What Are Criminal Procedures?

Criminal procedures refer to the rules, regulations and steps that all criminal law proceedings must follow. Procedural justice ensures that all individuals’ constitutional rights are upheld and that justice is carried out fairly.

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Read time 6 minutes

GCE Editorial Team

Published on Sep 10, 2025

Criminal procedure establishes the rules and regulations that must be adhered to during all criminal law proceedings, from investigations to sentencing. What is criminal procedure’s main purpose? These rules and regulations serve to ensure that individuals’ rights are protected (such as the right to due process) and that justice is carried out fairly and in accordance with the law.¹

If you intend to pursue any type of career in law, it’s important to become familiar with these fundamental legal concepts. Legal professionals have a responsibility to ensure that everyone’s constitutional rights are safeguarded, regardless of what they may be accused of or what they’re on trial for. Legal procedures may vary in accordance with municipal, state or federal law, but across all levels, an individual's constitutional rights must be upheld at every point of interaction between the individual and the justice system.

No matter which type of career in law you may be interested in, it’s important to understand that procedural justice is fundamental to the legal system in the U.S.

What Is Criminal Procedure?

Criminal procedures refer to all laws that government employees, including police officers and judges, must follow when investigating and prosecuting suspected criminal activity. This concept also involves the steps that government employees must follow — from investigation to sentencing. These procedures are critical for upholding every U.S. resident's constitutional rights while ensuring fairness and impartiality in justice settings.

The purpose of procedural justice is twofold:¹

To protect the right of everyone to due process and equal protection
To ensure that justice is fair and impartial, and is carried out in accordance with all laws

From investigation and prosecution to adjudication and punishment, these procedures are the underpinnings of the criminal justice system in the U.S, and they are crucial at all levels:¹

Federal: The criminal justice system at the federal level must adhere to the Federal Rules of Criminal Procedure. These rules incorporate all constitutional protections, including due process, equal protection under the law, the right to legal counsel and the right to a jury trial.
State: Each state can establish its own legal procedures, although many closely follow the Federal Rules. All procedures established by states must continue to uphold the rights that were established by the U.S. Constitution.
Municipal: Local municipalities can enact their own procedures for criminal proceedings. However, these municipal rules and steps must not violate state or federal regulations and requirements, nor can they erode an individual’s constitutional rights.

As a student exploring legal studies, you’ll be expected to examine the rules of procedural justice to understand the theory as well as the practical applications.

Overview of the Legal Process in Criminal Procedure

Procedural rules establish the steps a criminal case must follow through the legal system. You can expect your legal studies coursework to prompt you to analyze these steps, such as through case studies. These legal procedures include:¹

Investigation and arrest: Law enforcement officers cannot arrest someone without probable cause or a warrant. To develop the grounds for an arrest, they must conduct an investigation to acquire evidence and information. If the investigation provides probable cause, officers can make an arrest and inform the suspect of their rights. All suspects are presumed innocent until proven guilty.
Filing of charges and arraignment: A prosecutor must then decide whether to charge the suspect, and if so, which charges to file. If charges are filed, the suspect is arraigned. This step takes place before a judge. The suspect is read the charges against them and must plead either guilty or not guilty.
Pre-trial procedures: If the suspect pleads not guilty, the case goes through pre-trial procedures. These include discovery (obtaining and exchanging information) and pre-trial motions, such as motions to change the venue or dismiss the case.
Trial: If the case goes to trial, the prosecution presents their case against the defendant. The defense attorney for the accused seeks to refute the evidence and defend the suspect’s rights. The prosecution has the burden of proof, which means they must prove the defendant is guilty beyond a reasonable doubt.
Sentencing: If the suspect has pleaded guilty or is found guilty at trial (convicted), the judge conducts a sentencing hearing to order an appropriate punishment in accordance with applicable laws and in consideration of various factors, such as the nature of the crime and mitigating circumstances.
Appeals: Following a conviction, the defendant may decide to appeal the case to a higher court, such as on the basis of errors made by the prosecution or the lower court.

Key Legal Protections and Rights

Along with understanding the procedural steps of a criminal case, it’s essential for those working in law-related careers to understand the constitutional rights guaranteed to everyone in the U.S. These include:³

Due process: Guaranteed by the Fifth Amendment of the Bill of Rights, due process means that individuals have the right to be treated fairly in accordance with the rules of the justice system. The Fifth Amendment states in part: “No person shall… be deprived of life, liberty or property without due process of law…” The Fifth Amendment clearly states that the right to due process applies to all within U.S. borders, meaning that no one can be convicted of or punished for a crime without the case proceeding through the justice system.
Right to counsel: The Sixth Amendment states that all individuals in the U.S. have the right to “assistance of counsel” for their defense. In other words, all individuals accused of a crime have the right to representation and guidance from a lawyer. They may either arrange for their own lawyer, or they may have an appointed public defender.
Speedy and public trial: Also found in the Sixth Amendment is the right to a speedy and public trial by an impartial jury. This right guarantees that authorities cannot hold a defendant in custody for an extended or indefinite period of time without due process, and that criminal justice proceedings cannot be hidden from public scrutiny.
Protection from unlawful search and seizure: This constitutional right is found in the Fourth Amendment. In part, it reads: “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause…” This amendment protects individuals from being subjected to search, arrest and/or seizure of property on the basis of unfounded suspicions.

What Is the Main Difference Between Criminal Law and Criminal Procedure?

While criminal law and procedures closely overlap, there are significant differences that legal studies emphasis students should be aware of. Criminal law establishes the activities or behaviors that constitute a violation of law — in other words, it defines what crimes are. Criminal law also establishes the penalties that may be imposed for different crimes.

In contrast, legal procedures are the rules and steps that require the fair and just enforcement of those laws in the criminal justice system. Whereas criminal law might be thought of as protecting the rights of crime victims to see justice served, procedural justice protects the rights of the accused.

It’s essential for legal studies emphasis students to develop an understanding of both of these concepts in order to develop a more complete working knowledge of the criminal justice system. Developing competencies in procedural justice and criminal law is foundational to pursuing any type of law-related career.

Related Article: Types of Law Careers

Why Examine Criminal Procedure in College?

If you’re thinking of pursuing a career in a law field, examining procedural justice in college is an essential step toward your goals. Procedural justice is used across legal settings. Law enforcement officers must respect and uphold the rights of suspects when investigating crimes and making arrests.

Correctional officers similarly must ensure that no one in custody experiences the violation of their constitutional rights. In courtrooms, judges must follow proper steps and ensure suspects’ rights are upheld during hearings and trials.

Those pursuing legal careers need a strong knowledge of the law, along with analytical problem-solving, professional ethics and integrity.²

Turn Your Interest in Justice Into a Career

Procedural steps and rules provide an established rulebook for ensuring a fair and impartial justice system. If you’re passionate about justice and protecting the constitutional rights of others, consider pursuing a degree that teaches key legal competencies.

Grand Canyon University offers the Bachelor of Arts in Government with an Emphasis in Legal Studies online and on campus to students with a passion for law. This legal studies emphasis teaches the foundational principles and procedures of the criminal justice system. Fill out the form on this page and connect with a university counselor to discuss the possibilities at GCU.

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Examine key competencies in law enforcement and legal procedures. Earn a legal studies emphasis at GCU.

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