Leslie W. Abramson - A Short & Happy Guide to Criminal Procedure

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Criminal Procedure

Fifth Edition

Leslie W. Abramson

Frost Brown Todd Professor of Law
Louis D. Brandeis School of Law
at the University of Louisville

A SHORT & HAPPY GUIDE SERIES

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Preface

Criminal Procedure is one of the most interesting law courses. As you were growing up, you watched news reports or television shows like Crime Stoppers which described or portrayed how the FBI or local police arrested suspects, searched their homes, interrogated them about their criminal conduct, and placed them in lineups. After a suspect was taken to court, further reports outlined whether she was released pending trial, indicted by a grand jury, pled guilty or asked for a jury trial, and sentenced to prison for a term of years.

The Short & Happy Guide to Criminal Procedure introduces you to the legal side of what you have heard and read about for years. Whether you use this book to cram for your criminal procedure final examination, or as a guide to follow in your role as a prosecutorial or public defender extern, you will learn the basics of how the criminal justice system functions in federal and state courts.

The first half of this book explores the constitutionality of police practices such as the exclusionary rule, arrests and stops of persons, searches of persons and vehicles, seizures of property, interrogation of suspects, and identification of suspects through lineups and showups.

The remainder of this book addresses the issues that arise after the federal or state prosecutor institutes criminal proceedings against the suspect. You will learn the constitutional and rule-based procedures relating to pretrial release, prosecutorial discretion, preliminary proceedings, grand jury practice, joinder of offenses and defendants, speedy trial, pretrial discovery of factual information, pretrial publicity, plea bargaining, jury trials, appeals, double jeopardy, and post-conviction remedies.

Each chapter explores one of the above topics, first defining the key terms for the topic. Each chapter then explains why its topic is important to the workings of the justice system and how it iv interrelates with other topics elsewhere in the book. The balance of each chapter discusses the foundational principles and shows you how they work, primarily through decisions of the United States Supreme Court or hypothetical situations.

The materials in this book are current through the 20202021 Term of the United States Supreme Court and the Federal Rules of Criminal Procedure through August, 2021. New editions of this book will be published approximately every three years, but readers can check www.shortandhappyguides.com for interim updates. Thanks to Kaylee Raymer, a 2020 graduate of the University of Louisville Brandeis School of Law, for her quality editorial assistance in the preparation of the Fourth edition.

LESLIE W. ABRAMSON

September 2021

Table of Contents

Totality of Circumstances to Decide Probable
Cause

F. Seizures Pursuant to Search Warrant

Exigent Circumstances to Search the Suspects
Body

C. The Fifth Amendment and Miranda

Rationales for Sixth Amendment Right to
Counsel

Exclusionary Rule Is Not a Per Se Rule of
Exclusion

C. Good-Faith Exception to Exclusionary Rule

Exceptions to FOPT Analysis: Independent
Source

Exceptions to FOPT Analysis: Inevitable
Discovery

D. Ineffective Assistance of Counsel

When Ineffective Assistance Claims Can Be
Brought

B. Eighth Amendment Prohibition Against Excessive
Bail

B. Constitutional Requirement for a Grand Jury to Indict
a Defendant

I. Fifth Amendment and Subpoenas: The Collective
Entity Doctrine

C. Motions to Dismiss Based on the Unconstitutionality of the Crime Charged

C. Double Jeopardy Implications for Joinder of
Offenses

F. Sixth Amendment Issues for the Joinder of
Defendants

C. Post-Charge Delay in Bringing the Defendant to
Trial

How Speedy Trial Rights Differ from Other
Rights

f. Speedy Trial Rights for Incarcerated Defendants

g. Speedy Trial Rights Detach After
Conviction

C. Prosecutions Duty to Disclose Exculpatory
Evidence

Remedy for Violation of the Right to Public
Trial

Chapter 17

Fines and Costs

D. Retrials After Defense Appeals and Implied
Acquittals

Summary Disposition of Habeas Corpus
Petition

H. Violations of Federal Law Only Are Cognizable

Factual Error: The State Decision Involved an Incorrect or Unreasonable Determination of
Facts

What a Petitioner Must Prove for Habeas
Relief

Actual Innocence to Overcome Procedural
Default

A Short & Happy Guide to
Criminal Procedure

Fifth Edition