The criminal justice of America has 2 parts: procedure and law. Criminal law defines crime and according punishment. It protects people by discouraging damaging conduct and punishing criminals. Criminal procedure mentors the process of felony investigation, arresting and convicting a suspect in a court of law. Criminal part defends the accused.
While discussing the Constitution, its opponents said that the initial Constitution would open the door to the oppression by the government. So, they wanted to create a “bill of rights” that would distinguish the immunities of citizens. In 1789, twelve amendments were offered to the Constitution. The first two were not ratified. The rest 10 amendments were ratified by 3/4 of the state legislatures. And now we are capable to use the first 10 amendments of our Constitution – the Bill of Rights. The amendments serve to guard the rights of property and liberty.
Four of the amendments relate to criminal justice. They portray rights that apply to people accused of felony. According to the Bill of Rights (Rights Consciousness and Civil Liberties, cliffsnotes.com) The Amendment number four prohibits the government from running unreasonable seizures. The Fourth Amendment demands the police force to have a warrant to arrest a suspect in a criminal crime. The Fifth Amendment gives the right not to be a witness against oneself. It also restricts the government to arrest a person twice for the same crime. This Amendment requires a jury (group of citizens that reviews the case in court) to charge the defendant. The Sixth Amendment determines the requirements for criminal trials, gives the right to hire an attorney. If a person can’t pay attorney, the government must pay one to defend him. As the constitution states (Bill of Rights, constitution.org) The Eighth Amendment denies the government to punishment prisoners. This amendment says bail should not be extremely high. If the defendant pays the bail and appears on a trial, he receives his money back.
1. The Chapters of Freedom, Bill of rights, archives.gov. Retrieved from:
2. Rights Consciousness and Civil Liberties, cliffsnotes.com
Retrieved from: http://www.cliffsnotes.com/study_guide/Rights-Consciousness-and-Civil-Liberties.topicArticleId-10065,articleId-9914.html
3. Bill of Rights, constitution.org
Retrieved from: http://www.constitution.org/billofr_.htm