Criminal Defense — Law Library
The law governing the rights of the accused, defense strategies, and the constitutional protections that apply at every stage of a criminal prosecution.
Statutes & Rules
- Fourth Amendment (U.S. Const. amend. IV)
- Protects against unreasonable searches and seizures; requires warrants supported by probable cause.
- Fifth Amendment (U.S. Const. amend. V)
- Guarantees the right against self-incrimination, double jeopardy, and due process of law.
- Sixth Amendment (U.S. Const. amend. VI)
- Guarantees the rights to a speedy and public trial, an impartial jury, notice of charges, confrontation of witnesses, and assistance of counsel.
- Jencks Act (18 U.S.C. § 3500)
- Requires the government to produce prior statements of prosecution witnesses after they testify at trial.
Landmark Cases
- Miranda v. Arizona, 384 U.S. 436 (1966) — Police must inform suspects of their rights to remain silent and to have an attorney before custodial interrogation.
- Strickland v. Washington, 466 U.S. 668 (1984) — Ineffective assistance of counsel requires showing deficient performance and resulting prejudice.
- Gideon v. Wainwright, 372 U.S. 335 (1963) — The Sixth Amendment right to counsel applies to state criminal proceedings through the Fourteenth Amendment.
- Mapp v. Ohio, 367 U.S. 643 (1961) — Evidence obtained in violation of the Fourth Amendment is inadmissible in state courts (exclusionary rule).
Key Terms
- Probable Cause
- A reasonable basis for believing that a crime may have been committed.
- Arraignment
- A court proceeding at which a defendant is formally charged and enters a plea.
- Mens Rea
- The mental element of a crime — the intent or knowledge of wrongdoing.
- Actus Reus
- The physical element of a crime — the guilty act.
- Voir Dire
- The process of questioning prospective jurors to select an impartial jury.
- Habeas Corpus
- A legal action requiring a person under arrest to be brought before a judge; challenges unlawful detention.