Welcome to US Criminal

Procedure Law
Spring Semester 2023
 Peter Krogh
• Contact information:

• QQ - 2060509134
 How to Do Well in the Class
• In this class we will be studying cases to learn the rules
– The PPTs are a summary of the lesson, not a textbook
– Our class time is important! Listening, thinking, review, check for
understanding – TAKE NOTES IN CLASS!
– You must learn the rules and be able to use them just like the police or
other parts of the legal system do
– There is very specific vocabulary that you must learn to be able to
discuss the topics correctly
• Comparing Ideas
– Not a Chinese law class in English!
– Not all ideas can be translated directly by a dictionary!
– If you are not sure about something – Please Ask!!!!
 How to Do Well in the Class
• Compare Ideas and Rules
– Is it the same or different from other cases?
• How is it different?
• What specifically is different?
• Weekly Review
– Translate the ppt is not necessary or the best method to study
– Make your own study guide of each rule
– Check yourself – do I understand this idea? Can I use an
example to explain it to others?
• Ask Questions!!!!!!!!
 How to Do Well in This Class
• Remember that the knowledge from all of
your Common Law classes is useful for other
classes you are taking now and in the future
– If you have forgotten something from the
Introduction Class last time or still feel confused,
please ask me about it as soon as possible
– For the exam, I do not care if you are very good at
memorizing – I care about your thinking skills and
ability to use the knowledge
 Rules for Class
• Be on time
• Be prepared for class
• Respect other students
• Ask questions
• Tell me if you don’t understand!!!
 Grades
• Final Exam
• Class Participation
– Attendance
– Activity
– Answers and Questions
What is US Criminal Procedure?
English Common Law
• The Magna Carta
– Signed in 1215
– XXIX. NO Freeman shall be taken or
imprisoned, or be disseised of his
Freehold, or Liberties, or free
Customs, or be outlawed, or exiled,
or any other wise destroyed; nor will
We not pass upon him, nor condemn
him, but by lawful judgment of his
Peers, or by the Law of the land. We
will sell to no man, we will not deny
or defer to any man either Justice or
Right
US Constitution
• Approved in 1791
• The Bill of Rights –
Amendments 4, 5, 6
and 8
 The Fourth Amendment
• The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not
be violated, and no Warrants shall issue, but
upon probable cause, supported by Oath or
affirmation, and particularly describing the
place to be searched, and the persons or
things to be seized.
 The Fifth Amendment
• No person shall be held to answer for a capital, or otherwise
infamous crime, unless on a presentment or indictment of a
Grand Jury, except in cases arising in the land or naval forces,
or in the Militia, when in actual service in time of War or
public danger; nor shall any person be subject for the same
offence to be twice put in jeopardy of life or limb; nor shall be
compelled in any criminal case to be a witness against himself,
nor be deprived of life, liberty, or property, without due
process of law; nor shall private property be taken for public
use, without just compensation
 The Sixth Amendment
• In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an
impartial jury of the State and district wherein the
crime shall have been committed, which district
shall have been previously ascertained by law, and
to be informed of the nature and cause of the
accusation; to be confronted with the witnesses
against him; to have compulsory process for
obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defence
 The Eighth Amendment
• Excessive bail shall not be required, nor
excessive fines imposed, nor cruel and
unusual punishments inflicted.
The American Criminal Justice System
Entry Into the System
• Crime Happens
• Investigation
– Unsolved or not arrested
• Arrest
– Released without
prosecution
– Sent to juvenile process
• Juvenile process is
different from adults
• Go to Prosecution
 Important Terms
• Search warrant – a court order to allow a search of
a person, place or vehicle for evidence of a crime
– Must be specific about what is being searched for and
the location of the search
• Requires probable cause - the facts and
circumstances within the officers' knowledge, and
of which they have reasonably trustworthy
information, are sufficient in themselves to create a
belief by a man of reasonable caution that a crime
is being or was committed
 Important Terms
• Probable Cause – reasonable suspicion that
facts are probably true (+50% likely – more
likely than not)
The US Courts and Common Law
 How the American System Works
• Most criminal law is the responsibility of the
states – 50 separate legal systems
• Each state can make its own laws and
procedures as long as it doesn’t conflict with
Federal law or the US Constitution
– Some state Constitutions have more rights and
protections than the US Constitution
 State Criminal Process
• Laws passed by the state government or local
government
• The state or local government is responsible for
prosecuting state law crimes, not the victims –
State v. Accused
– Trial Courts
– Appeals Court
– State Supreme Court
• Some states have separate courts for criminal and civil cases
 Federal Criminal Process
• The US Congress passes federal criminal laws
– Only related to Federal powers or crimes across state lines or
international crimes
– There can be State and Federal laws for the same crime
• The US Department of Justice is responsible for prosecuting federal law
crimes, not the victims – US v. Accused
• Federal district courts
• Federal appeals courts – 13 circuit courts
• The US Supreme Court
– Also handles constitutional law appeals of State Court decisions
Federal Appeals Courts
 Which law applies?
• State courts are required to follow the Constitution and federal and state
laws but they can also make laws in the common law tradition
• Federal courts are required to follow the state laws relevant to a case and
can only interpret Federal laws and Constitutional questions – there is no
general Federal common law so they can’t make criminal laws
• Federal courts can request an answer from the state supreme court when
a question of state law is not decided yet or the answer is not clear
• State courts do not have to follow federal court decisions interpreting
state laws or federal laws or Constitutional law – only the US Supreme
Court decisions must be followed
Criminal law in State and Federal Courts
• In 2018 – state trial courts handled about 17 million
criminal cases
• State appeals courts handled about 234,000 cases of
all kinds
• In 2019 - Federal trial courts handled 90,473
criminal cases – immigration, drug trafficking, failure
to pay federal taxes, attacks on federal officials
• Federal appeals courts handled 9,697 criminal cases
How To Read a Criminal Procedure Case
• We are using the cases to try to understand the
rules for criminal procedure – the details matter a
lot!!
– Facts – what is different about this case?
– The legal question and the answer
– Rationale - The reasoning for the answer
– The concurrences and dissents can give us important
ideas about future changes in the law
– Relationship with other cases – how do the opinions
deal with the old cases about the same topic
 How To Read A Case - Background

