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 act (Your University2007The Rights of the Defendant in the American Criminal Justice SystemIntroductionThe undeserving justice system enforces wretched statutes through the social and legitimate institutions in accordance with the prescribed turn procedure and regulations . It consists of subsystems such(prenominal)(prenominal) as the law enforcement , the judiciary , the reality prosecutors and defenders probation and parole agencies and the corrections subdivision , and the prison institutions (Frase and Weidner , n .d . The sinful statutes define crimes and their single defenses . On the other legislate , criminal procedure delineates the the stages of the criminal course 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 massive powers of government It grants fundamental declines and liberties to all those living in the fall in States (Jacobs , 2001The defendant in a criminal prosecution is gain the presumption of innocence . This necessarily means that the saddle of proving his wickedness beyond reasonable doubt rests upon the prosecution (Jacobs , 2001 . The due(p) subroutine 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 part Amendment ensures that the defendant is not tried double or to a greater extent for the comparable offense and by the same aut! hority . This is the right against double jeopardy (Jacobs , 2001 Moreover , the Constitution protects the defendant by guaranteeing that he does not testify against himself-importance or the right against self incrimination (Jacobs , 2001 . The rights enumerated under the Sixth Amendment link up to the codify rights of the accuse in criminal prosecutions . The rights of the defendant in criminal prosecution are 1 ) right to a straightaway runnel 2 ) right to a public trial 3 ) right to a trial by control panel 4 ) notice of the accusation (5 ) right to give the opponent witnesses 6 ) right to compulsory process for obtaining approbative witnesses and (7 ) the attention of counsel or right to counsel (Oxford abetter _or_ abetter , 2005 . The right to a speedy trial prevents oppressive fetter before trial and ensures defense by the impeach of his instance . The right to a public trial acts as a safeguard against abuse of judicial power . Moreover , it as well 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 authorize to subpoena witnesses in his behalf (Oxford Companion 2005 . Finally , the accused is as well entitled to be represented by counsel or a lawyer . The Eight Amendment on the other quite a little proscribes excessive bail , cruel...If you want to get a sharp essay, order it on our website: OrderCustomPaper.com

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