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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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Disclaimer: The views and opinions of the authors expressed herein do not necessarily state or reflect those of the State of Georgia, and shall not be used for advertising or product endorsement purposes. Georgia State University College of Law and the authors of the works contained on this website do not assume or accept any legal liability or responsibility for the accuracy, currentness, or comprehensiveness of the content on this website. The content on this website does not in any manner constitute the issuance of legal advice or counsel. The information on this website is intended to provide resources that may aid the research of the topics presented, and are in no way a comprehensive list of sources one should consult on the topics presented. Please note that case law, statutory law, and administrative law may be modified and/or overturned. Additionally, because the laws vary between jurisdictions, the laws referred to herein may or may not be applicable to the law within the reader’s jurisdiction.