State Criminal Procedure in the United States

Criminal Procedure: in the United States State Criminal Procedure:

Introduction to State Criminal Procedure

A person prosecuted in the courts of a particular state on a charge of violating the criminal laws of that state is subject to state criminal procedure. State criminal procedure is found in the constitution, statutes, rules, and judicial decisions of that state. Furthermore, portions of the U.S. Constitution are applicable to state criminal defendants.

State constitutions generally guarantee a state criminal defendant most of the same rights that a federal defendant is provided by the Bill of Rights. Some states have provisions that vary from federal constitutional requirements. For example, in a number of states criminal charges need not result from the proceedings of a grand jury. Instead, a judge determines whether or not the accused person should be tried after reviewing the evidence during a preliminary hearing. States may provide greater rights for criminal defendants than the U.S. Constitution guarantees.

The Supreme Court of the United States has required states to provide to criminal defendants most of the procedural guarantees in the U.S. Constitution. For example, states must recognize the Fifth Amendment right to avoid self-incrimination. In addition to these specific rights, the states are required by the U.S. Constitution to guarantee due process. The 14th Amendment, passed after the American Civil War (1861-1865), reads in part, “nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Like the 5th Amendment, which applies to federal criminal procedure, the 14th Amendment requires the states to maintain certain minimum standards of fundamental fairness in their laws concerning criminal procedure. For instance, prosecutors may not systematically exclude members of a particular race or gender from a jury. State convictions that result from proceedings that violate the minimum standards required by the 14th Amendment can be set aside by the federal courts through the process of appeal if the state courts themselves do not do so first.” (1)

Resources

Notes and References

• Information about State Criminal Procedure in the Encarta Online Encyclopedia

Guide to State Criminal Procedure

In this Section

Criminal Procedure, Federal Criminal Procedure, State Criminal Procedure