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 Ohio, criminal procedure is governed by a combination of state statutes, the Ohio Rules of Criminal Procedure, and federal law, including constitutional protections afforded to defendants. These procedures outline the steps from the initial investigation of a crime through the arrest, charging, and trial of a suspect, up to the point of conviction or acquittal. The Ohio Rules of Criminal Procedure provide detailed instructions on various stages such as arraignment, pre-trial motions, the conduct of the trial, and sentencing. Constitutional rights, including the right to a fair trial, the right to counsel, protection against self-incrimination, and the right to confront witnesses, are integral to the criminal procedure and are enforced by state and federal courts. Ohio courts interpret and apply these rules and rights to ensure that the criminal justice process is fair and that the rights of the accused are protected throughout the legal process.