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 spend a penny (Your University2007The Rights of the Defendant in the American Criminal Justice SystemIntroductionThe uneasy justice system enforces wretched statutes through the social and ratified institutions in accordance with the prescribed unlawful 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 department , and the prison house institutions (Frase and Weidner , n .d . The culpable statutes define crimes and their single defenses . On the other legislate , criminal procedure delineates the the stages of the criminal form from arrest through pursuance , sentencing , appeal and e xclude 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 capacious powers of government It grants fundamental in good orders and liberties to all those living in the joined States (Jacobs , 2001The defendant in a criminal prosecution is choke the presumption of innocence . This necessarily means that the saddle of proving his viciousness beyond reasonable doubt rests upon the prosecution (Jacobs , 2001 . The due(p) forge article of the Constitution accorded the defendant a immense array of protections and guarantees such as giving him an opportunity to be heard . The ordinal Amendment ensures that the defendant is not tried double or more for t he comparable offense and by the same autho! rity . 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 systemise rights of the accuse in criminal prosecutions . The rights of the defendant in criminal prosecution are 1 ) right to a lively campaign 2 ) right to a public trial 3 ) right to a trial by control panel 4 ) notice of the accusation (5 ) right to give the oppose witnesses 6 ) right to compulsory process f or 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 bondage before trial and ensures defense by the accuse of his facial expression . The right to a public trial acts as a safeguard against abuse of judicial power . Moreover , it likewise 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 authorise to subpoena witnesses in his behalf (Oxford Companion 2005 . Finally , the accused is to a fault entitled to be represented by counsel or a lawyer . The Eight Amendment on the other exceed proscribes excessive bail , cruel...If you want to get a bright essay, order it on our website: OrderCustomPaper.com

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