CHAPTER 5: SUBSTANTIVE CRIMINAL LAW AND PROCEDURE - Table of Contents
5.1 - Sources of Criminal Law and Procedure • 5.2 - Criminal Law - Title 18 • 5.3 - Criminal Procedure - Statutes and Rules • 5.4 - Juvenile Proceedings • 5.5 - Traffic Offenses - Title 42 • 5.6 - Municipal Ordinance Violations • 5.7 - Penalties • 5.8 - Federal Criminal Law • 5.9 - Defenses in Criminal Cases
5.3 CRIMINAL PROCEDURE - STATUTES AND RULES
Criminal procedure – the process by which the justice system resolves criminal charges – is found in statutes, rules and court interpretations of those statues and rules. Title 16 of the Colorado Revised Statutes, titled Criminal Proceedings is one of the two basic sources of the law pertaining to criminal procedure. Title 16 may be accessed through libraries and the internet in the same manner as just described for accessing the Criminal Code. Just as with the statutes governing criminal law, the statues governing criminal procedure are interpreted by judges and lawyers every day and disputes about the meaning are resolved through the appellate process.
In addition to the statutes, the Colorado Supreme Court has promulgated the Colorado Rules of Criminal Procedure. These Rules, (Crim. P.) along with all other court rules, may be found in the Colorado revised Statutes and are accessible in the same fashion. These rules constitute the second basic source of law pertaining to criminal procedure.
These statutes and rules govern the way that pretrial, trial and post-trial proceedings are conducted. For example, C.R.S. ¤ 16-4-101 and subsequent statutes govern how bail should be determined; C.R.S. ¤ 16-5-201 sets out the requirements for a proper charging document; Crim. P. 16 governs what information must be exchanged between a prosecutor and defense counsel prior to trial; and Crim. P. 24 governs the selection of jurors at trial.
These are just a few examples; virtually every possible procedure is addressed by some rule or statute. Selected criminal procedures that occur frequently are discussed in Chapter 4, the Overview of Criminal Cases, Chapter 7, Selected Criminal Procedures and Chapter 14, Post-Conviction Proceedings.
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