Assess The Importance Of Prosecuting Constitutional Safeguards

Our society for the most part has a set of written laws by which it operates under. Laws govern our behavior in society and list punishments by which individuals that break them will be prosecuted and sentenced. Our criminal justice system is essential made up of three major intuitions which see a case from the beginning and through the trial and finally to the punishment phase ("How Does the Criminal Justice System Work?," 2014). Our society needs laws and punishment for those who violet the laws otherwise we would live in a world of chaos. In this paper we will examine various aspects of the criminal process from arrest through sentencing and appeal.

The guarantee of the speedy trial is one of the fundamental liberties embodied in the Bill of Rights. The right has some limitations: it is activated only when the criminal prosecution has begun and applies only to those people who have been accused during the prosecution. There are only two cases known so far in which the Court held that the speedy trial right has been violated: Smith v. Hooey (1969) and Dickey v. Florida (1970). In these cases the States preferred criminal charges against people who were already confined in prisons of other jurisdictions as a

The constitution guarded against tyranny by giving us federalism, separation of powers, checks and balances, and large vs. small states. The constitution was written in Philadelphia in the year of 1787. This established America’s national government and fundamental laws

Knowing ones rights when being arrested is very important, it is the best way to avoid self incrimination. The government has done a good job in assuring that all individuals who are arrested are read their Miranda rights and made fully aware of the rights that they are guaranteed as well as providing fair trial to all who are accused of a crime based on the rule set by the presumption of innocence: “innocent until proven guilty”. The purpose of this paper is to describe how the Miranda rights were

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial

This is to determine the defendant’s plea of the charges they have been accused with and to repeat their constitutional rights again. For the pleas the defendant can either plead guilty, not guilty, or nolo contendere. If the defendant pleads guilty then they are accepting they have committed the charges that were presented to them. They are also giving up their rights to remain silent and right to a trial. If they plead not guilty then they have are saying that they have not broken the law and feel that they can dismiss the charges for them then he/she should plead not guilty. The defendant is not given a more severe sentence if they are declared guilty at trial after a not guilty

The Court determined that the process of interrogation was intimidating enough and in order to counteract this feeling, the suspect must be read his right. The suspect must be read his/her rights before being questioned; in addition, officer is not required to inform the suspect of their rights while placing the suspect under arrest, under the condition that the officers don’t interrogate the suspect in any way.

legally placed under arrest. This decision was based on a case which defendant Ernesto Miranda,

In the discourse of criminal justice system bail is one of the arenas which not only generates a huge adherence but also a significant assumption. There are lot considerations take into place when the question of enlarging bail is comes into existence. The court or the police as a matter of fact are regulated by some principles, and it is obvious that not all persons who are engaged with an offence will be entitled to get bail. Bail is broadly used to refer to the release of a person charged with an offence,

Can we as a nation, strike a balance between the liberty of the individual and the safety of citizens? And in order to strike that balance, should the bill of rights protect those accused of crimes? This contentious issue is one that causes us to truly think about our constitution’s purpose and how it is currently evolving within our country’s judicial system. On the one hand, many believe that because the nations’ crimes being committed are increasing in severity the rights of those accused of crimes should be curtailed. While on the other hand, many are not in favor of curtailing rights because they feel our legal system is designed to be just for all persons. The framers of our

When a delinquent is arrested...he ought regularly to be carried before a justice of the peace...If upon...inquiry it manifestly appears that either no such crime was committed or that the suspicion entertained of the prisoner as wholly groundless, in such cases only it is lawful totally to discharge him. Otherwise he must be committed to prison or give bail; that is, put in his securities for his appearance to answer the charge against him. This commitment, therefore, being only for safe custody, wherever bail will answer the same intention it ought to be taken...Bail is...a delivery or bailment of a person to his sureties, upon their giving (together with himself) sufficient security for his appearance; he being supposed to continue in their friendly custody, instead

The due process and crime control models contrast in the type of justice being sought. The individual citizen and the protection of their rights is at the forefront in the argument towards the due process model. The emphasis is then on the defendant’s rights and not the victim’s rights. In order to lower crime and prevent recidivism, advocates of the due process model see rehabilitation as the answer. Therefore, actors within the Criminal Justice System are held to accountable to the procedures and guidelines in order to insure fair and consistent judicial processes.

This paper is going to describe the road from arrest to Supreme Court, and the two ways a

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law,