions ### Grand Juries & Exclusion The Fourth Amendment exclusionary rule generally does not bar a grand jury from considering illegally obtained evidence. That limit does not authorize officials to violate constitutional rights. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-grand-juries-exclusion ### Impeachment & Exclusion Some unlawfully obtained evidence may impeach the defendant's inconsistent testimony even though excluded from the prosecution's main case. The exception is limited and does not admit actually coerced confessions. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-impeachment-exclusion ### Internal Agency Rules Violating an agency's internal rule does not by itself require constitutional suppression. Ask whether the conduct also violated a constitutional or statutory rule carrying that remedy. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-internal-agency-rules ### Civil Proceedings & Exclusion Suppression does not automatically carry into every civil proceeding. Its availability depends on the type of proceeding, governing law, and the relevant deterrence analysis. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-civil-proceedings-exclusion ### Harmless Error On direct review, the beneficiary of a federal constitutional trial error must establish that it was harmless beyond a reasonable doubt. Structural errors differ; collateral review can use a different standard. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-harmless-error ### Suppression Procedure A defendant ordinarily raises suppression through a timely motion identifying the challenged evidence and personal rights violation. Procedural burdens and hearing requirements depend on the governing rules. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-suppression-procedure ### Personal Rights A defendant ordinarily cannot suppress evidence solely because police violated another person's rights. Establish the defendant's own protected interest before analyzing the remedy. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-personal-rights ## Stops & arrests ### Arrest Formal custody or comparable restraint ordinarily requires probable cause. A brief valid investigative detention can restrict movement without becoming an arrest. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-arrest ### Arrest Warrant A judicial officer authorizes arrest on probable cause. A routine home entry usually requires appropriate warrant authority, consent, or exigency; a third party's home presents an additional privacy interest. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-arrest-warrant ### Warrantless Arrest Public arrests may be made on probable cause when authorized by law. Statutory offense and presence requirements can matter, while entry into a home raises separate constitutional restrictions. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-warrantless-arrest ### Reasonable Suspicion Specific, articulable facts and rational inferences support a reasonable belief of criminal activity. It requires less than probable cause but more than an unsupported hunch. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-reasonable-suspicion ### Investigative Detention A temporary stop must rest on reasonable suspicion and remain limited to its justified purpose. Unnecessary duration or excessive restraints can convert it into an arrest. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-investigative-detention ### Stop or Arrest? Examine the restraint's duration, location, force, and investigative purpose. Labels do not control; restrictions more intrusive than reasonably necessary can require probable cause. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-stop-or-arrest ### Automobile Stop A traffic stop is a seizure requiring a lawful basis. Officers may not prolong it beyond the traffic mission without consent or an independent justification such as reasonable suspicion. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-automobile-stop ### Loitering Laws A statute is vulnerable if it fails to give fair notice or leaves police with standardless discretion. A valid stop-and-identify law is distinct from a vague ban on suspicious presence. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-loitering-laws ## Confessions & counsel ### Confession An incriminating statement acknowledging involvement in a crime. Admissibility may implicate voluntariness, Miranda, Sixth Amendment counsel, and evidentiary rules. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-confession ### Voluntary Confessions Evaluate due-process voluntariness separately from Miranda compliance and any Sixth Amendment violation. Satisfying one doctrine does not automatically satisfy the others. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-voluntary-confessions ### Reliability of Confessions A confession's apparent truth does not excuse coercive police methods. Constitutional voluntariness concerns how the statement was obtained as well as the surrounding circumstances. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-reliability-of-confessions ### Improper Methods Coercive interrogation can render a confession involuntary under the total circumstances. Threats, pressure, vulnerabilities, and official conduct matter; not every deceptive tactic automatically establishes coercion. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-improper-methods ### Police Coercion Due-process involuntariness ordinarily requires coercive government activity. A suspect's mental condition is relevant but does not alone establish a police-caused constitutional violation. