Criminal Procedure Policy CJA364 Criminal Procedure Policy The criminal justice system has its procedures and policies that help to control how it operates and to protect those that are in the criminal justice system. The Bill of Rights and the Constitution guarantees that the criminal justice system affords Due Process to all persons that are involved in the system. The fourth amendment gives the people the right to protect themselves and their possessions from unreasonable search and seizures. The Fifth Amendment states that a person shall not be held to answer any question indictment by a grand jury. The sixth amendment gives the people in the criminal justice system the right to a speedy trial.
A writ of habeas corpus is a directive from a court requiring the government to justify the imprisonment of a citizen. Because of the writ of habeas corpus guarantee, an individual cannot be held for more than a short period of time without being formally charged with a crime. (McNamara, 2010) The Due process clause also affords the accused of the right to trial by a jury of ones peers. These case are handled so that in a federal proceeding formal charges can not be levied without a grand jury hearing where an indictment must be issued. The jury trial and grand jury guarantees are intended to protect private citizens from over-zealous police officers, prosecutors and judges.
The free and voluntary rule comprised of the 14th Amendment due process clause the Fifth Amendment clause, the prevailing test representing the law of confessions. Miranda v. Arizona (1966) represents a case law entailing each of the abovementioned amendments in which a suspect not read their rights before questioning would have their case dismissed due to evidence obtained illegally. In addition, if read their Miranda rights and refused enables them to utilize the fourth amendment protection against incriminating themselves. In addition, the defendant typically guaranteed a court appointed attorney. The confession if given upon analyzed to determine if the confession passes the voluntariness test (Soree,
An example of due process would be Miranda Rights, “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have a right to an attorney. If you cannot afford an attorney, one will be appointed for you.” These rights are intended to protect the arrestees Fifth Amendment right to refuse to answer self-incriminating questions (Clark, R. 2013). In most cases, after a person has been arrested emotions and adrenaline can play a huge factor in their decision making, resulting in a false statement or confession.
In short, many of the legal safeguards American citizens enjoy under our constitution would not be guaranteed under the ICC. An issue with effective evidence for defense is also a problem with the ICC. Proff. Alfred Rubin of Tuffs University explains: "documents and testimony needed for an effective defense are hard to expose, there is no reason to expect the Bosnian Serbs to publish their internal records, or that the Serbian Serbs would want them". Diminished sovereignty Proponents for the ICC also argue the court is meant to compliment the states own criminal justice system, and is
The seven rights granted under the 6th amendment play a valid role in what our courts should offer to the defendant. First there is the right to a speedy trial; this guarantees “the right of a defendant to demand a trial within a short time since to be held in jail without trial is a violation of the "due process" provision of the 5th Amendment (applied to the states by the 14th Amendment).”(Definition of Speedy Trial) Next is the right to a public trial,
Blocks Attorney client privilege excludes reliable evidence. Had attorney client privileges not been in place the client would never have told the outright truth to his attorney anyway because they would know that whatever they tell their lawyer could be used to incriminate them in the court of law. It is better that the defendant is allowed to communicate with his attorney in private as to be properly represented and thus make the trial just and fair. Truth seeking is vital to prevent convicting the innocent In the case where the defendant is in fact, innocent the trials in both resolutions would have the same result, and thus reach the same conclusion. The only difference is when the defendant is guilty, meaning that this point
A case with murder, rape, and theft, has the same privilege only if the information is solid. If you call an attorney on the phone or walk I to get advice that do not stand under the attorney-client privilege. What this privilege is to help better serve the client informing a case. This privilege has honor, trust, and loyalty behind it. The attorney has to answer to the bar association if it is breached.
Plea-bargaining is essentially an agreement between the prosecutor and the accused in which the accused pleads guilty in exchange for a lesser sentence or a reduced charge. It is a recognized procedure in the criminal justice system that aims to reduce the clogging of cases in court. It is said that aside from the plea bargaining, the criminal justice system, state laws and the US Constitution provides the accused with different legal defenses which he can use to avoid conviction or to relieve him from criminal liability. These defenses are negative defenses such as the denial of the crime or affirmative defenses such as by admitting the crime but alleging circumstances such as self-defense, insanity, provocation, and violation of the right
Non- citizen prisoners’ do not have the right of habeas corpus (Haynes, W. 2002, p.5312) because they are not protected by the Constitution. However, they do have basic human rights that need to be met. Citizen detainees do have the writ of habeas corpus (Haynes, W. 2002, p.5312) because they are protected by the Constitution. However what is stated above may not be what the United State Supreme Court thinks. In Boumediene versus Bush case, the court voted that the detainees have the right to habeas corpus, because Cuba’s base is technically American territory.