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Procedural Law Research Paper

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A variation of laws exist today in the United States that allow the protection of people rights, freedoms and wrongdoings. Constitutional law was ratified from the Constitution in 1788 and adopted from the Bill of Rights in 1791. Constitutional law gave lawmakers the power to create or define new crimes and also put limits on the federal government. The Constitution established the framework on how the government works, but the Bill of Rights was established to give individuals rights ad freedoms against the national government. The first ten amendments to the U.S. Constitution outlined rights granted to American citizens such as, freedom of speech, press, religion and freedom of assembly. In the terms of protecting citizens, the founders and the criminal justice system put limits on police behavior. The Fourth Amendment puts limits on the admissibility of confessions obtained …show more content…

Substantive law can be defined as “the part of the law that creates, defines, and regulates rights”, (Marion & Oliver 2012) p.7. This law is typically focused on the rights afforded to all citizens under the Constitution, precisely the rights found in the Bill of Rights. Protections such as unreasonable search and seizures, the right to a public and speedy trial, the right against excessive bail, and cruel and unusual punishments. Procedural law refers to the “branch of law that prescribes in detail the methods or procedures used in determining and enforcing the rights and duties of persons toward each other under substantive law”, (Marion & Oliver 2012) p.7. Procedural law focuses profoundly on the administrative practice in which citizen’s rights are guaranteed. One aspect of procedural law is that no one can ever be derived of their life, liberty, or property without due process. An example such as the police must appear before a judge to secure a warrant prior to entering a person’s property or to seize

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