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| Criminal procedure in the United States | |
|---|---|
| Name | Criminal procedure in the United States |
| Caption | United States courthouse |
| Jurisdiction | United States |
| Legislation | United States Constitution, Bill of Rights |
| Courts | United States Supreme Court, United States Court of Appeals, United States district court |
| Related | Criminal law, Due process |
Criminal procedure in the United States governs the legal processes for investigation, charging, trial, conviction, sentencing, and post-conviction review in United States criminal matters. It derives from the United States Constitution, federal statutes such as the Federal Rules of Criminal Procedure and the Habeas Corpus Act, and state constitutions and codes such as the Model Penal Code and various state criminal procedure statutes. Key judicial interpretations from the United States Supreme Court, including decisions in Miranda v. Arizona, Gideon v. Wainwright, Mapp v. Ohio, and Brown v. Mississippi, shape practice at federal and state levels.
Criminal procedure sources include the United States Constitution—notably the Fourth Amendment to the United States Constitution, Fifth Amendment to the United States Constitution, Sixth Amendment to the United States Constitution, and Eighth Amendment to the United States Constitution—and statutes like the Federal Rules of Criminal Procedure and the Speedy Trial Act of 1974. Judicially created doctrines from the United States Supreme Court and federal United States Courts of Appeals (e.g., Second Circuit Court of Appeals, Ninth Circuit Court of Appeals) interpret those provisions in landmark cases such as Weeks v. United States, Brady v. Maryland, Terry v. Ohio, and Katz v. United States. Administrative rules from entities such as the Federal Bureau of Investigation and prosecutorial guidelines from offices like the United States Attorney General and state Attorney General (United States) offices also influence practice. Academic commentary from scholars at institutions like Harvard Law School, Yale Law School, Columbia Law School, and the American Bar Association informs reforms and model rules.
Investigations begin with law enforcement agencies such as the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and local police departments (e.g., New York City Police Department, Los Angeles Police Department). Investigative techniques may involve surveillance under statutes like the Electronic Communications Privacy Act, search warrants authorized by magistrates under the Fourth Amendment to the United States Constitution following precedents like Coolidge v. New Hampshire and Riley v. California, and arrests governed by cases such as Terry v. Ohio and Payton v. New York. Investigatory tools include grand jury subpoenas under the Fifth Amendment to the United States Constitution and Title III wiretap orders pursuant to the Omnibus Crime Control and Safe Streets Act of 1968. Interplay with agencies such as the Department of Justice (United States), Internal Revenue Service Criminal Investigation, and state bureaus shapes cross-jurisdictional arrests in matters like United States v. Santana.
Pretrial stages involve charging decisions by prosecutors in offices such as the United States Attorney's Office and state district attorney offices like the Manhattan District Attorney's Office, initial appearances consistent with Gerstein v. Pugh, bail determinations under law influenced by Stack v. Boyle and the Bail Reform Act of 1984, and grand jury proceedings under the Fifth Amendment to the United States Constitution and cases like United States v. Williams. Defense counsel issues implicate Gideon v. Wainwright and the role of public defenders such as the Federal Public Defender Program and state public defender offices. Discovery obligations reflect Brady v. Maryland and related prosecutorial disclosure rules; plea bargaining practice is informed by Santobello v. New York and the expansive use of plea agreements in federal practice under the United States Sentencing Commission guidelines.
Trials occur in venues including state superior courts, United States district court, and specialized tribunals such as military tribunals and juvenile courts; jury trial rights emerge from Duncan v. Louisiana and the Seventh Amendment to the United States Constitution where applicable. Trial procedure follows evidentiary rules shaped by precedent like Brown v. Mississippi, confrontation principles from Crawford v. Washington, and admissibility standards in cases such as Daubert v. Merrell Dow Pharmaceuticals, Inc. and Kumho Tire Co. v. Carmichael. Cross-examination, jury selection guided by Batson v. Kentucky, burdens of proof under In re Winship, and standards for verdicts including unanimity in certain jurisdictions reflect constitutional mandates shaped by the United States Supreme Court and state high courts. Sentencing recommendations may be presented post-conviction with input from probation offices like the United States Probation and Pretrial Services System.
Sentencing occurs under statutes such as the Sentencing Reform Act of 1984 and principles established in Ring v. Arizona and Apprendi v. New Jersey; the United States Sentencing Commission issues guidelines affecting federal sentencing, while states follow diverse models including determinate, indeterminate, and mandatory minimum regimes exemplified by laws in Texas and California. Death penalty jurisprudence arises from Furman v. Georgia and Gregg v. Georgia, with post-conviction avenues including direct appeals to state supreme courts and federal habeas corpus petitions per the Antiterrorism and Effective Death Penalty Act of 1996. Clemency and pardon powers are vested in executive offices such as the President of the United States and state governors like the Governor of California.
Key protections include the Fourth Amendment to the United States Constitution against unreasonable searches, the Fifth Amendment to the United States Constitution privilege against self-incrimination and double jeopardy per cases like Blockburger v. United States, the Sixth Amendment to the United States Constitution right to counsel as in Gideon v. Wainwright and confrontation rules in Crawford v. Washington, and the Eighth Amendment to the United States Constitution prohibition on cruel and unusual punishment as evaluated in Atkins v. Virginia and Roper v. Simmons. Miranda warnings stem from Miranda v. Arizona and shape custodial interrogation across agencies such as the Federal Bureau of Investigation and state police. Equal protection and due process claims proceed under the Fourteenth Amendment to the United States Constitution and cases like Brown v. Board of Education in broader civil rights contexts that intersect criminal procedure through rulings by the United States Supreme Court.
Specialized proceedings include juvenile court processes influenced by In re Gault, military justice under the Uniform Code of Military Justice and cases like Ex parte Quirin, immigration removal proceedings governed by agencies such as the Executive Office for Immigration Review and governed by statutes like the Immigration and Nationality Act, and national security or foreign intelligence investigations involving the Foreign Intelligence Surveillance Act and the FISA Court. Exceptions to usual protections appear in exigent circumstances, the public safety exception from New York v. Quarles, border search doctrine as applied near United States Customs and Border Protection checkpoints, and special immigration or tax enforcement processes involving the Internal Revenue Service. International dimensions engage bodies such as the International Criminal Court only indirectly through treaty obligations like the Hague Convention in narrow procedural contexts.