united_states constitutional criminal procedure united_states_constitution contains provisions law criminal procedure jury venue provisions complaints declaration independence included article united states constitution criminal procedure provisions contained united states bill rights specifically fifth sixth exception grand jury clause fifth amendment clause sixth amendment maybe eighth amendment criminal procedure provisions bill rights incorporated apply state governments rights regulate pre trial procedure access non excessive bail right indictment grand jury right information charging document right trial right tried specific venue rights trial rights right compulsory process obtaining witnesses trial right confront witnesses trial right public trial right trial jury selected specific geography right compelled testify oneself assistance counsel process rights application proceeding defendant convicted usual remedy violation provisions reversal conviction modification defendant sentence exception structural errors total denial counsel constitutional errors subject harmless error analysis harmless reasonable doubt exception double jeopardy violation government usually permitted defendant provisions source nearly errors federal review state convictions relevant text article section clause united states constitution provides trial crimes shall jury trial shall held state said crimes shall committed committed state trial shall place places congress law directed fifth amendment united_states_constitution provides relevant person shall held answer capital infamous crime indictment grand jury cases arising land naval forces militia actual service time war public danger shall person subject offense twice jeopardy life limb shall compelled criminal case witness deprived life liberty property process law sixth amendment united_states_constitution provides criminal accused shall enjoy right public trial jury state district crime shall committed district shall previously law informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defence eighth amendment united states constitution provides relevant excessive bail shall required fourteenth amendment united_states_constitution provides relevant shall state person life liberty property process law deny person jurisdiction equal protection laws history supreme_court united_states issued constitutional criminal procedure decisions century existence professor highlights reasons court decision baltimore meant federal constitution apply state proceedings incorporation bill rights fourteenth amendment second court lacked general jurisdiction federal criminal cases possessed jurisdiction criminal cases error state courts original corpus certificates division circuit courts cases involving certificates division decided issues double jeopardy clearly rely double jeopardy clause similarly discussed level detail required sufficient indictment explicitly citing information clause sixth amendment appeals state courts considered rejected double jeopardy claims arising hypothetical prospect prosecution federal state governments conduct supreme_court decisions reverse state criminal convictions constitutional procedural reasons involved exclusion african americans grand west_virginia virginia delaware carter texas rogers alabama alabama conviction african american defendants crimes involving white victims southern states mob dominated trial moore counsel alabama pre trial procedure bail amend viii provides excessive bail shall required stack case supreme_court held bail imposed excessive court found excessive relation flight risk defendants charged smith act united_states court upheld bail reform act authorized consideration future determination denial bail incorporation status unclear court stated bail course basic system law eighth amendment excessive bail assumed application states fourteenth amendment murphy hunt court reach issue case dismissed bail included list incorporated rights mcdonald chicago citing grand jury amend provides person shall held answer capital infamous crime indictment grand jury cases arising land naval forces militia actual service time war public danger grand jury clause applies capital infamous crimes crime imprisonment infamous convicted crimes greater year imprisonment confined crime hard labor regardless term place imprisonment infamous contempt court punished greater year imprisonment infamous california supreme_court held grand jury clause incorporated apply states fourteenth amendment grand jury right element charged crime submitted grand jury prosecution augment indictment returning grand jury government narrow indictment returning grand jury clause little regulate procedures grand jury example clause prohibit grand jury indictment based solely evidence non fundamental flaws grand jury violation defendant self rights violation grand jury secrecy trigger right tried united_states williams court rejected rule required substantial evidence presented grand jury defendant argue fifth amendment violation lack grand jury court jurisdiction defendant grand jury right information amend provides criminal accused shall enjoy right informed nature cause accusation charging instrument sufficient clause grand jury clause contains elements offense intended charged sufficiently defendant prepared meet shows accuracy extent double jeopardy subsequent prosecution right incorporated case submitted grand jury indictment satisfy requirement cases