Abstract
This paper looks at the six major steps in criminal procedure. It then examines evidence and the rules of evidence. Finally it describes the difference between lay witnesses and expert witnesses and what problems with them may be.

From the Paper
"There are several steps involved in criminal procedure - the six main ones being the commission of a crime crime detection by the police i e they investigate a complaint and find out that a crime has indeed been committed ..."

Tags:criminal procedure, evidence, witnesses

Abstract
The paper discusses how American criminal procedure outlines specific requirements that police must satisfy in initiating criminal investigations, conducting those investigations, detaining subjects of investigations, securing authorization to conduct searches, executing arrests for past crimes and for interrogating arrestees in police custody. The paper also explains how American criminal procedure provides the crucial distinction between the burden of proof in criminal matters, which is, by design, much more difficult to satisfy than the corresponding burden of proof for civil matters.

Outline:
Introduction
Constitutional Rights and Civil Procedure in Modern American Policing
Criminal Procedure and the Distinction Between Civil and Criminal Burdens of Proof

From the Paper
"In modern American policing, it is essential to understand criminal procedure because of the fundamental distinction between police authority to investigate past crimes. Whereas police have the authority to initiate criminal investigations of any crimes they observe first hand and to take action to apprehend violators in the process of committing crimes, that authority is substantially different with respect to past crimes not witnessed by police first hand (Zalman, 2008).
"Police may enter private property to pursue criminals in flight, to investigate crimes they observe, or to protect life and limb in emergency situations. However, where police investigations involve crimes already committed, they are limited in their investigative and arrest authority to the Fourth Amendment constitutional requirement to obtain a search warrant by first presenting evidence sufficient to establish probable cause to a judge or magistrate authorizing their search for specific evidence of particular crimes or an arrest warrant granting them the lawful authority to execute arrests for crimes not observed by police first hand (Schmalleger, 2008).
"It is also essential for police to understand the rules of criminal procedure that pertain to their authority to subject individuals to spontaneous criminal investigations, such as where police wish to question a potential suspect to a crime without sufficient probable cause to compel compliance or to conduct any search of the individual's person or his or her personal property or effects (Dershowitz, 2002; Schmalleger, 2008). In that respect, modern American criminal procedure does not allow police to initiate random investigations or to search individuals without specific probable cause of criminal activity."

Tags:investigations, searches, interrogations, custody, proof

Abstract
This paper explains that, according to Ferdico, the law of criminal procedure can be described as rules designed to balance the important government functions of maintaining law and order and protecting the rights of citizens. The author points out that the "plain-view" doctrine is the procedure or rule that guides the officer in making a search of an individual or their property and in making an arrest of an individual; items in "plain view" or out in the open for view, may be seized by police in evidence in making an arrest for illegal possession of drugs and weapons. The paper concludes that Ferdico not only understands but also explains thoroughly arrest, questioning and processing procedures as well as the trial and case proceedings which are required by law enforcement, prosecution and defense in the 'criminal court procedures'.

Table of Contents
Statement of Thesis
Introduction
Right to a Fair Hearing/Trial
Double Jeopardy
Arrest Warrant
Probable Cause
Use of Force
The Standard of "Reasonableness"
Plain-view Doctrine
The Carroll Doctrine
Escobedo and Miranda
Conclusion

From the Paper
"Ferdico relates that there exists a conflict since the more "emphasis on maintaining law and order" ends up involving "greater intrusions" in the lives and in relation to the rights of the individual. In other words, policies of the government that are originally focused toward protection of the individual and maintaining law and order in the community may very well result in increased breaking and disrespect of the law that sought to protect. Ferdico next gives the history of the development of U.S. law relating the historical facts concerning the U.S. Constitution and the accompanying Bill of Rights. The laws governing rules and procedures and protecting the rights of the individual are based on the principles of Constitution in the United States of America, which is a country governed by democracy."

Tags:balance, plain-view, arrest, trial, miranda

Abstract
This paper answers hypothetical scenarios on probable cause, arrest and search warrants. Additionally, it examines legal and illegal searches and affidavits. The paper concludes with a discussion of what constitutes probable cause and an overview of the rules of evidence.

From the Paper
"There are many exceptions to the rule of needing a warrant to search or make an arrest. For instance, a police officer who observes a crime in progress can arrest the perpetrator without having to get a warrant. If a criminal is seen leaving the scene of a crime, he can be arrested without a warrant. If a suspect is likely to get away or cause harm to others, he can be arrested without a warrant. If a suspect is likely to destroy evidence of..."

