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.
In1789, the Constitution was ratified by thirteen states. The first ten Amendments of the Constitution were ratified by 1791. These changes to the Constitution were later known as the Bill of Rights. The Bill of Rights was written so the people would have specific rights and freedoms. A few amendments were written to express rights that interpret the rights on a criminal trial.
When does the right to counsel attach. There is really no way to actually determine when the rights attach, because the guidelines are not clear in most cases. The rights to a counsel attaches when there are any judicial proceedings that will begin against the individual that is being accused of the crime. All individuals have the right to a counsel while undergoing interrogation by members of law enforcement. During arraignments and preliminary hearings the right to a counsel does attach.
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.
When it comes to crime and its relationship to the law there are several types. Criminal law is usually established by Congress or the state legislatures. It also surrounds the rights of an accused and criminal process that includes arrest, the arrangement, grand juries, pleas, discovery, pretrial hearings, trials, jury selection, and motions. The main purpose of criminal law is to decide the punishment for criminal offenses. A prosecutor must prove the person being accused committed a crime with a guilty mind beyond a reasonable doubt no matter how serious the crime is.
In line with this, the investigative department requests warrants to search for evidence, but they must be approved by the judicial branch. (Lynch, 1998) Most defenses that invoke the exclusionary rule are based on the lack of or improper application of search warrants. Those that support the continued use of the exclusionary rule argue that there must be this line between the police officers that are often emotionally involved in a case, and an impartial third party that can objectively review the evidence. Without this safeguard, citizens would have little protection from overzealous police officers who could search their homes and persons with almost anything serving as probable cause in their opinion. The fact that officers know that illegally obtained (but true) evidence will quite possibly be thrown out, and therefore dangerous criminals will be freed, will encourage them to follow the proper procedures.
The setting of an interrogation is formal and in a controlled environment conducted, only after the individual has been accused of a crime, and read their Miranda rights. When conducting either interviews or an interrogation, the most important thing is communication. Prior to the start of either one, the interviewee must be prepared with questions they want to ask, or other known facts about the case. Professionalism plays an important role while questioning or interviewing
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. There is also the arrest that goes
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.,
These rights include the right to counsel, the right to notice of the charges against them, the right to confront and cross-examine witnesses, and the right against self-incrimination. Similar to adult offenders, juveniles have a right to know and understand why they are being arrested, the right to be silent, and the right to an attorney. Not unlike adult offenders, a juvenile defendant should be able to make a phone call after arrest, have a right to a reasonable bond amount, and the right to be presented in court . At the time of the arrest. The officer has the liability of explaining a juvenile’s rights in a language that is intelligible to a juvenile.