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 put one over (Your University2007The Rights of the Defendant in the American Criminal Justice SystemIntroductionThe poor justice system enforces wretched statutes through the social and juristic institutions in accordance with the prescribed guilt tripy 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 plane section , and the prison house institutions (Frase and Weidner , n .d . The condemnable statutes define crimes and their single defenses . On the other legislate , criminal procedure delineates the the stages of the criminal dish up from arrest through pursuance , sentencing , app eal 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 huge powers of government It grants fundamental uprights and liberties to all those living in the linked States (Jacobs , 2001The defendant in a criminal prosecution is realize the presumption of innocence . This necessarily means that the saddle of proving his guilt beyond reasonable doubt rests upon the prosecution (Jacobs , 2001 . The due(p) member article of the Constitution accorded the defendant a immense array of protections and guarantees such as giving him an opportunity to be heard . The fifth Amendment ensures that the defendant is not tried double or much for the co mparable offense and by the same authority .! This is the right against double jeopardy (Jacobs , 2001 Moreover , the Constitution protects the defendant by guaranteeing that he does not testify against him egotism 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 alert test 2 ) right to a public trial 3 ) right to a trial by control board 4 ) notice of the accusation (5 ) right to give the contend witnesses 6 ) right to compulsory process for obtaining approba tive witnesses and (7 ) the avail 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 showcase . The right to a public trial acts as a safeguard against abuse of judicial power . Moreover , it besides 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 too entitled to be represented by counsel or a lawyer . The Eight Amendment on the other get through proscribes excessive bail , cruel...If you want to get a dependable essay, order it on our website: OrderCustomPaper.com

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