Law School

Criminal Procedure Law Lecture Three: Trial Rights, Double Jeopardy, Due Process, and Post‑Conviction Review (Part 3 of 3)


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This lecture provides an overview of crucial constitutional rights within the realm of criminal procedure, extending from the moment an individual faces charges through potential post-conviction challenges. It details Sixth Amendment trial guarantees, including the rights to a speedy and public trial, an impartial jury, confrontation of witnesses, and compulsory process. The lecture then addresses the Fifth Amendment's protection against double jeopardy, explaining when it attaches and relevant doctrines like the same-elements test and dual sovereignty. Furthermore, it covers the Fourteenth Amendment's due process and equal protection considerations, particularly as they relate to sentencing and prosecution, before discussing the right to counsel at trial and on appeal. Finally, the lecture explores the avenues and limitations of post-conviction remedies, such as habeas corpus.

Summary


This lecture series on Criminal Procedure delves into the essential rights and protections afforded to defendants under the U.S. Constitution. It covers the Sixth Amendment's trial rights, the Fifth Amendment's double jeopardy protections, and the Fourteenth Amendment's due process and equal protection guarantees. The discussion also highlights the importance of the right to counsel, post-conviction remedies, and emerging issues in criminal law, providing a comprehensive overview of the principles that govern the criminal justice system.


Takeaways

The Sixth Amendment guarantees a fair trial through various rights.

Double jeopardy prevents multiple prosecutions for the same offense.

Due process includes both procedural and substantive protections.

The right to counsel is fundamental for a fair trial.

Post-conviction remedies allow for challenging convictions.

Emerging technologies pose new challenges to criminal procedure.

The Equal Protection Clause ensures non-discriminatory enforcement of laws.

The right to an impartial jury is crucial for justice.

Procedural default can block federal review of claims.

New evidence can lead to claims of actual innocence in court.


Sound Bites

"The accused shall enjoy the right to a speedy trial."

"Due process ensures fair procedures in adjudication."

"Access to counsel is essential for a fair trial."


Criminal Procedure, Trial Rights, Double Jeopardy, Due Process, Equal Protection, Right to Counsel, Post-Conviction Remedies, Legal Standards, Criminal Justice Reform



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