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-police-coercion ### Miranda Warning Before custodial interrogation, police must give the required warnings about silence, use of statements, counsel, and appointed counsel. A valid waiver or recognized exception is needed to proceed. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-miranda-warning ### Custodial Interrogation Miranda requires both custody and questioning or its functional equivalent. Custody is an objective restraint comparable to arrest; interrogation includes conduct police should know is likely to elicit incrimination. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-custodial-interrogation ### Miranda Counsel An unambiguous request for counsel during custodial interrogation generally requires questioning to stop. Rules for renewed questioning differ from those governing the offense-specific Sixth Amendment right. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-miranda-counsel ### Waiver A valid Miranda waiver must be knowing, intelligent, and voluntary. The prosecution bears the burden; silence alone does not establish waiver. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-waiver ### Grand-Jury Statements A grand-jury witness retains the privilege against compelled self-incrimination. Grand-jury questioning is not automatically custodial interrogation; warnings and immunity must be analyzed under the applicable rules. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-grand-jury-statements ### Public-Safety Exception Police may ask unwarned questions reasonably prompted by an immediate public-safety concern. The exception is limited to the safety need and does not excuse coercion. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-public-safety-exception ### Confession Impeachment A voluntary statement taken without proper Miranda safeguards may impeach the defendant's inconsistent testimony. An actually involuntary confession cannot be used for that purpose. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-confession-impeachment ### Later Confessions A later warned statement is not automatically barred by an earlier unwarned one. Actual coercion and a deliberate question-first strategy require different analyses from a simple initial warning failure. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-later-confessions ### Confession Derivatives Distinguish a voluntary unwarned statement from a coerced one. Miranda violations do not automatically exclude all physical fruits; actual coercion and other constitutional violations can have broader consequences. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-confession-derivatives ### Right to Counsel Sixth Amendment counsel protects trial and critical stages after adversary proceedings begin. Miranda counsel is a separate safeguard during custodial interrogation, with different triggers and limits. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-right-to-counsel ### Attachment of Counsel The Sixth Amendment right attaches at the start of formal adversary proceedings and is offense-specific. Attachment alone does not mean every later event is a critical stage. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-attachment-of-counsel ## Charging & pretrial process ### Juvenile Offender Age and statutory jurisdiction determine juvenile status. Conduct handled as delinquency would usually be criminal if committed by an adult; transfer rules can permit adult prosecution. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-juvenile-offender ### Juvenile Justice Juvenile proceedings use a distinct statutory framework with rehabilitative goals and constitutional safeguards. Labels such as civil or protective do not eliminate basic due process. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-juvenile-justice ### Delinquency Hearings Juveniles generally receive notice, counsel, confrontation, and protection against self-incrimination. Delinquency requires proof beyond a reasonable doubt, but the Constitution does not require a jury in every juvenile case. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-delinquency-hearings ### Indigency & Fines Government cannot automatically imprison someone solely because of genuine inability to pay. Courts must consider ability, willfulness, alternatives, and the applicable constitutional and statutory requirements. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-indigency-fines ### Pretrial Detention Custody before trial requires lawful justification and appropriate judicial process. A prompt probable-cause review and a separate release or detention decision answer different questions. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-pretrial-detention ### Probable-Cause Review After a warrantless arrest, a neutral judicial officer must promptly review probable cause for continued detention. This initial review need not contain all the procedures of a full trial. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-probable-cause-review ### Significant Restraint Extended detention or comparable restraints after arrest require the appropriate judicial probable-cause determination. Ordinary obligations to attend court do not necessarily create the same custody concern. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-significant-restraint ### Initial Appearance At the initial appearance, the court addresses charges, rights, counsel, and release conditions under applicable procedure. Probable-cause review alone does not substitute for every required appearance safeguard. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-initial-appearance ### Bail Release conditions must fit legitimate interests such as appearance and safety. Excessive bail is forbidden, but properly authorized preventive detention may be constitutional after adequate process. