Criminal procedure is the process related to the investigation, arrest, charging, and conviction or acquittal of a criminal defendant. Much of criminal procedure is comprised of processes and rules through which the government (state, federal, or municipal) enforces substantive criminal law and through which a criminal defendant’s Constitutional and other rights are protected.
The law of criminal procedure is primarily located in the applicable state or federal rules of criminal procedure and state and federal court opinions interpreting and applying Constitutional and other legal rights.
In Alaska, criminal procedure is governed by both state statutes and the Alaska Rules of Criminal Procedure, as well as applicable federal laws and constitutional protections. These procedures outline the steps from the initial investigation of a crime to the arrest, charging, and eventual trial of a defendant. They ensure that a defendant's rights, such as the right to a fair trial, the right to counsel, and protection against self-incrimination, are upheld throughout the criminal justice process. The U.S. Constitution, particularly the Fourth, Fifth, Sixth, and Fourteenth Amendments, provides the foundation for these rights, which are interpreted and enforced by state and federal courts. Alaska's criminal procedure also includes provisions for pre-trial motions, plea bargaining, jury selection, and the appeals process. These procedures are designed to balance the state's interest in enforcing criminal laws with the protection of individual liberties.