Procedure | Resources | Sec. 5.5

Fundamentals of Procedural Law by Adam J. McKee

 

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Reading Assignment for Section 5.5

Read the following subsection from our online textbook: Section 5.5: Pretrial and Trial Rights.

Note: This section spans multiple pages, so be sure to review all pages to fully understand the material.

What You Will Learn

In this section, you’ll explore the crucial rights and procedures that shape the pretrial and trial phases of the criminal justice process. You’ll learn how prosecutors decide whether to charge a suspect, the purpose of plea bargaining, and the use of pretrial motions to shape case outcomes. Additionally, you’ll examine the fundamental rights guaranteed during a trial, such as the right to a speedy trial and the right to confront witnesses, and how these protections ensure justice and fairness.

Student Learning Outcomes for Section 5.5

  • SLO 1: Explain the decision-making process prosecutors use when determining whether to charge a suspect, including the role of prosecutorial discretion and its limits as established by key cases such as United States v. Armstrong and Wayte v. United States.
  • SLO 2: Analyze the legal principles behind a change of venue, including its role in safeguarding the right to a fair trial, as illustrated by landmark cases such as Sheppard v. Maxwell and Skilling v. United States.
  • SLO 3: Describe the plea bargaining process, including its benefits, criticisms, and constitutional requirements for fairness, citing cases such as Brady v. United States and Missouri v. Frye.
  • SLO 4: Evaluate the purpose and types of pretrial motions, including motions to suppress evidence and motions to dismiss charges, with reference to cases like Brady v. Maryland and Crawford v. Washington.
  • SLO 5: Outline the rights guaranteed during a trial, including the right to a speedy trial, an impartial judge and jury, confrontation of witnesses, protection against double jeopardy, and the right to compulsory process, using landmark rulings such as Barker v. Wingo, Batson v. Kentucky, and Washington v. Texas.

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Slide Presentations

Present from the web:

 

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Last Updated:  01/11/2025

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