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-bail ### Preventive Detention A statute may allow pretrial detention when lawful conditions and procedural protections establish that release cannot adequately address relevant risks. Detention cannot simply function as punishment before conviction. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-preventive-detention ### Charging Probable Cause A preliminary hearing tests whether there is enough evidence to continue prosecution, not guilt beyond a reasonable doubt. An indictment may replace the hearing where governing rules permit. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-charging-probable-cause ### Disclosure Duties Prosecutors must disclose material favorable evidence, including impeachment evidence, under Brady and related rules. Suppression can violate due process even without bad faith. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-disclosure-duties ### Speedy Trial The constitutional protection ordinarily begins with arrest or formal accusation. Earlier investigative delay is analyzed under other doctrines, while statutory speedy-trial clocks can impose additional requirements. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-speedy-trial ### Speedy-Trial Balance Balance delay length, reasons, the defendant's assertion of the right, and prejudice. No single factor mechanically decides the constitutional claim. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-speedy-trial-balance ### Speedy-Trial Remedy A constitutional speedy-trial violation requires dismissal of the prosecution with prejudice. Remedies for statutory violations depend on the particular statute. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-speedy-trial-remedy ## Identification & trial ### Identification and Lineup A post-charge live lineup is generally a critical stage for counsel. Due process separately addresses improperly suggestive police-arranged identification procedures. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-identification-and-lineup ### Photo Identification A photographic display generally does not carry the same Sixth Amendment counsel right as a post-charge live lineup. Suggestiveness and reliability remain separate due-process concerns. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-photo-identification ### Physical Samples & Counsel Obtaining fingerprints, voice exemplars, or other physical samples is generally not itself a critical stage requiring counsel. Search, due-process, and self-incrimination rules still need separate analysis. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-physical-samples-counsel ### Suggestive Identification A police-arranged unnecessarily suggestive procedure can violate due process when it creates a substantial risk of mistaken identification. Reliability is assessed under the total circumstances. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-suggestive-identification ### Identification Reliability Consider the witness's opportunity to view, attention, prior description, certainty, and time elapsed, within the governing test. Identify whether the claim concerns suggestiveness or an earlier counsel violation. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-identification-reliability ### Defendant's Identification Burden The defendant must establish the factual and legal basis for challenging an identification. The showing differs between a suggestive procedure claim and denial of counsel at a critical stage. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-defendant-s-identification-burden ### Government's Identification Burden After an unconstitutional uncounseled lineup, the prosecution must establish an independent origin for a later in-court identification by clear and convincing evidence. The earlier violation cannot simply be ignored. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-government-s-identification-burden ### Competency to Stand Trial A defendant must understand the proceedings rationally and factually and be able to consult counsel with reasonable rational understanding. Competency concerns present ability, not criminal responsibility at the offense. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-competency-to-stand-trial ### Competency Inquiry Evidence creating sufficient doubt about competency requires the court to investigate under governing procedures. The court cannot ignore a substantial competency issue merely because counsel proceeds. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-competency-inquiry ### Incompetent Defendant Trial cannot proceed while the defendant is incompetent. Restoration efforts and confinement must comply with due process; indefinite commitment solely on unresolved charges is not automatic. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-incompetent-defendant ### Burden of Proof The prosecution must prove each element of the offense beyond a reasonable doubt. Allocation of burdens for defenses and competency questions requires a separate constitutional and statutory analysis. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-burden-of-proof ### Plea The defendant formally responds to the charge, commonly with guilty, not guilty, or permitted nolo contendere. A plea is distinct from the agreement that may lead to it. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-plea ### Plea Bargain The parties negotiate charges, a plea, or sentencing treatment. A guilty plea must be knowing, voluntary, and intelligent; prosecutorial promises and effective assistance of counsel remain important. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-plea-bargain ### Self-Incrimination The privilege protects against compelled testimonial self-incrimination. It does not categorically prevent obtaining physical evidence or voluntarily supplied statements. