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

'Omar Magatheh v. Noran Magatheh, 129 S. Ct. 1283 (2009)

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).