List of United States Supreme Court cases involving constitutional criminal procedure

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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).