required submitted grand jury formal charging instrument referred information federal system states complaint trial amend provides criminal accused shall enjoy right trial trial clause delay bringing formal criminal charge pre trial accused liberty start trial clause incorporated apply state supreme_court announced factors relevant determination trial clause violation length delay reason delay defendant demanded trial prejudice applying court found violation united_states involved year period indictment arrest possible remedy trial clause violation dismissal prejudice venue art iii provides trial crimes shall held state said crimes shall committed committed state trial shall place places congress law directed perceived abuse english criminal venue law grievances united_states declaration independence accused united_kingdom transporting seas tried pretended offenses said crimes shall committed language refers determined nature crime alleged location act acts single crime rise venues venue individual defendant personally present relevant state example conspiracy prosecuted agreement occurred overt act committed purposes constitutional venue boundaries states questions law determined judge location crime question fact determined jury venue provision article iii regulating location trial distinct clause sixth amendment regulating geography jury pool selected unit state unit later state judicial district unlike judicial districts clause consistent article iii congress provide place trial provided offense committed change place trial commission offense trial procedure compulsory process amend provides criminal accused shall enjoy right compulsory process obtaining witnesses favor compulsory process clause guarantees defendant right obtain favorable witnesses trial example clause prevents jurisdiction defendants calling witnesses similarly clause prevents government witness testimony material favorable defense right pre reasonable procedural rules right prevent defense witnesses discovery confrontation amend provides criminal accused shall enjoy right confronted witnesses washington supreme_court held confrontation clause bars admission statements witness appear trial exceptions established time founding appears cross examination trial confrontation clause places constraints use prior statements long present trial defend explain davis washington court held clause places restrictions statements completely define term held term covers applies minimum prior testimony preliminary hearing grand jury trial police laboratory reports forensic tests defendant right cross examine analyst statements police interrogation circumstances indicate primary purpose interrogation enable police assistance meet ongoing emergency circumstances objective indicate ongoing emergency primary purpose interrogation establish prove past events potentially relevant later criminal prosecution relevant inquiry actual purpose individuals involved particular encounter purpose reasonable participants individuals statements actions circumstances encounter occurred exception established founding witness unavailable testify defendant prior opportunity cross examination exception wrongdoing defendant intends obtain absence witness wrongdoing exception use statements purposes establishing truth matter asserted possible exception dying statements speaker brink death aware dying jury art iii provides trial crimes shall jury amend provides criminal accused shall enjoy right trial jury state district crime shall committed district shall previously law complaints declaration independence accused king george iii cases benefits trial jury availability depending authorized actual sentence demand criminal defendant right trial jury defendant right conversely bench trial consent prosecution defendant charged crimes authorized sentence exceeds months state federal court defendant right jury defendant right trial jury actual sentence exceeds months charged crime maximum authorized sentence contempt court defendant right jury stacked cumulative authorized imprisonment exceeds months long actual sentence factors actual authorized sentences relevant seriousness far court pushed expanding jury right trial judge obligation ensure jury especially media coverage means jury selection including dire cause challenges jury jury instructions example require court permit dire subject potential racial prejudice circumstances sixth amendment requires trial judge grant defendant change venue motion jury obtained sixth amendment availability use cause challenges example jurisdiction granting prosecution cause removal oppose death penalty demanded regard willing consider penalties provided state law committed trial begun vote penalty death regardless facts circumstances emerge course proceedings defendant obliged use challenges cure trial court erroneous denial defendant cause challenge defendant defendant rely error automatic reversal size supreme_court held member sufficient member verdict required member required member provision requiring jury drawn state district crime shall committed district shall previously law known clause clause places limits prosecution crimes committed state clause prevent crime tried jury different division federal judicial district district crime committed fifth sixth circuits held clause incorporated states fourteenth amendment public trial amend provides criminal accused shall enjoy right public trial defendant right courtroom open