Criminal Law Foundations Evaluation

Criminal Law Foundations Evaluation

Introduction

Criminal procedures are protection against discriminatory use of criminal laws and unjustifiable behavior of supposed criminals. They are made to make sure that the constitutional rights of suspects, and defendants are enforced starting from preliminary police contact, and go on through the detention, inspection, trial, verdict, and appeal. The significant constitutional amendments regarding these procedures can be established in Amendments 4, 5 and 6 to the U.S constitution. Under the Bill of Rights and Supreme Court understanding of the Constitution, the courts must identify and support the rights of the charged. The Due process rights under the U.S Bill of right are enclosed in the 4th, 5th, and 6th Amendments.

Discussion

The 4th Amendment ensures that the people are safe from unfair searches and abduction of property and themselves. The laws calls for the people to have a search warrant which gives details of the particular place to be searched, as well as the details of what will be seized. Thus, each person has the right to call for evidence of the search warrant, failure to do so shows that the privacy and safety of the person is breached. The 5th Amendment protects an individual from multiple procedural issues, like death penalty, numerous trials for the same criminal felonies, self incrimination and the right for a proper trial. The 6th Amendment ensures the right of counsel for the protection. In all the criminal prosecutions, the indicted has the right to a quick and civic trial by an unbiased jury.

The U.S Supreme Court has included further routine guarantees. The exclusionary rule allows pertains to the use of illegally obtained proof that cannot be employed in a criminal trial. Results of illegal hunt and seizure or admissions under pressure are forbidden in court (Talesh, 2011).The now-natural Miranda ruling requests the police to exhort people who are taken into authority of their protected rights to insight, to remain quiet, and to not self-implicate (Rushin, 2011).

The court procedures for adult and juvenile operations have been influenced by these amendments in many ways. The criminal prosecution starts from the arrest, but under the 4th amendment the police cannot search for evidence without any proper documentation (Markus, 1998). The exclusionary rule does not allow for any illegal evidence to be obtained against any individual. When the individual gets arrested, they are informed of their Miranda rights. These rights consist of the ...