Criminal Procedure

Criminal Procedure Policy
“The Constitution of the United States was ordained; it is true, by descendants of Englishmen, who inherited the traditions of English law and history; but it was made for an undefined and expanding future, and for a people gathered and to be gathered from many nations and of many tongues” (Zalman, 2008 PG 1). —Justice Stanley Matthews
“Criminal procedure deals with the set rules governing the series of proceedings through which, the government enforces substantive criminal law” (Cornell University Law School, August 2010). The Federal Government, each state, and every municipality have their own criminal codes that define types of conduct that constitutes crime (Cornell University Law School, August 2010). Criminal procedure is shaped by both due process as well as crime control models. The most important purpose of criminal procedure is to maintain a proper balance between order and liberty. Order is the lawful limits put on the freedom of an individual to maintain the domestic tranquility which is necessary for the government to function properly and is necessary (Zalman, 2008). Liberty is a political theory that supports criminal procedure; it suggests that the purpose of the government is to allow an individual maximum freedom to chase after his or her individual goals, within the Rule of Law (Zalman, 2008).

Due Process Due Process is the criminal procedure, according to the reading is a “philosophy on the part of Supreme Court justices that errors in state criminal procedure that constitute grossly unfair and unjust proceedings can be reviewed by the federal courts under the Due Process Clause of the Fourteenth Amendment. The term also conveys the idea that a decision made under this approach does not necessarily produce bring line rules because every case is decided on the totality of its facts and circumstances” (Zalman, 2008).
Due process clause is “a clause found in the Fifth and Fourteenth Amendments saying that no person shall be deprived of life, liberty or property without due process of law. The Fifth Amendment clause applies against the federal government and the Fourteenth Amendment clause against state governments” (Zalman, 2008, Pg. 534). This means that no man or woman should be deprived of life, liberty, or property without acquiring a fair and justified court hearing. A model of due process” is one of two general attitudes within the criminal justice system that focuses on formal, adjudicative, adversary, fact-finding as well as the prevention and elimination of mistakes, legal guilt, and viewing the presumption of innocence” (Zalman, 2008). This is to mean that every suspect must be treated as if he or she were innocent. This is why each suspect is considered innocent until proven guilty.

Crime Control Model According to the reading crime control model is a theory that was developed by Herbert Packer that suggests that within the criminal justice system there are two general attitudes. The crime control model focuses on crime control, efficiency, and presumption of guilt and finality (Zalman, 2008). This means that according the Crime Control Model the criminal justice system should focus on reducing the crime in society by increasing police and government powers. Crime Control focuses on the power of the government rather than an individual’s liberties.

Fourth Amendment The Fourth Amendment states that people have the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. This shall not be violated and no warrants shall be issued, unless there is probable cause supported by oath or affirmation and the warrant shall specifically state the area in which is to be searched as well as the persons or things will be seized (Cornell University of Law School, 2013).

Fifth Amendment The Fifth Amendment states that no person shall be held to answer for a capital or infamous crime, unless on a presentment or indictment of a grand jury (Cornell University Law School, 2013). There are expectations to this Amendment, such as this is untrue if arising in the land or naval forces (Cornell University Law School, 2013). It also states that no individual be subject to the same offense to be put into jeopardy of life or limb twice (Cornell University Law School, 2013). The Fifth Amendment also states that an individual cannot be a witness against him or herself, nor be deprived of life liberty or property without due process of law or have his or her property taken without just compensation (Cornell University Law School, 2013).

Sixth Amendment The Sixth Amendment states that in all prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime was committed (Cornell University Law School, 2013). The Sixth Amendment also gives an individual the right to know the nature and cause of the accusation to be confronted with the witnesses against him or her (Cornell University Law School, 2013). This is also the Amendment that gives an individual the right to have assistance of counsel for his or her defense (Cornell University Law School, 2013).

Fourteenth Amendment

The Fourteenth Amendment has five sections listed below-
I. All persons born or naturalized in the United States are citizens of the United States and of the state as regarding where they reside (Cornell University of Law, 2013). It states that no state shall make or enforce any law in which they should have to wait the privileges or immunities of citizenship (Cornell University of Law, 2013). It also states the no state shall deprive a man or woman the right to life, liberty, or property without due process of law nor deny anyone within its jurisdiction the equal protection of the laws (Cornell University of Law, 2013).
II. “Representatives shall be appointed among the several states according to their respective numbers” (Cornell University of Law, 2013).
III. “No person shall be a Senator or Representative in Congress or elector of President and Vice President or hold any office civil or military under the United States, or under any state who has previously taken oath as a member of Congress or as an officer of the United States” (Cornell University of Law, 2013).
IV. “The Validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion shall be questioned” (Cornell University of Law, 2013).
V. “The Congress shall have power to enforce, by appropriate legislation the provisions of this article” (Cornell University of Law, 2013).

The Bill of Rights The Bill of rights is “a designation for the first Ten Amendments to the United States Constitution” (Zalman, 2008, PG.532). The Bill of rights is the most important rights citizens of the United States. These rights should be known by all citizens because these are the rights that protect the citizens of the United States. The Fourteenth Amendment was written with intent to protect all rights.

Conclusion The Criminal Justice system is what it is today, because of the Bill of Rights, and, the Fourteenth Amendment. Criminal procedure is built up of a mixture of both Due Process and Crime Control Model, this mixture makes prepares for the proper most important purpose of criminal procedure, to maintain a proper balance between order and liberty of the United States. Without the mix of both Due Process and Crime Control Model the criminal justice system would be uneven and unfair.

References
Cornell University Law School. (2013). Fifth Amendment. Retrieved from http://www.law.cornell.edu/constitution/fifth_amendment
Cornell University Law School. (2013). Sixth Amendment. Retrieved from http://www.law.cornell.edu/constitution/sixth_amendment
Cornell University Law School. (August 19, 2010). Criminal Procedure. Retrieved from http://www.law.cornell.edu/wex/criminal_procedure
Cornell University of Law School. (2013). Fourth Amendment. Retrieved from http://www.law.cornell.edu/constitution/fourth_amendment
Cornell University of Law. (2013). Fourteenth Amendment. Retrieved from http://www.law.cornell.edu/constitution/amendmentxiv
Zalman, M. (2008). Criminal procedure: Constitution and society (5th ed.). Upper Saddle, NJ: Pearson/Prentice Hall.

References: Cornell University Law School. (2013). Fifth Amendment. Retrieved from http://www.law.cornell.edu/constitution/fifth_amendment Cornell University Law School. (2013). Sixth Amendment. Retrieved from http://www.law.cornell.edu/constitution/sixth_amendment Cornell University Law School. (August 19, 2010). Criminal Procedure. Retrieved from http://www.law.cornell.edu/wex/criminal_procedure Cornell University of Law School. (2013). Fourth Amendment. Retrieved from http://www.law.cornell.edu/constitution/fourth_amendment Cornell University of Law. (2013). Fourteenth Amendment. Retrieved from http://www.law.cornell.edu/constitution/amendmentxiv Zalman, M. (2008). Criminal procedure: Constitution and society (5th ed.). Upper Saddle, NJ: Pearson/Prentice Hall.