Tags:warrants, probable cause, arrest

Abstract
The paper notes that in the U.S. Muslim women are required to lift their veils for identification photos such as passports and drivers licenses. This paper provides a review of the relevant peer-reviewed and scholarly literature to demonstrate that such demands are not subjective, unreasonable and violative of religious freedom, as well as the right to privacy and due process, and that the state does in fact have a "right to see your face." A summary of the research and salient findings are presented in the conclusion.

Outline:
Review and Discussion
Conclusion

From the Paper
"According to this author, the judge in the case admitted the plaintiff's religious sincerity and considered Freeman's argument that comparable rights had been extended to isolationist Christian sects in the 1970s and 1980s, but pointed out that much had changed in the intervening decades and that the introduction of technology and new threats to the nation's security. The other arguments used by the plaintiff in support of her position that she had a right to a Florida driver's license without having to submit to a photograph of her entire face were likewise countered by the judge who pointed to the overriding security interests of the state and the innovations in technology that had been introduced over the years. In sum, the judge clearly stated that, "Plaintiff certainly has the right in America to wear her niqab and hijab in public and even while driving, but that is not the same thing as presenting a masked photo for ID purposes" (Freeman v. DMV, p. 12). "

Tags:religious, authority, acceptable, photographic, overriding, security

Abstract
This paper discusses the process by which a search warrant is sought and issued, emphasizing the Fourth Amendment requirements. The paper defines probable cause and the standard by which probable cause is met. The paper discusses the Katz expectation of a right to privacy, the exceptions to the warrant requirement, Terry stop, or stop and frisk, and the exigent circumstances exceptions.

From the Paper
"This paper shall discuss the outlines of the Fourth Amendment warrant requirement and the definiton of probable cause. In addition, two exceptions to the requirement will be discussed in detail. It will conclude with a discussion of the policy rational behind the exceptions. 1. Process by which a search warrant is issued. Under the Fourth Amendment to the U.S. Constitution, a search warrant is required for government agents to search in any place that has a reasonable expectation of privacy. There are two terms in this definition that are important to understand, as a preliminary matter."

Tags:fourth amendment, criminal procedure, terry stop

Abstract
This paper explores the evolution, history, and modern structure of the U.S. Criminal Court System. The paper looks at the appellate review process, federal rules of criminal procedure, and the appellate jurisdiction of the U.S. Supreme Court.

Outline
Evolution and History of the Criminal Justice System
Modern Structure of the Criminal Justice System
The Appellate Review Process
The Federal Rules of Criminal Procedure
The United States Supreme Court

From the Paper
"When the British first colonized the Americas, they adopted their centuries' old "Royal Privy Council" as a judicial system, as a separate branch of government. Prior to the American Revolution, the individual American colonies all developed and maintained their own criminal (and civil) justice systems with absolutely no uniformity among them, either procedurally or statutorily. More importantly, there was no official method for mediating disputes between citizens of different colonies."

Tags:disallowance, adjucate, lawmaking, justices, constitution, checks, balances, judicial

Abstract
This paper discusses and explains the two models of criminal process as put forward by H.L Packer. It goes on to provide information of decisions made by the Warren Court relating to criminal procedure, includes brief outlines of four cases and explains the limitations of the Warren Court.

Outline:
Packer's Two Models of the Criminal Process
The Warren Court
Miranda v. Arizona, 384 U.S. 436 (1966)
Escobedo v. Illinois
Gideon v. Wainwright
Mapp v. Ohio
Limitations of the Warren Court

From the Paper
"The Warren Court was known as a liberal court. It served during the years 1963 to 1969, at which time five liberals sat at the court. This court "created the revolution in constitutional criminal procedure," which revolution centered on the upholding of essential civil rights. The Warren Court imprinted Earl Warren's policies on every decision it promulgated, making the impression that the court has taken on an activist stance. Years later, this activist attitude of the Warren Court led to calls on the judiciary to exercise judicial restraint. (Earl Warren). Despite the revolution and political uproar that the Warren Court caused, its decisions, together with the policies underlying them, provide a fertile ground for discussion of the whole Due Process Model-Crime Control Model debate."

Tags:operation, ideals, judicial

Abstract
This paper analyzes a scenario in which officers observe men loitering in a high crime area who flee in a car on seeing the police. The police give chase, stop them, and see stolen goods in the car. An arrest is made. The legality of the arrest is then discussed.

Tags:probable cause, search and seizure

Abstract
This paper describes hypothetical cases and looks at the warrants needed for various types of arrests and searches. It looks at affidavits needed to get search warrants. It looks at probable cause for search but not arrest, probable cause for arrest but not search, and probable cause for search and arrest.

From the Paper
"In the United States an arrest warrant is issued by the courts or by Houses of Congress or other legislatures. Arrest: An arrest warrant must be supported by a signed and sworn affidavit showing probable causes that a specific crime has been committed and the ..."

Tags:arrest warrants, search warrants