Criminal Justice is to protect individuals from crimes by controlling them. (The American Heritage Dictionary of the English/Language, Fourth Edition copyright 2000) Criminal Justice is a term used for the series of steps involved in proving any criminal activity like gathering evidences, arresting the accused, conducting trails, making defense, pronouncing judgment after the crime is proved carrying out punishment. (www.Legal-Explanations.com) Criminal activity is a very present element in society. Every society has a criminal justice system to deal with criminal activity and criminals. Law enforcement is the branch of the criminal justice system which is responsible for protecting the public by preventing and solving crimes.
The right to confront witnesses is stated that in the sixth amendment “In all criminal prosecutions, the accused shall enjoy the right to be confronted with the witness against him.” They are allowed to participate in the accused’s trial process. Trials cannot be conducted without him
Also, it is important in this process to prove a person guilty by legally-found facts and evidence. However the crime control model does not protect a suspected offender’s rights as much. The crime control model is based more on helping the victim, even if defendant’s rights are compromised. This model attempts to repress crime and give expansive power to police. It looks to find guilt rather than prove innocence.
Confidential Informants are told to do acts or buy thing that may be illegal, but they are doing it on behalf of the government (Zalman, M. (2011)). The third part is that there has to be a connection between the collected item of evidence and an unlawful act by the officer to get the evidence. The exclusionary rule is an important doctrine supporting the ideals of the Fourth Amendment of the United States Constitution. The Fourth Amendment gives the people protection under the criminal justice system from unreasonable searches and seizures. The amendment also explains how law enforcement should obtain information by search warrants based on probable cause.
The double jeopardy clause in the Fifth Amendment of the U.S. Constitution forbids the government from prosecuting individuals more than one time for a single offense and from imposing more than one punishment for a single act. The Constitution states “No person shall…be subject for the same offense to be twice put in jeopardy of life and limb.” Most state constitutions guarantee this right to defendants appearing in state court. States that do not specifically assure the right of double jeopardy in their laws, must still ensure the right to criminal defendants. States must uphold this right due to the guarantee in the Fifth Amendment by means of the doctrine of incorporation. Benton v. Maryland, 39 U.S. 784, 89 S. Ct. 2056, 23 L. Ed.2d 707 (1969), supports the the U.S. Supreme Court rules that the Fifth Amendment’s Double Jeopardy Clause is relevant to both state and federal proceedings.
Due process protections under the Constitution force the state to fulfill its burden of proving its case against the accused. I personally prefer the due process model rather than the crime control model, The crime control model assumes guilt by fact. The person is guilty unless proven innocent. This is one of the downfalls of the Crime Control Model. The concern with this model is a quick and speedy conviction despite the innocence of the alleged criminal.
In the 18th century most individuals were allowed to have his or her defense attorney present during criminal cases. There are certain fundamental rights that are safe guarded by the first set of eight amendments against the federal actions, and against those actions of the state by due process of law and the fourteenth amendment. Among these rights are fundamental rights of the accused individual to have aid from a counsel during criminal prosecutions. The rights of a defendant during a criminal trial to have aid from a counsel is a fundamental right that can lead to a petitioners trial and a fair trial, but a conviction without the aid of a counsel will violate the rights of that individual under the fourteenth amendment. Most of the time it is common for an individual to have assistance from a counsel offered to him or her in most cases, but it is not always necessary to have one.
Although the challenge for all communities is to balance the extent of powers required by police against the rights of ordinary citizens. In the eyes of justice and to ensure fairness is reached offenders have personal rights that the NSW police need to adhere to, if the offender feels that their rights have been breached or not correctly followed by authority they have the right to complain and report the circumstance to an NSW ombudsman or the police integrity commission, as they will investigate the
The 18th amendment provides protection to all citizens against unusual sentencing. In the United States constitution the judges and jury impose sentencing it must not be with the use of torture or any other brutal practice. In referring to the early U.S.supreme court cases that involve the issuing of sentencing a citizen for 50 years of hard and painful labor. The sentencing that imposed are not to be disproportional to the offender. The 18th amendment rules and governs how criminal justice system s will handle crimes when sentencing is involved.
The person who allegedly committed the crime has just as many rights as the victim, and their rights start the moment the arrest is made. The Due Process is a process designed to “guarantee all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property” (Due Process of Law. (n.d.)). People who are in jeopardy of becoming incarcerated for either a short of long period of time are entitled to legal protections such as: a right to an attorney and a trial by a jury of peers. It is services like this that help provide due process of law.