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Criminal Procedure

The Rules of Criminal Procedure

In Georgia, the Rules of Criminal Procedure are in Title 17 of the Official Code of Georgia Annotated. Although most of the important statutory law is contained here, you should still thoroughly research the rest of the O.C.G.A. to ensure that you find all of the relevant law. In addition, the U.S. Constitution (and its Ga. counterpart) are important source of law for criminal procedure. 

The Federal Rules of Criminal Procedure are promulgated by SCOTUS pursuant to its power under the Rules Enabling Act. You should also be sure to thoroughly research an annotated version of the United States Code (such as the U.S.C.A. or U.S.C.S.) to ensure that you find all the relevant law. In addition, don't forget about the U.S. Constitution-- it is an important source of law in this area. 

Constitutions

Several provisions of the U.S. Constitution (including the 4th, 5th, and 6th amendments) are important sources of criminal procedural law that apply in both federal and state (via the 14th am.) prosecutions. Many of the protections found in Georgia's Constitutional are similarly applicable. 

Cases

You can search for relevant cases using the links below. However, you should also make sure to take advantage of other case-finding tools, such as statutory annotations and American Law Reports. For help using these tools, see our Introduction to Legal Research. 

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