The Pros And Cons Of The Criminal Law And Fair Justice

The Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment.

The criminal justice system is a used to protect our society from those who try to harm it. Departments such as courts, and police officers study the behavior of criminals; they want our communities to be safe. When a crime is committed these departments work together to protect the rights of our society and our own. As stated in the textbook, a crime is the “Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction for which there is no legally acceptable justification or excuse” (Schmalleger). Our system is a balanced system, there are times where have to think about our own rights as one person, but there are also times where we have to include other people. We must think of our society and

The sixth amendment states, “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 or his defence.” ("The Bill of Rights and Amendments 11-27.") This amendment means that anyone who is accused of a crime has the right to a quick and public trial. The trial of the accused must be held by an unbiased jury in the area where the crime supposedly

The criminal justice system has been proven to play a very important role in society. The criminal justice system is used to keep the citizens in check and to make sure that the laws that are made are being followed. It also is there to penalize anyone who disobeys the laws. In the criminal justice system, there are 3 main parts, law enforcement, adjudication, and corrections. Law enforcement is self-explainable. It consists of the law enforcers such as police officers and sheriffs. Adjudication is made up of people in the court house such as judges and lawyers. Corrections is made up of jailhouse matters such as prison officials. In these many components of the criminal justice system, there are all put in place to help correct people to do the right thing. There are punitive efforts and rehabilitative efforts. At time, the system may lean towards one category or more, which can be dangerous in terms of disciplinary action. The criminal justice system is more punitive than rehabilitative which makes the system ineffective.

The grand jury is a pre-protected customary law organization, and an established apparatus in its own privilege only grasping custom-based law. The procedure applies to the states to the degree that the states have consolidated fantastic juries or potentially customary law. Most states have an option common process. "In spite of the fact that state frameworks of criminal methodology vary enormously among themselves, the great jury is correspondingly ensured by many

America is built on the foundation of society being run and well-flowing around the three values the Republic of the United States hold most dear to: equality, freedom, and justice. The rights of the accused is an important factor in maximizing justice. Amendments 4-8 in the Bill of Rights specifically detail how criminal law should be dealt with, and how justice can be ensured every step of the way. The Fifth and Sixth Amendments contain two systems that go hand in hand with one another, a due process and a trial by jury for all citizens. Amendments 4-8, a Due Process, and a Trial by Jury are essential for establishing the rights of the accused and their absence would be detrimental to the effectiveness of the American criminal justice system.

Criminal justice is defined as the system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of Committing a crime. Jews and Christians consider to be a product of divine inspiration and a record of the relationship between GOD and humans. Criminal justice is a process, involving a series of steps beginning with a person committing an alleged crime, a criminal investigation and ending with the release of a convicted offender from correctional supervision. Rules and decision making are at the center of the process.

The above statement tells that no one can be put on trial for a serious crime, unless a grand jury decide first that there is enough proof or evidence, if there is enough evidence produced then an indictment is issued, which means that the person who is charged with the crime will be put on trial for the crime.

The Sixth Amendment provides that “In all criminal prosecutions, the accused shall enjoy the right to a(n) speedy and public trial, by an impartial jury.

The 5th amendment declares No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person

In America’s justice system, a grand jury is a group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged (Gaines G-4). In the Central District of California, prospective jurors who report and are not excused or postponed, the Jury Clerk will use a computer program to randomly select 23 members and ten alternates for each grand jury. A grand jury designated “investigatory” meet for a 12-month term, while a grand jury designated “accusatory” meets for a 6-month term. A grand jury has 23 members and meets once a week, always on the same weekday. Grand juries do not meet on weekends or Mondays. The average workday is 5 hours. Absences for medical appointments, vacations, graduations, etc. may be accommodated, but 16 members must be present for the grand jury to conduct business. The grand jury serves the United States District Court, Central District of California. In contrast, a trial jury is asked to reach a verdict based on the evidence presented during a civil or criminal trial; a grand jury meets in secret to consider whether there is sufficient evidence to justify a formal criminal charge against someone. That formal criminal charge is called an “indictment” (Central).

A Grand Jury consists of 12 to 23 members and since it was derived from common-law, Grand Jury clause is interpreted from common-law itself. Grand Juries giving indictment in any kind of criminal cases formed with a jury of peers and its proceedings are operated in private and closed environment. These Juries are also provided specific instructions regarding any kind of law by the judge. The Grand Juries have other rights like many constitutional restriction and constraints which apply in a court, do not apply during grand jury proceedings. Exclusionary rule is an example which does not apply when specific evidences are presented to a grand jury.

Federal, county and state cases are given to grand juries sometimes to decide if there is enough probably cause to try a criminal in court. The grand jury consists of 12 to 23 people who are brought together when a

The equal justice perspective is the view that all people should be treated equally before the law. Equality may be best achieved through individual discretion in the justice process. (Ch. 1, Pg. 19) Based on the equal justice perspective, people tend to get arrested and charged with unequal justice. For instance, in the state of New Hampshire people who are caught with marijuana are usually fined or sent to prison. “Under the new law, a violation would be punishable by a $100 fine for a first or second offense and by a fine of up to $300 for any subsequent offense within three years. A person could be charged with a misdemeanor, if they are found with marijuana for a fourth time within the three years.” (Unknown) Citizens are being fined $350 for any amount of marijuana if citizens are 18 and older, they would also be incarcerated for an entire year. To conclude, in New Hampshire alone for your first offense, with the possession of selling marijuana up to five pounds can sentence you up to twenty years with a fine of $300,000. The restorative perspective is a view of criminal justice that advocates peaceful solutions in meditation rather than coercive punishment, which is a way for the victim and the perpetrator to make amends and come up with a solution to help both the victim and community. "The concept of restorative justice is… a new paradigm for doing justice that starts at the grassroots with ordinary members of the community as well as victims and offenders.

A grand jury is used in the federal legal system to decide if someone should be indicted for a crime. A selected group of sixteen to twenty-three citizens assemble and are given the task of investigating potential criminal activity. The prosecuting attorney is the presider of a grand jury and will present the case and the evidence. The grand jury is presented with evidence such as documents, witnesses, and physical evidence. They can also issue subpoenas for sworn testimonies and more evidence. A grand jury is more secretive and the rules of evidence do not apply in the same way as a trial jury. No one is allowed to reveal anything that happened in the jury room. Grand juries are not opened to the public or to the press. Witnesses are not