Criminal Procedure

  • This Subject Area Index lists all CALI lessons covering Criminal Procedure.
  • The Criminal Procedure Outline allows you to search for terms of art that correspond to topics you are studying to find suggestions for related CALI Lessons.
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Administrative Searches

This lesson explores the countless "administrative" searches governed by the Fourth Amendment that occur every day without warrants or probable cause, in public schools, jails and prisons, factories and offices, and at vehicle checkpoints and border crossings. It examines the US Supreme Court's "balancing methodology" applied to these non-traditional "special needs" searches in the context of drug testing, searches in prisons and jails, vehicle inspections and checkpoints, and border searches. The lesson has separate units for each of these subjects and concludes with an essay question.

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Consent Searches

This lesson explores some of the rules surrounding police searches based on a citizen's consent. Students will be able to critically examine the law and the policies that permit consent searches under certain circumstances.

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Defining the Term "Search"

This lesson is designed to help students understand the term "search" as it is used under the Fourth Amendment. As we shall see, the term is a term of art which does not always correspond to popular conceptions or definitions of the term search. In this lesson, we explore the various facets and definitions of the term. This lesson is intended for students who have studied these issues in class and who would like to refine their knowledge.

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Double Jeopardy

In this lesson, you will learn about the application of the Double Jeopardy Clause to criminal prosecutions. You will consider such topics as the attachment of jeopardy, the definition of "same offense," and the dual sovereignty doctrine.

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The Exclusionary Rule

This lesson will discuss the Exclusionary Rule, the circumstances under which it may be raised, and two important exceptions to its use -- the Impeachment Exception and the Leon Good Faith Exception. The lesson will not cover the Fruit of the Poisonous Tree Doctrine. That doctrine, which builds upon the information covered in this lesson, is covered in a separate lesson. It is highly recommended that you complete the separate lesson on the Fruit of the Poisonous Tree Doctrine shortly after you complete this lesson.

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Exigent Circumstances

This lesson explores the circumstances under which and reasons why courts will dispense with the requirement for a search warrant. Students should have a general familiarity with the Fourth Amendment. Although no specific advance reading is required, it would probably be best to have reviewed the CALI search warrant lessons first.

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Fourth Amendment Overview

This lesson is designed to introduce students to the Fourth Amendment prohibition against "unreasonable searches and seizures." The goal is to provide students with an overview of the history of the Fourth Amendment, as well as an introduction to the warrant requirement and the concept of warrantless searches. The lesson is intended for students who have studied these issues in class, and wish to refine their knowledge.

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The Fruit of the Poisonous Tree Doctrine

This lesson will cover the Fruit of the Poisonous Tree Doctrine, its application, and its three exceptions. The Fruit of the Poisonous Tree Doctrine lesson builds upon information covered in the Exclusionary Rule lesson. Although you may complete the lessons in any order, it is highly recommended that you complete the separate lesson on the Exclusionary Rule before you complete this lesson.

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Identifications in Criminal Cases: Law and Practice

This lesson examines identification procedures in criminal cases through a short exploration of problems that can arise in making an identification, a primer on basic constitutional rules and the problem of suggestiveness, and a simple criminal case in which you act as an investigator and see the legal consequences of choosing different identification procedures. A concluding essay question gives you a chance to test your knowledge.

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Miranda I: Custody, Interrogation and Waiver

This lesson reviews Miranda v. Arizona, 384 U.S. 436 (1966), one of the most well known and important cases ever decided by the United States Supreme Court. The lesson reviews the reasoning and holding of Miranda and examines the issues of custody, interrogation, and waiver. A different lesson, Miranda II, explores issues relating to the assertions by a suspect of the rights provided by Miranda; the application of the exclusionary rule to violations of Miranda; and exceptions to and limits on the Miranda rule.