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-self-incrimination ### Testimonial Evidence Evidence is testimonial when it reveals the contents of a person's mind. Fingerprints and ordinary physical characteristics generally differ, though an act of producing documents can itself communicate facts. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-testimonial-evidence ### No Adverse Comment The prosecution generally may not ask the jury to infer guilt from the defendant's choice not to testify. Different rules govern particular uses of pretrial silence. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-no-adverse-comment ### Privilege Exceptions The privilege does not protect every incriminating fact: compulsion and testimonial communication are required. Adequate immunity can replace the risk of prosecution that supports a valid privilege claim. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-privilege-exceptions ### Codefendant Confessions A nontestifying codefendant's confession directly incriminating the defendant can violate confrontation in a joint trial. Redaction, severance, and the wording and context of the statement matter. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-codefendant-confessions ### Confrontation & Hearsay Testimonial statements from an absent witness generally require unavailability and a prior opportunity for cross-examination. Nontestimonial hearsay is primarily an evidence-rule question; recognized constitutional exceptions require separate analysis. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-confrontation-hearsay ### Hearsay Exceptions An evidentiary hearsay exception does not automatically satisfy confrontation. First determine whether a statement is testimonial, then analyze the constitutional requirements separately from the evidence rules. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-hearsay-exceptions ### Jury Trial The Sixth Amendment guarantees a jury for serious criminal offenses, ordinarily those authorizing more than six months' imprisonment. Additional penalties can affect whether a nominally petty offense is serious. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-jury-trial ### Impartial Trial The adjudicators must decide from admissible evidence without disqualifying bias. Jury-selection safeguards and protections against outside influence support that right. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-impartial-trial ### Civil Contempt & Jury Coercive or compensatory civil contempt ordinarily does not require a criminal jury. Classification turns on the sanction's substance and ability to comply, not the court's label. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-civil-contempt-jury ### Criminal Contempt & Jury Serious criminal contempt carries criminal procedural protections, including a jury right where constitutionally required. Petty sanctions and direct contempt can receive different treatment. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-criminal-contempt-jury ### Direct Contempt A judge may summarily address some misconduct personally observed in court. The power is narrow; serious punishment, delayed proceedings, or personal embroilment can require additional safeguards. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-direct-contempt ### Jury Size & Unanimity State criminal juries may constitutionally be smaller than twelve but not smaller than six. A conviction covered by the Sixth Amendment jury right requires unanimity in state and federal court. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-jury-size-unanimity ### Fair Cross-Section The jury pool must represent a fair cross-section of the community. The defendant is not entitled to a seated jury matching the defendant's characteristics or a particular demographic balance. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-fair-cross-section ### Juror Views A juror cannot be excluded merely for holding general views if the juror can follow the law impartially. Views that prevent performance of lawful duties can justify exclusion under the applicable test. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-juror-views ### Race & Jury Selection Purposeful racial discrimination in jury selection violates constitutional protections. Batson provides a process for challenging discriminatory peremptory strikes. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-race-jury-selection ### Confrontation Clause The accused has a right to confront adverse witnesses. Cross-examination is central, particularly when the prosecution offers testimonial statements from a witness who does not appear. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-confrontation-clause ### Public Trial Criminal trials and certain related proceedings are presumptively open. Closure requires a sufficient interest, narrow tailoring, consideration of alternatives, and findings under the governing standard. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-public-trial ### Pretrial Publicity Publicity threatens a fair trial when it compromises juror impartiality. Voir dire, instructions, venue change, and other measures may be needed; publicity alone does not prove unconstitutional prejudice. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-pretrial-publicity ### Juror Qualifications Eligibility depends on governing law. Federal requirements include citizenship, age, residence, language ability, capacity, and absence of specified disqualifying criminal status; state rules differ. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-juror-qualifications ### Voir Dire Questioning prospective jurors identifies bias and supports lawful challenges. Its scope must be adequate to protect impartiality under the circumstances. