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List of United States Supreme Court cases involving constitutional criminal procedure

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Constitutional law
of the United States
Overview
Principles
Government structure
Individual rights
Theory
Main article: United States constitutional criminal procedure

The United States Constitution contains several provisions regarding criminal procedure, including: Article Three, along with Amendments Five, Six, Eight, and Fourteen. Such cases have come to comprise a substantial portion of the Supreme Court's docket.

Article Three

Jury Clause

See #Jury Clauses

Venue Clause

Fifth Amendment

Grand Jury Clause

Double Jeopardy Clause

Self-Incrimination Clause

Concerning only incrimination that occurs in the courtroom

Due process

See #Criminal due process

Sixth Amendment

Speedy Trial Clause

Public Trial Clause

Jury Clauses

Availability of the jury

Impartiality

Facts found

Size and unanimity

Vicinage

Information Clause

Confrontation Clause

Out-of-court statements

Face-to-face confrontation

Restrictions on cross-examination

Right to present relevant evidence

Compulsory Process Clause

Assistance of Counsel Clause

Choice of counsel

Appointment of counsel

Constructive denial

Critical stages

Conflict-free counsel

Ineffective assistance of counsel

Pro se representation

Eighth Amendment's Excessive Bail Clause

Fourteenth Amendment

Criminal due process

Also the Fifth Amendment

Proof beyond a reasonable doubt

Use of false evidence

Certain expenses for indigent defendants

Mental competence

Disclosure of exculpatory and impeachment material

Right to present a defense

Equal protection and criminal procedure

Selective prosecution

Racial discrimination in the jury pool and venire

Fair cross-section of the community

Discriminatory peremptory challenges

References

  • Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 20 Neb. L. Rev. 251 (1941).
  • Lester B. Orfield, A Resume of Supreme Court Decisions on Federal Criminal Procedure, 14 Rocky Mntn. L. Rev. 105 (1941).
  • Lester B. Orfield, A Resume of Supreme Court Decisions on Federal Criminal Procedure, 21 Neb. L. Rev. 1 (1942).
  • Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 30 Ky. L.J. 360 (1942).
  • Lester B. Orfield, A Resume of Decisions of the United States Supreme Court on Federal Criminal Procedure, 7 Mo. L. Rev. 263 (1942).
United States Fifth Amendment criminal procedure case law
Grand Jury Clause
Double Jeopardy Clause
Meaning of "same offense"
After acquittal
After conviction
After mistrial
Multiple punishment
Dual sovereignty doctrine
Other
Self-Incrimination Clause
United States Sixth Amendment case law
Speedy Trial Clause
Public Trial Clause
Impartial Jury Clause
Availability
Impartiality
Facts found
Size and unanimity
Vicinage Clause
Impeachment of verdicts
Information Clause
Confrontation Clause
Out-of-court statements
Face-to-face confrontation
Restrictions on cross-examination
Compulsory Process Clause
Assistance of Counsel Clause
Choice
Appointment
Conflict-free
Ineffective assistance
Uncounseled statements
Pro se representation
United States criminal due process case law
Reasonable doubt
Brady disclosure
Mental competence
Prosecutorial misconduct
United States equal protection and criminal procedure case law
Selective prosecution
Discrimination in jury selection
History
Racial exclusion in venire
Fair cross-section in venire
Peremptory challenges
  • *Glasser interpreted the Impartial Jury Clause of the Sixth Amendment. **Thiel and Edmonson were civil cases.
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