What is Criminal Procedure?

In short, Criminal Procedure is the application of the protections defined in the Fourth, Fifth, and Sixth Amendments to the United States Constitution. Courts have done increasingly thorough analyses of Fourth Amendment search and seizure cases involving digital property. The same can not be said of the Fifth and Sixth Amendments.

As I discuss my thoughts for redefining Criminal Procedure in the digital age, I will discuss my thoughts on adding the protections of the Eighth Amendment to the analysis. Improper use of digital property seized, collected, or otherwise of digital property can be cruel and unusual punishment. Even worse, cruel and unusual punishment by misuse of digital property by the government can be done without oversight of the courts, a finding of guilt beyond a reasonable doubt, or even probable cause that a crime occurred.

Important Editorial Note: On DigitalCrimPro, “Digital Property” will be used for all references to digital files, communications, etc., collected or held by an Federal, State, or Local Law Enforcement agency.