Paralegal Power Break: Law of Criminal Procedure

Although criminal procedure follows many of the patterns of civil procedure, there are major differences between them, largely because of the special provisions of the U.S. Constitution (which are usually echoed in state constitutions). The Constitution, and especially the first 10 amendments (the Bill of Rights), expresses a basic code of criminal procedure by enumerating rights of citizens against government intrusion and rights of those accused of crimes. The provisions of the Constitution have been subjected to intense scrutiny by state and federal courts, particularly since the 1950s. Criminal procedure cannot be understood without reference to these rights. 

The following topics are covered in this on-line session:

• Define writ of habeas corpus and ex post facto law.
• Distinguish between a grand jury and a petit jury.
• Define double jeopardy.
• Discuss the right against self-incrimination.
• Discuss the effect of Gideon v. Wainright on the right to effective assistance of counsel.
• Discuss the effect of application of the exclusionary rule.
• Discuss the effect of Miranda v. Arizona on police procedure.
• Discuss plea bargaining.
• Outline the steps in processing a crime.
• Distinguish between the initial appearance and the preliminary hearing.
• Define the terms indictment and information.
• Discuss what happens at an arraignment.
• Discuss the factors considered in sentencing.
• Identify alternatives to incarceration.
• Compare an appeal in a criminal case to that in a civil case.

​​To learn more about Criminal Procedure purchase the text Foundations of Law: Cases, Commentary and Ethics, 6th Edition from Cengage Learning.  Paralegal Power Breaks are short information packed sessions that provide useful career information to paralegals at all career levels.

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