public absent showing substantial government interest addressed alternatives closure right public trial extends pre trial matters suppression hearing jury selection roots traditional anglo american distrust secret trials variously ascribed notorious use practice french monarchy abuse sixth amendment public trial right held defendant excluded public ability assert independently public substantially similar amendment right attend self amend provides shall person compelled criminal case witness primarily law criminal investigations clause protects self occur trial clause prevents government compelling defendant testify trial defendant chooses testify clause prevents state requiring testify defendant claim privilege self respect cross examination scope direct examination similarly clause comment prosecution accused silence instructions court silence evidence guilt principle applies sentencing phase plea guilty defendant entitled jury instruction forbidding adverse failure testify defendant entitled prevent instruction fifth amendment privilege defendant matter constitutional right await end state case announcing nature defense await jury verdict state case chief deciding stand example jurisdiction require defendant disclose intended witnesses trial double jeopardy amend provides shall person subject offense twice jeopardy life limb double jeopardy clause encompasses distinct subsequent prosecution subsequent prosecution conviction subsequent prosecution certain multiple punishment indictment jeopardy jury witness sworn plea accepted dual sovereignty doctrine permits federal government state proceed separately prosecution government permitted appeal try entry directed verdict case submitted jury directed verdict jury reversal direct appeal higher court implied conviction lesser included offense addition government barred defense fact necessarily found jury prior jury hung counts principle prevent government appealing pre trial motion dismiss non merits dismissal directed verdict jury conviction prevent trial judge entertaining motion directed verdict jurisdiction provided rule statute prevent government defendant jury reversal including thirteenth notwithstanding principle jeopardy terminated exception judicial jury multiple punishment including prosecution conviction united_states supreme_court announced following test government separately try punish defendant crimes crime contains element default rule intends depart example punished separately conspiracy test originally developed multiple context test prosecution conviction court held double jeopardy violation lie test satisfied overruled united_states prosecution rule depends sought defendant moves bar prosecutor acted bad faith defendant moving government specifically wanted prosecutor moves bar trial judge finds manifest necessity granting standard granted assistance counsel amend provides criminal accused shall enjoy right assistance counsel defence assistance counsel clause includes relevant distinct rights right counsel choice right appointed counsel right denied counsel right conflict free counsel effective assistance counsel right represent oneself pro defendant sixth amendment right counsel civil proceeding including hearing consequence criminal conviction choice counsel defendant given opportunity retain counsel entitled appointed counsel subject considerations conflicts interest scheduling counsel authorization practice law jurisdiction counsel willingness represent defendant pro fee criminal defendants right represented counsel choice remedy erroneous choice counsel automatic reversal united_states court held sixth amendment exception criminal conviction government seek paid legal fees statute notwithstanding effect defendant ability retain counsel choice appointment counsel defendant unable retain counsel right appointed counsel government expense supreme_court recognized right gradually currently applies federal state criminal proceedings defendant faces authorized imprisonment greater year defendant actually imprisoned defendant right appointed counsel sentenced actual imprisonment sentenced year conviction later enhance sentencing crime probation result actual imprisonment defendant right appointed counsel raise arguments direct appeal raise arguments appeal facing execution denial counsel appointed retained clause protects role counsel certain attributes attorney client relationship example clause requires defendant given time consult counsel counsel given time investigate case pre trial clause prohibits state barring defendant cross examined counsel restricting order defendant called witness court prevent defendant consulting counsel overnight cross examination defendant similarly defendant right counsel closing argument bench trial conflict free counsel counsel retained appointed defendant right counsel conflict interest actual conflict interest present conflict results adverse effect representation result automatic reversal general rule conflicts waived conflicts ineffective assistance counsel washington court held review defendant obtain relief defendant demonstrates defense counsel performance fell objective standard performance performance reasonable probability result proceeding different prejudice satisfy prejudice defendant pleads guilty reasonable probability counsel performance guilty kentucky court held counsel failure inform alien pleading guilty risk fell objective standard performance permitted alien guilty