Cja 364 Criminal Procedure Policy

1131 Words5 Pages
CRIMINAL PROCEDURE POLICY 1 Criminal Procedure Policy CJA/364 – Criminal Procedures December 5, 2011 CRIMINAL PROCEDURE POLICY 2 The United States Constitution was written in 1787 by James Madison, and signed in 1789 when it included the first 10 Amendments that referred to the Bill of Rights. Other Amendments were added in 1795 as well as other Amendments that were added later. The United States Constitution is the world's longest surviving written charter of government. (www.usconstitution.net/consttop_bor.html). Due Process of law is part of the clause in the Fourteenth Amendments, which was added in 1868. The Constitution, and the Amendments were put in place to protect all people and their rights as United…show more content…
(caselaw.findlaw.com/data/constitution/amendment04/). Four models of the Fourth Amendment provide protection: a probabilistic model, a private facts model, a positive law model, and a policy model (Stanford Law Review, p. 503). Exceptions of the right of privacy, is not as stringent in a person’s vehicle. If one’s behavior is suspicious, an officer may impound the vehicle or search its contents without a warrant. The Fifth Amendment to the Constitution According to Tom Head’s Civil Liberties, and the Fifth Amendment, a person cannot be held for questions in a capital crime unless an indictment has been issued by a Grand Jury. The military; however, have their own set of rules for their soldiers. Another right is that no one should be tried for the same crime twice, which is called double jeopardy. Also a defendant cannot be forced to testify against his or himself because he or she may incriminate him or herself. The Fifth Amendment also states the no one shall be deprived of life, liberty, or property without Due Process of Law. No property (unless in plain view) shall be seized without a warrant. The Sixth Amendment to the…show more content…
Due process promises people the right to a speedy trial. The equal opportunity clause promises that the law will not discriminate against any person because of his or her differences. This amendment protects people against state and federal laws. Due Process and Crime Control Models Due Process The Fifth, Sixth, and Fourteenth Amendments to the United States Constitution, requires due process, which is a requirement that the justice system officials respect the rights of those who have been accused of a crime. The three requirements for police officers are: 1) search and seizure, 2) arrests, and 3) interrogation (Criminal Justice Today, p. 127-128). Due Process also protects people from his or her rights violated under state laws. Crime Control Models and Due Process Model In the late 60s, Stanford University Professor Herbert Packer introduced the theory of the Criminal Control Model, which states that there should be efficient arrests and conviction of those who break the law (Criminal Justice Today). The concerns of this model seem to view the importance of arrests and convictions, rather than the individual who commits the crime. The CRIMINAL PROCEDURE POLICY

More about Cja 364 Criminal Procedure Policy

Open Document