United States constitutional criminal procedure | Wikipedia audio article
Channel: wikipedia tts
Date: 2018-12-04

This is an audio version of the Wikipedia Article:
United States constitutional criminal procedure


00:01:57 1 Relevant text
00:03:52 2 History
00:05:53 3 Pre-trial procedure
00:06:03 3.1 Bail
00:07:21 3.2 Grand Jury
00:09:25 3.3 Information
00:10:24 3.4 Speedy trial
00:11:27 3.5 Venue
00:13:18 4 Trial procedure
00:13:27 4.1 Compulsory process
00:14:16 4.2 Confrontation
00:17:03 4.3 Petit jury, impartiality, and vicinage
00:20:50 4.4 Public trial
00:21:55 4.5 Self-incrimination
00:23:34 5 Double jeopardy
00:26:50 6 Assistance of Counsel
00:31:40 7 Clauses of general applicability
00:32:04 7.1 Due process
00:37:42 7.2 Equal protection
00:40:57 8 See also



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SUMMARY
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The United States Constitution contains several provisions regarding the law of criminal procedure.
Petit jury and venue provisions—both traceable to enumerated complaints in the Declaration of Independence—are included in Article Three of the United States Constitution. More criminal procedure provisions are contained in the United States Bill of Rights, specifically the Fifth, Sixth, and Eighth Amendments. With the exception of the Grand Jury Clause of the Fifth Amendment, the Vicinage Clause of the Sixth Amendment, and (maybe) the Excessive Bail Clause of the Eighth Amendment, all of the criminal procedure provisions of the Bill of Rights have been incorporated to apply to the state governments.
Several of these rights regulate pre-trial procedure: access to a non-excessive bail, the right to indictment by a grand jury, the right to an information (charging document), the right to a speedy trial, and the right to be tried in a specific venue. Several of these rights are trial rights: the right to compulsory process for obtaining witnesses at trial, the right to confront witnesses at trial, the right to a public trial, the right to a trial by an impartial petit jury selected from a specific geography, and the right not to be compelled to testify against oneself. Others, such as the assistance of counsel and due process rights, have application throughout the proceeding.
If a defendant is convicted, the usual remedy for a violation of one of these provisions is reversal of the conviction or modification of the defendant's sentence. With the exception of structural errors (such as the total denial of counsel), constitutional errors are subject to harmless error analysis, although they must be harmless beyond a reasonable doubt. With the exception of a Double Jeopardy or Speedy Trial violation, the government will usually be permitted to retry the defendant. Pursuant to the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), these provisions are the source of nearly all reviewable errors in federal habeas review of state convictions.