| Criminal Justice as Rational: | Understanding Search and Seizure Procedural Law | | | | The focus of this paper is on the criminal justice as rational legal perspective and how it relates to my chosen topic of study, search and seizure procedural law. First I will give a brief background of this perspective using the pain and pleasure hypothesis as suggested by Jeremy Bentham, as well as the social contract theory relating to the rational legal perspective. I will then attempt to define and discuss the basic components of the rational legal orientation; democracy, the constitution and the rule of law. Using these three basic components of the rational legal perspective I will then be able to draw conclusions analyzing search and seizure procedural law and its relation to the rational legal orientation. Criminal justice as rational is a perspective of the criminal justice system that adopts the utilitarian belief that human beings are reasonable and rational creatures.
With this model, there is no second chance. The due process model focuses on individual liberties and rights and is concerned with limiting the powers of government. The focus is on the accused and on his or her rights. The focus is also on providing some balance to the power and authority of the state. Due process protections under the Constitution force the state to fulfill its burden of proving its case against the accused.
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& Dolatowski, J.J., 2010). SOURCES OF CRIMINAL LAW There are several sources of criminal law; the highest form of law being the Constitution. The constitution “guards personal liberties by restricting undue government interference.” (Schmalleger, F., Hall, D.E. & Dolatowski, J.J., 2010). In addition to the
Justice is defined as attaining fundamental fairness through due process and a reasonable and even-handed assessment of the facts. The primary purpose of Justice is to arrive at the most equitable conclusion of a dispute as is possible. The law does a good job of attempting to see justice done, but in many cases, strict adherence to the law can lead to unjust circumstances. The ultimate law of our nation is the United States Constitution. The part of the US Constitution that deals with procedural rights of a person accused of a crime is the Bill of Rights, the first ten amendments to the constitution.
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.
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 criminal Justice System in definition is the aggregate of all operating and administrative or technical support agencies that perform criminal justice functions. The basic divisions of the operational aspects of criminal justice are law enforcement, courts, and corrections. With each component they can in turn, be described in terms of functions and purpose. In the criminal justice system the key component of the law enforcement process are the warrant and booking. With the warrant it is in the criminal proceedings, a writ issued by a judicial officer directing a law enforcement officer to perform a specified act and affording the officer protection from damages if he or she performs it.
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.
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.