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 Vermont, criminal procedure is governed by both state statutes and the Vermont Rules of Criminal Procedure. These rules outline the steps for conducting criminal trials, from investigation to arrest, pretrial motions, trial, and sentencing. Vermont's criminal procedure ensures that a defendant's rights under the U.S. Constitution, such as the right to a fair trial, the right to counsel, and protection against self-incrimination, are upheld throughout the criminal justice process. Additionally, federal rules and constitutional protections apply to criminal proceedings in Vermont, particularly those rights enshrined in the Fourth, Fifth, Sixth, and Fourteenth Amendments. Vermont courts interpret and apply these rules and constitutional rights to ensure that the criminal justice system operates fairly and justly, balancing the enforcement of criminal laws with the protection of individual liberties.