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-voir-dire ### Judicial or Jury Bias A biased adjudicator undermines a fair trial. Recusal, removal of biased jurors, or venue transfer may be required depending on the source and degree of prejudice. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-judicial-or-jury-bias ### The Trial Process Typical stages include jury selection, openings, evidence and cross-examination, closing arguments, instructions, and verdict. The prosecution retains the burden of proving guilt beyond a reasonable doubt. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-the-trial-process ## Jeopardy, review & punishment ### Double Jeopardy The government generally cannot retry an acquitted defendant or impose unauthorized multiple punishments for the same offense. Attachment, offense identity, and the procedural disposition determine the protection. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-double-jeopardy ### Attachment of Jeopardy Jeopardy generally attaches when the jury is sworn, or when the first witness is sworn in a bench trial. Later events determine whether termination bars another prosecution. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-attachment-of-jeopardy ### Retrial Exceptions Retrial may follow a hung jury, manifest necessity, or reversal for trial error. Acquittal and reversal for legally insufficient evidence ordinarily bar another trial for the same offense. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-retrial-exceptions ### Habeas Corpus A collateral proceeding challenges unlawful custody. It is distinct from direct appeal and is subject to jurisdictional, procedural, and substantive statutory limits. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-habeas-corpus ### Habeas Prerequisites Federal review of state custody generally requires exhaustion of available state remedies. Timeliness, procedural default, successive-petition limits, and custody requirements also matter. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-habeas-prerequisites ### Habeas Deference Federal habeas review of state judgments is constrained by AEDPA. Deference to qualifying state legal decisions and factual findings is different from ordinary appellate reconsideration. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-habeas-deference ### Appeals Appellate review examines claimed legal errors under applicable preservation and review standards. The federal Constitution does not independently require a state to provide every form of appeal. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-appeals ### Indigent Appeals When a state provides a first appeal as of right, it must provide constitutionally adequate access for indigent defendants, including required counsel and record assistance. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-indigent-appeals ### Parole and Probation Probation supervises a community sentence; parole generally supervises release from custody. Revocation procedures and search conditions arise from statutes and constitutional limits. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-parole-and-probation ### Revocation Counsel Appointed counsel at revocation is assessed case by case. A colorable denial or substantial, difficult mitigation claim may require counsel; the Constitution does not mandate appointment at every hearing. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-revocation-counsel ### Cruel and Unusual Punishment The Eighth Amendment limits punishments and certain prison conditions. Noncapital proportionality challenges demand gross disproportionality; conditions and medical-care claims use different standards. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-cruel-and-unusual-punishment ### Death Penalty Limits Capital punishment requires individualized sentencing and consideration of relevant mitigation; mandatory death sentences are unconstitutional. Categorical restrictions cover juvenile offenders and intellectual disability, with additional limits based on offense and culpability. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-death-penalty-limits ### Prison Regulations Restrictions on retained rights generally must be reasonably related to legitimate penological interests. Some claims, including racial classifications, require a different constitutional standard. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-prison-regulations ### Prisoner Privacy Incarceration substantially reduces privacy, particularly in a prison cell. The precise search, bodily intrusion, and institutional justification still determine which constitutional rules apply. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-prisoner-privacy ### Prison Discipline When discipline affects a protected liberty interest, due process can require notice, an opportunity to present a defense, and a supported decision. Not every institutional restriction creates such an interest. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-prison-discipline ### Prisoners' Rights Prisoners retain rights compatible with lawful custody. Access to courts, medical care, religious exercise, and protection from abuse remain subject to the standards governing each claim. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-prisoners-rights ### Post-Sentence Measures A post-sentence restriction must be classified by its purpose and effect. A genuinely civil regulatory measure is analyzed differently from additional criminal punishment for the completed offense. https://2l.fizzilabs.com/library/criminal-procedure/#criminal-procedure-post-sentence-measures