Criminal Procedure

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Criminal Procedure Policy

Criminal Procedure

February 11, 2013

Criminal Procedure Policy
1

Criminal procedures are safeguards against the indiscriminate application of criminal laws and the 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, and sentencing. These rules are designed to limit what the state can do to individuals when enforcing the laws. “If the intrusions of state officers are not justified and authorized by law, their actions are illegal and they undermine the constitutional foundations of American government” (Zalman, 2011). The due process model and the crime control model are the two models of criminal justice. The due process model is the idea that each individual has absolute rights and cannot be deprived of life, liberty, or property without the appropriate legal procedures and safeguards. The due process model emphasizes fairness in court proceedings. Every citizen is entitled to be notified of charges against them and have the opportunity to be heard at a fair and public hearing. The Fourth Amendment has a large effect on the due process model. The Fourth Amendment states “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 seized” (Fourth Amendment, Bill or Rights). This amendment affects the due process model as well as all law enforcement by requiring that there be probable cause before a warrant is issued or an arrest is made. It requires that the proper channels are taken and the right procedures are followed before issuing a warrant or charging someone with a...
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