Federal Criminal Procedure: The Basics

Federal criminal procedure is among the most important topics in American law. How are crimes investigated? What are the rights of the accused? These questions involve fundamental issues with which courts have struggled to provide a framework that is both fair and just for centuries. In the United States, a rich corpus of case law provides practitioners with guidance as to how to represent those accused of criminal behavior.

This course examines the various stages of a federal criminal prosecution, including the requirements for probable cause, appearances before a magistrate, arraignment, pretrial motions, trial, and sentencing. It also discusses major policy issues such as crime control and due process models of criminal justice, along with ethical considerations and political concerns.

Moreover, this course covers the Fourth Amendment, search and seizure (including search warrants), lawful arrests, Miranda v. Ohio, interrogation, the right to counsel, and the Fifth Amendment right against self-incrimination.

Learning Objectives: 

1. Understand the mechanics of basic federal criminal procedure with respect to how investigations work
2. Avoid common pitfalls facing federal criminal practitioners
3. Refer to case studies examining situations where various procedural and substantive rules are relevant
4. Learn practical tips for representing federal criminal defendants