Justice. As stated in A history of continental criminal procedure, with special reference to France the three types to criminal procedure are as follows, “the accusatory type, the inquisitorial type, and the mixed type.” The difference between accusatory and inquisitorial is that while accusatory is the mediator between the prosecution and the defense the inquisitorial system involves themselves into the case through means of investigation. Like the name of the third “mixed type” it is true to its name it is a mix of both systems. These systems are important to the criminal procedure process history and how the courts have developed over time
Post-trial there is the process of arrest/booking arraignment and lastly if given the opportunity, posting bail.
Discrimination is a huge issue that leads to unfair stops and frisks, cruel treatment during the booking process and can even effect your arraignment and/ or bail. It has been an underlining problem since the beginning. Although now, we do have several rights now that protect the everyday citizen from being discriminated against. These rights are the 4th 5th 6th 8th and 14th. There are major cases that have lead up to review of these amendments to better help the everyday citizen which will be discussed later. The fourth amendment protects the people from being stopped and frisked unlawfully. The 5th amendment allows a person being arrest the right to not self-incriminate themselves. Likewise, the 5th amendment can protect you from double jeopardy. The 6th amendment allows there to be a jury of peers. The 8th protects you from cruel and unusual punishment. Lastly there is the 14th amendment makes it so that all people regardless of race, gender, etc. have the right to life liberty and property which can’t be denied by the …show more content…
government.
To delve into criminal procedure’s, we must understand the full context of each amendment that holds power over criminal law.
Cases that affected the 4th amendment are as follows Wolf v Colorado, Mapp v Ohio, Terry v Ohio, United States v Leon, etc. These cases fought the idea of protection against unlawful search and seizures. Within these cases they also give officers rights with exception like for example, United States v Leon gave the police the right to the good faith exception. In Terry v Ohio only if there is an issue with police safety may an officer pat down a suspect. The 5th amendment that protects the right against self-incrimination was because of Miranda V Arizona. This made it where officers had to inform suspects of their rights during the arrest
process.
The other court cases and amendments that hold importance are the following. The 6th amendment cases were Powell v Alabama, Betts v Brady, Gideon v Wainwright, Escobedo v Illinois, etc. This made it where regardless of your situation you are to be provided council. This does not in fact count for civil cases but for criminal cases. Likewise, the right to an attorney starts at the time of investigation. Gregg v Georgia and Furman v Georgia were two important cases for the 8th amendment. One which made the death penalty unconstitutional and then a little later the other turning over the case to make it constitutional. Roe v Wade, Brown V Board of Education, Plessy v Ferguson are just some of many cases that protect equal rights for all. These cases apply to the 14th amendment where people regardless of who they are or where they are from are protected.
The judicial process is important because of its two responsibilities and that is applying the law and interpreting the law. In Introduction to corrections they stated that, “Criminal Courts are where our criminal justice system formally decides disagreements about whether an individual’s actions are within his or her legal rights and obligations. The criminal court’s purpose is to hear evidence the government brings against a person who is believed to have violated the substantive criminal law...” 6
In The Problem of Criminal Procedure by Justin Miller it is brought up that, “particularly in the administration of criminal law, has brought with it the problem of working out constructive changes in existing procedures.”5 Another interesting problem is that the District attorney holds more power than anyone else in the courts as indicated on page 221 in The Judicial Process.