Freedom and Criminal Procedure in Philosophy

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The notion of freedom and criminal procedure in philosophy Freedom in philosophy according to indeterminists means that no laws are operating. It is a random, arbitrary, unpredictable, irrational form of behaviour. It is an attribute of will, springing from instinct, passion, chemistry and mental status. Freedom is the condition of being free or unrestricted. It can also be defined as personal or civic liberty. Criminal procedures are safeguards against the indiscriminate application of criminal laws and wanton treatment of suspected criminals. They are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing and appeals. Freedom is brought out in criminal procedure since the rights and freedoms of criminals are protected by the constitution. According to the constitution, the rights and fundamental freedoms belong to each individual and are not granted by the state. This supports the views by John Locke, a philosopher, whose argument was that every person has certain rights which are not granted by the governmental authority but are universal and belong to every person. These are rights such as human dignity, right to life, right to the order of habeas corpus and the right to be protected against inhumane treatment. In Criminal Procedure, the suspect when being arrested is privileged to have certain freedoms. The police officer arresting a person must tell that person what the charges against him are, of his right to remain silent and his right to an advocate. If the police officer does not do this, then the arrested person has the right or freedom to be released since his rights have been infringed. Furthermore, the arrested person has the right from double jeopardy which is the right not to have multiple trials conducted against him for

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