Chapter 1 Introduction to Criminal Procedure CHAPTER OVERVIEW Chapter 1 begins with a summary of the sources of rights in criminal procedure. Criminal procedure is mostly about constitutional rights. What’s more, it is about constitutional rights as primarily interpreted by the U.S. Supreme Court. State laws, agency policies, time-honored practices, and the like also set forth rules and guidelines, but the focus here is almost exclusively on rights spelled out in the U.S. Constitution—notably, those found in the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments. The second focus of this chapter is precedent. Criminal procedure is closely linked to history because of the importance of precedent. Before making decisions, courts almost always look to the past for the purpose of determining whether a case with similar facts has already been decided. If one has not, the Court will distinguish the present case and hand down a decision that may be relied on by some other court, at some later date. The following section focuses on the difference between theory and reality of criminal procedure. In the real world, the police and other criminal justice officials must act, and what they do does not always agree with decisions handed down by the courts. That is, the theoretical world of the courts can differ in important ways from the real world of law enforcement. Understanding that these two different worlds exist and that they can be at odds with one another will allow us to look at court decisions with a critical eye and a dose of reality. The balance between crime control and due process is discussed next. The crime control perspective emphasizes controlling crime, often at the expense of people’s rights. The due process perspective is concerned primarily with protecting people’s rights. Every court decision, policy, and action of the criminal justice system in response to the threat of crime must balance both of these concerns. The final section of this chapter outlines the structure of the Court system. It also discusses the responsibilities and jurisdictions of each level. The United States has a two-tiered court structure consisting of federal and state courts at the federal level. Three types of courts are relevant: district courts, circuit courts of appeals, and the U.S. Supreme Court. The district courts try cases involving violations of federal laws. The decisions of district courts are appealed to circuit courts of appeals and then to the U.S. Supreme Court. State court structures vary from one state to the next but generally consist of courts of limited jurisdiction, trial courts of general jurisdiction, intermediate appellate courts, and supreme courts. CHAPTER OBJECTIVES • Summarize the constitutional basis for criminal p