The Bill of Rights Introduction to Criminal Justice March 3, 2013 There are many legal rights that we have during a trial. This Bill of Rights provides certain rights to criminal defendants during trial. There are two aspects of the U.S. criminal justice system and they are the defendant is innocent until the prosecution can prove guilt beyond a reasonable doubt (NOLO: Law for All, 2013). Defendants have many other rights and here they will be discussed. 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.
At what stage in the criminal justice process does double jeopardy attach itself to the proceedings? . Double Jeopardy attaches when the jury is empanelled, the first witness is sworn, or a plea is accepted. Once jeopardy has attached, the full array of the Fifth Amendment protections against multiple prosecutions and multiple punishments takes hold. 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.
After booking, the accused will have an initial appearance where right to counsel is applied and the defendant will be notified of why they are being detained. C. Depending on the type of crime being evaluated, temporary release or detainment is determined based on Eighth Amendment Rights. D. Thesis- All citizens, guilty and innocent, are guaranteed the right to fair and speedy trials when they enter the criminal process. II. Beginning The Trial Process A.
However, with the “due process an individual is allowed their day in court if suspected of a crime because of United States constitution. Therefore giving that individual a right to a fair trial with an option for a jury of his or hers peers. It is the responsibility of the courts system to provide strong evidence on an individual accused of committing a crime beyond reasonable doubt. Strong evidence is important to avoid sending an individual to prison if they are innocent (Siegel, J. L.,
Criminal Procedure Michelle Taylor CJA/364 Barbara Mitchell October 31, 2011 Introduction The sixth amendment to the constitution of the United States says that an individual that is accused will have the right to a counsel during criminal procedures that will help to aid in defense of the accused individual. The subject of this paper will analyze the aspects of rights to a counsel. The development of rights to counsel will be examined. When the rights to a counsel is attached to criminal procedures,
The accused have the right to counsel which means that under the sixth amendment the accused has the right to representation by an attorney. The only mention of bail in the constitution is mentioned in six words I the eighth amendment stating that excessive bail shall not be required ("The United States Bill of Rights ", n.d).. This just means that the accused has a right to bail but not the right to pretrial release. If the accused is given bail the judge determines the amount of money that has to be paid to the court in order for the accused to be released prior to trial. If the accused appears in court the money is refunded at trial but if the accused refuses to appear then the money is not refunded and a warrant will be issued for his or her arrest.
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.
Jury Trial Analysis The United States Constitution guarantees all individuals certain basic rights and freedoms. When it comes to being accused of crime and the trial process, the Constitution offers the accused the Sixth Amendment right to a speedy trial and impartial jury among other things ("Sixth Amendment | Constitution | US Law | LII / Legal Information Institute," n.d.). Going forward, the rights of the accused during trial will be discussed, most importantly, the right to a speedy trial, an impartial judge, and an impartial jury. When it comes to the notion of a speedy trial, although the Constitution makes clear there is a right to it, it does not define what constitutes speedy. It actually was not until 1966 that the Supreme Court addressed the speedy trial provision of the Sixth Amendment in the court case United States v. Ewell.
The state and federal correction system Name Institution Date of submission Introduction Sentencing refers to the judicial determination of a legal sanction to be imposed on a person when found guilty of an offence (Ashworth, 2005). It’s one of the several stages of the criminal justice system which include crime prevention and maintenance of order, detection and enforcement, prosecution, adjudication, sentencing and administration of sentences. Punishment on the other hand refers to the infliction of a negative or an unpleasant experience on the offender in response to tan offence committed (Sorensen & Don, 2002). Punishment of crimes that can be heard on both state and federal levels can be different even though the crime may be the same depending on the sentencing guidelines. The different types of sentences have various objectives and impacts to the state.
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.