• Style of the case – information to locate the written opinion

Griswold v. Connecticut 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d 510 (1965)
– Use the family name of the parties – US v. Jones
• v. means “versus” but in spoken English also “against” or “and” is
used
• The first name is the plaintiff or the party who filed the case
• The second name is the defendant
– For Supreme Court cases the order of the names tells you who is
appealing
• US v. Jones or Jones v. US
– The first name is the appellant or petitioner (lost in the lower
court)
– The second name is the appellee or respondent (won in the
lower court)
 How To Read a Case - Background

• Where is the case from?

Griswold v. Connecticut 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d 510 (1965)
Geary v. Visitation of Blessed Virgin Mary School, 7 F.3d 324 (3d Cir. 1993)
Glassroth v. Moore, 229 F. Supp. 2d 1290 (M.D. Ala. 2002)
– Cases are published in different books for different courts – the first
number is which book, the second number is the first page of the
decision
– A state or federal court
• What level of court ?
– trial, appeals, supreme
• What district, circuit, or state?
– For state, district or circuit courts look at the end
 How To Read a Case - Background

• When was it decided?

Griswold v. Connecticut 381 U.S. 479, 85 S. Ct. 1678, 14 L. Ed. 2d 510 (1965)
– Some books use ( ) and some use [ ]
• Are there any legal terms you don’t know?
– Online resource - [Link]
– Black’s Law Dictionary
 Reading a Case

• The Issue – the legal question or questions in the case

• The Holding – the answer or answers to the Issue of the case
• Rationale – Tells us why - Applies the facts and the law to show
how the court found the holding
 Reading a Case – Separate Opinions

• Different types of opinions have different meanings for the

future
– Opinion of the court or Majority opinion – a majority of the judges
on the court agree – always comes first in the book
• Creates a binding precedent that must be followed
– Plurality opinion – not a majority but receives the most votes – will
be the first opinion if there is no majority opinion in the case
• Not as strong for binding precedent in the future
 Reading a Case – Separate Opinions

– Concurring opinion or Concurrence – one or more judges agree with the

answer but may disagree about the rationale or wants to explain
something more – comes after the majority or plurality opinion
• Look for - Concur in the result or judgment
• Can be more than one concurring opinion
– Dissenting opinion or Dissent – one or more judges disagree with the
answer of the majority or plurality opinion – comes last after any other
opinions
• Can be more than one dissenting opinion
– It is possible to concur in part and dissent in part
– The same judge can join more than one opinion!!
 What is the Result?

• Affirmed – the decision of the lower court is approved in the

appeal
• Reversed – the decision of the lower court is rejected in the
appeal
• Remanded – to send a case back to a lower court for additional
proceedings – a new trial or to address a specific issue
• Overturned – an old precedent is rejected and no longer
binding
• Upheld – an old precedent is used and agreed to still be good
law and binding
 Using A Case Opinion

• The facts matter!!

– It is very important to pay attention to the specific facts
– Different situations have different rules
• Location – home, school, work, on the street
• Type of crime – violent crimes, property crimes
• Person of interest – suspect, helper, others
– Compare the cases to look for different facts that require a different
rule – how are they the same or different from other cases?
 Legal Vocabulary

• Remember that some words have a regular English meaning

and a Legal English meaning
– Be careful when you translate that you use the correct word
– Some words have similar meanings in regular English, but the Legal
English meaning is very different
– Don’t change the Legal English word unless you are very sure that it
doesn’t change the meaning to something else!!
 Some Things to Think About This Semester

• As we read the cases, remember that we learn from mistakes

– What should the law be concerned about for police procedures?
– Which of these choices is more important?
• Making it possible for police to do important work
• Protecting citizens from abuse of power
– Sometimes there is not a correct answer just a best answer
• The law changes over time because we can see the results of a choice about
the law and new situations help us to understand what happens in the real
world
 Some Things to Think About This Semester

• Protecting criminals from police abuse is not only helping bad

guys
• Making the procedures easier for the police may not give us
results we want to have
• Is the law more important than the result of one case?
– Bad facts make bad law
• How to make rules and procedures that are easy to understand
but give the correct result?