Criminal Procedure
Criminal Procedure Policy
Savannah Slorp
CJA/353
August 23, 2010
Mr. Krauser
Abstract
Criminal procedures are safeguards against the indiscriminate application of criminal laws and the wanton treatment of suspected criminals. Specifically, they are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appeals. The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and XIV to the U.S. Constitution. The Supreme Court for the first time began to extend the protections guaranteed in the Bill of Rights to exercises of power by state and local governments. That first decision and others since have been based on the Fourteenth Amendment of the Constitution, adopted in 1868 in the wake of the Civil War, specifically the clause that prohibits the states from depriving any person of life, liberty or property without "due process of law." Due process model gives credibility to the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. However the Crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding and treats arrestees as if they are already found guilty.
Criminal Procedure Policy
Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and VIII to the U.S. Constitution. The Fourth Amendment covers The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be
Savannah Slorp
CJA/353
August 23, 2010
Mr. Krauser
Abstract
Criminal procedures are safeguards against the indiscriminate application of criminal laws and the wanton treatment of suspected criminals. Specifically, they are designed to enforce the constitutional rights of criminal suspects and defendants, beginning with initial police contact and continuing through arrest, investigation, trial, sentencing, and appeals. The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and XIV to the U.S. Constitution. The Supreme Court for the first time began to extend the protections guaranteed in the Bill of Rights to exercises of power by state and local governments. That first decision and others since have been based on the Fourteenth Amendment of the Constitution, adopted in 1868 in the wake of the Civil War, specifically the clause that prohibits the states from depriving any person of life, liberty or property without "due process of law." Due process model gives credibility to the principle that an individual cannot be deprived of life, liberty, or property without appropriate legal procedures and safeguards. However the Crime control model for law enforcement is based on the assumption of absolute reliability of police fact-finding and treats arrestees as if they are already found guilty.
Criminal Procedure Policy
Fourth, Fifth, Sixth, and Fourteenth Amendments of the United States Constitution The main constitutional provisions regarding criminal procedure can be found in Amendments IV, V, VI, and VIII to the U.S. Constitution. The Fourth Amendment covers The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be
References: 'Lectric Law Library 's Lexicon. (Unknown). FOURTH AMENDMENT. Retrieved from http://www.lectlaw.com/def/f081.htm Cortner, R. C. (Fall 1985, published by Project '87). The Nationalization of the Bill of Rights. Retrieved from http://www.apsanet.org/imgtest/Nationalization_Bill.pdf NRA-ILA. (7/28/1999). The Bill Of Rights and the States. Retrieved from http://www.nraila.org/Issues/Articles/Read.aspx?id=23&issue=010 Sociology index. (2010). Crime Control Model. Retrieved from http://sociologyindex.com/crime_control_model.htm THE CRIME CONTROLS AND DUE PROCESS MODELS. (Unknown). The Criminal defense investigation training counsel. Retrieved from http://www.defenseinvestigator.com/article10.html The Free Dictionary. (2008). Criminal Procedure. Retrieved from http://legal-dictionary.thefreedictionary.com/Criminal+Procedure+Law