failure withdraw guilty plea satisfy prejudice defendant rejects prosecution plea offer reasonable probability counsel performance offer accepted defendant withdrawn prosecution accepted court sentence actually received exceeded received plea pro representation california court held criminal defendant right voluntarily opt pro representation trial right violated appointment standby counsel constitutional right self representation appeal clauses general constitutional provisions apply exclusively criminal matters contrast process equal protection clauses substantial application outside criminal law process amend provides shall person deprived life liberty property process law amend provides shall state person life liberty property process law process clauses fifth apply generally stages criminal proceedings process clause fourteenth amendment vehicle incorporation rights exception grand jury clause clause maybe apply state criminal proceedings process vehicle enforcement fundamental given prosecution sound provision proof reasonable doubt process clauses require burden proof criminal cases placed government quantum proof reasonable doubt explicitly held process clause protects accused conviction proof reasonable doubt fact necessary constitute crime charged state place burden proof defense defendant erroneous denial reasonable doubt instruction structural error defendant automatic reversal erroneous definitions reasonable doubt require reversal long taken instructions correctly conveyed concept reasonable doubt jury instructions certain defendant interpreted conclusive shifting burden proof defendant unconstitutional constitutional circumstances trial court separately jury innocence addition giving reasonable doubt instruction reasonable doubt standard primarily jury instructions retains relevance trial judge considers motion directed verdict court reviews evidence federal review state conviction evidence grant relief reviewing court find record evidence trial rational fact found proof guilt reasonable doubt successive abusive federal review state conviction defendant claiming actual innocence likely reasonable found guilty reasonable doubt disclosure maryland significant specific criminal procedural right guaranteed process clauses requires criminal conviction reversed government material government possession defendant reasonable probability material disclosed result proceeding different piece piece inquiry government acted good faith bad faith irrelevant defendant prove withheld evidence import unknown obtain relief defendant instead government acted bad faith government required disclose material prior plea government disclose material plea open question mental long accepted person mental condition lacks capacity understand nature object proceedings consult counsel assist preparing defense subjected trial consistent test sufficient present ability consult lawyer reasonable degree rational understanding rational factual understanding proceedings state place burden defendant prove incompetence evidence state require defendant prove incompetence higher standard clear convincing evidence right waived constitutional rights required knowing voluntary state defendant order competent trial factual state interest punishment opposed civil confinement medication likely result medication necessary restore defendant competent stand trial competent guilty trial rights necessarily competent represent trial face state procedural rule requiring higher standard pro representation misconduct process prohibits prosecution convict defendant requires reversal reasonable likelihood verdict affected goes credibility witness equal protection amend provides shall state deny person jurisdiction equal protection laws equal protection clauses applications relevant criminal proceedings prohibition selective prosecution bases requirement jury pools represent fair cross section community prohibition use jury challenges selective prosecution defendant dismiss criminal charge ground singled prosecution race gender religion national origin similar order discovery racial selective prosecution claim defendant threshold showing government declined prosecute similarly situated suspects races defendant entitled selective prosecution based data overall population discrimination jury pool prohibits exclusion persons selection grand jury basis race regardless race defendant defendant entitled jury pool represents fair cross section community order prove fair cross section violation defendant distinctive group represented fairly reasonably jury pool proportion community systematic exclusion challenges defendant entitled fair cross section defendant guaranteed fair cross section actual grand jury jury equal protection clause regulate use challenges selection jury landmark case kentucky supreme_court reversed criminal conviction prosecutor racially motivated use challenges steps inquiry party opposing use challenge case requires second party seeking challenge provide neutral explanation challenge trial court decide explanation rationale applies equally similarly situated seated trial judge erroneously permits striking error preserved remedy automatic reversal trial judge erroneously prevents striking seated constitution permits jurisdiction utilize harmless error analysis race defendant irrelevant claim permits prosecutor challenge defense strikes reverse applies equally race gender
United States constitutional criminal procedure