Criminal Procedure Law Lecture Three: Trial Rights, Double Jeopardy, Due Process, and Post‑Conviction Review (Part 3 of 3) (Part 2)

This lecture provides an overview of crucial constitutional rights within the realm of criminal procedure, extending from the moment an individual faces charges through potential post-conviction challenges. It details Sixth Amendment trial guarantees, including the rights to a speedy and public trial, an impartial jury, confrontation of witnesses, and compulsory process. The lecture then addresses the Fifth Amendment's protection against double jeopardy, explaining when it attaches and relevant doctrines like the same-elements test and dual sovereignty. Furthermore, it covers the Fourteenth Amendment's due process and equal protection considerations, particularly as they relate to sentencing and prosecution, before discussing the right to counsel at trial and on appeal. Finally, the lecture explores the avenues and limitations of post-conviction remedies, such as habeas corpus.

This conversation delves into the essential aspects of trial rights, double jeopardy, due process, and post-conviction review, providing a comprehensive overview of key legal doctrines. It emphasizes the importance of the Sixth Amendment in ensuring fair trials, the complexities surrounding double jeopardy, the implications of the 14th Amendment on due process and equal protection, the right to counsel, and the intricacies of post-conviction remedies like habeas corpus.

Takeaways

Trial rights are crucial for ensuring fairness in the legal process.

The Sixth Amendment provides essential protections for defendants.

Double jeopardy prevents multiple prosecutions for the same crime.

The Blockburger test determines if two offenses are the same for double jeopardy.

The dual sovereignty doctrine allows both state and federal prosecutions.

Due process under the 14th Amendment ensures fairness in sentencing.

The right to counsel extends beyond just the trial stage.

Ineffective assistance of counsel can be challenged under Strickland.

Habeas corpus allows for post-conviction challenges to legality of detention.

AEDPA imposes strict limits on federal habeas petitions.

Sound Bites

"You can't systematically exclude groups."

"Crawford changed the whole framework."

"The key test is the Blockburger test."