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Attorney and criminal justice educator James K. Record explains how rules involving searches, evidence, questioning, and due process influence the justice system long before a case reaches trial.
QUINCY, Illinois, Sep 24, 2026, ZEX PR WIRE — Criminal procedure is often associated with courtrooms, attorneys, and judges. James K. Record understands its influence begins much earlier.
Record, an attorney and criminal justice educator who is set to join Quincy University as an Associate Professor of Criminal Justice in January 2027, has spent the majority of his career studying and working within the criminal justice system. His experience includes prosecution, criminal defense, advanced study in criminal law, and teaching in higher education.
Across those roles, one lesson has remained consistent: criminal procedure is not simply a collection of legal statutes and case law. It provides the framework for how the entire criminal justice system operates.
“When people hear criminal procedure, they may immediately think about what happens during a trial,” Record said. “But many of the important procedural questions arise before anyone enters a courtroom. How the police become involved, how evidence is handled, and how people are questioned, searched, and seized all become extremely significant as the case progresses.”
Criminal Procedure Begins Before a Trial
The criminal justice process can involve a long series of decisions before a case reaches a judge or jury.
Stops, searches, and seizures are examples. Law enforcement officers must operate within constitutional and legal requirements when determining when and how a stop, search, and/or seizure may occur. Those decisions influence whether evidence can be considered in the criminal proceeding.
Investigative questioning of persons of interest presents similar issues. The circumstances surrounding an interview or interrogation have significant implications, including whether statements by a person are admitted into evidence and what legal protections may apply.
Record has expert understanding of these rules and their importance not only for attorneys but also for students preparing for careers throughout the criminal justice system.
“A person working a potential crime may make decisions early in the process that can have long lasting and consequential effects down the road,” Record said. “That is why an understanding of criminal procedure is crucial. Any and all decisions made are of extreme importance.”
Evidence Is More Than What It Appears to Show
Evidence can seem straightforward when viewed outside the legal process. An object was found. A statement was made. A test produced a result.
Criminal procedure requires a much deeper understanding of those questions.
Where did the evidence come from? How was it obtained? Was it preserved correctly? What does it establish? What are the limits to the conclusions that can reasonably be drawn from it?
Record’s interest in these questions also overlaps with his work in forensic law. He is affiliated with the American Academy of Forensic Sciences through its Jurisprudence section.
“Forensic evidence can be persuasive because people associate science with certainty and expect such evidence at trial. It’s called the CSI Effect” Record said. “But criminal justice professionals still have to understand whether it is admissible evidence, how it was obtained, and what limitations may exist. The label attached to evidence does not eliminate the need to examine it carefully and understand whether or not it can be used at trial.”
For students, critical thinking and problem solving as well as the ability to clearly communicate is equally important as learning the terminology associated with different forms of evidence.
Due Process Shapes the Larger System
Record sees the term “due process” as a concept that can easily be misunderstood when simplified to a textbook definition.
At its core, due process establishes protections governing how the government interacts with individuals through the legal system. Those protections influence investigations, criminal charges, evidence, hearings, and trials.
They also serve a broader purpose.
“Procedure can sometimes be frustrating because it requires police and criminal justice professionals to question what actions can be taken in a fluid situation,” Record said. “But the law of criminal procedure and the constitutional rights attached are extremely important to every citizen. A justice system has to be concerned not only with reaching outcomes, but also with how those outcomes are reached.”
Understanding how criminal procedure and constitutional rights intersect is of vital importance in criminal justice education.
Students may initially focus on whether they believe someone committed an offense. Record argues that criminal justice education must teach them to consider additional questions. Was the investigation conducted properly? What evidence can be admissible and why? What legal conclusions can be made? Were constitutional protections protected?
Those questions require thought, knowledge, understanding and judgment; not quick decisions.
Bringing Legal Practice Into Criminal Justice Education
Record’s perspective has been shaped by experience on both sides of the courtroom.
After earning his Juris Doctor, he worked as an Assistant Ocean County Prosecutor. He later gained criminal defense experience and became a Certified Criminal Trial Attorney.
Record subsequently returned to advanced legal study, earning an LLM (Masters of Law) in Criminal Law with Honors from SUNY at Buffalo Law School.
He later accepted an Assistant Professorship at California University of Pennsylvania, allowing him to bring real life examples from his legal practice into the classroom. His experience is as unique as it is extensive.
“Understanding the rules is a beginning,” Record said. “The harder part is learning how to recognize when and how those rules matter, how to apply them to a complicated set of facts, and to anticipate what questions will still need to be answered.”
Record is expected to continue that approach when he joins Quincy University in January 2027.
For him, teaching criminal law and procedure is much more than preparing students to remember court decisions and legal standards. It is about helping them understand the ethical responsibilities that come with working in a system where individual decisions can have life altering consequences.
“Criminal procedure gives rules and structure to the justice system,” Record said. “Whether someone becomes an attorney, works in law enforcement, studies forensic evidence, or takes another path in criminal justice, understanding those rules and structure in an ethical way will help them to navigate a successful future.”
About James K. Record
James K. Record is a licensed attorney and criminal justice educator whose professional interests include criminal law, criminal procedure, police/citizen encounters and forensic law. His career has included work as an Assistant Ocean County Prosecutor, criminal defense, and service as an Assistant Professor at California University of Pennsylvania. He earned his JD from Thomas M. Cooley Law School and an LLM in Criminal Law with Honors from SUNY at Buffalo Law School. Record is affiliated with the American Academy of Forensic Sciences through its Jurisprudence section and is a member of the Washington, DC and United States Supreme Court Bar Associations. In January 2027, he will join Quincy University in Quincy, Illinois, as an Associate Professor of Criminal Justice.
Disclaimer: The views, suggestions, and opinions expressed here are the sole responsibility of the experts. No Market Encore journalist was involved in the writing and production of this article.
