Research About The Rights An Individual Should Have Who Is Involved As A Defendant In The American Criminal Justice System

The Rights of the Defendant in theAmerican Criminal Justice System (Your make (Your University2007The Rights of the Defendant in the American Criminal Justice SystemIntroductionThe vile justice system enforces wretched statutes through the social and legal institutions in accordance with the prescribed criminal procedure and regulations . It consists of subsystems such(prenominal) as the law enforcement , the judiciary , the reality prosecutors and defenders probation and parole agencies and the corrections department , and the prison institutions (Frase and Weidner , n .d . The criminal statutes define crimes and their single defenses . On the other legislate , criminal procedure delineates the the stages of the criminal function from arrest through pursuance , sentencing , appeal and exclude from prison (Jacobs , 2007 . The criminal justice system works both in the federal and state levels . Each has its own grade of criminal laws , courts enforcement agencies and probation systems (Jacobs , 2007The foundation of criminal procedure is the U .S . personality (Jacobs , 2001 . Specifically the Bill of Rights is placed in the spirit to entertain the citizens from the vast powers of government It grants fundamental rights and liberties to all those living in the United States (Jacobs , 2001The defendant in a criminal prosecution is authorise the presumption of innocence . This necessarily means that the saddle of proving his guilt beyond reasonable doubt rests upon the prosecution (Jacobs , 2001 . The due(p) process clause of the Constitution accorded the defendant a immense array of protections and guarantees such as giving him an opportunity to be heard . The Fifth Amendment ensures that the defendant is not tried double or more for the comparable offense and by the same authority . This is the right against double jeopardy (Jacobs , 2001 Moreover , the Constitution protects the defendant by guaranteeing that he does not testify against himself or the right against self incrimination (Jacobs , 2001 .

The rights enumerated under the Sixth Amendment link up to the codified rights of the accuse in criminal prosecutions . The rights of the defendant in criminal prosecution are 1 ) right to a speedy trial 2 ) right to a public trial 3 ) right to a trial by jury 4 ) notice of the accusation (5 ) right to give the opposing witnesses 6 ) right to compulsory process for obtaining approbative witnesses and (7 ) the assistance of counsel or right to counsel (Oxford abetter _or_ abettor , 2005 . The right to a speedy trial prevents oppressive imprisonment before trial and ensures defense by the accused of his fount . The right to a public trial acts as a safeguard against abuse of judicial power . Moreover , it excessively assures the accused that he is informed of the charges against him . This is part of due process (Oxford Companion , 2005 . The right to confront opposing witnesses refers to the right of the accused to cross examine said witnesses . He is besides entitled to subpoena witnesses in his behalf (Oxford Companion 2005 . Finally , the accused is also entitled to be represented by counsel or a lawyer . The Eight Amendment on the other hand proscribes excessive bail , cruel...If you want to get a expert essay, order it on our website: Ordercustompaper.com

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