Criminal Procedure Outline - Brown

Criminal Procedure Outline - Brown - Constitutional...

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Constitutional Restraints on Criminal Procedure Constitutional Requirements Binding on States · Fourth Amendment o Prohibition against unreasonable searches and seizures o Exclusionary rule · Fifth Amendment o Privilege against compulsory self incrimination o Prohibition against double jeopardy · Sixth Amendment o Right to speedy trial o Right to trial by jury o Right to confronting witnesses o Right to compulsory process for obtaining witnesses o Right to assistance of counsel in felony cases · Eighth Amendment o Prohibition against cruel and unusual punishment Exclusionary Rule In General · Judge made doctrine that prohibits the introduction of evidence obtained in violation of a defendant’s Fourth, Fifth, or Sixth Amendment rights · Scope of the Rule o Fruit of the Poisonous Tree § Not only must illegally obtained evidence be excluded but also all evidence obtained or
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Criminal Procedure Outline - Brown - Constitutional...

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