Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to standards setup by procedural law, during proceedings. These rules ensure fair practice and consistency in the “due process”. Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced (Procedural Law vs. Substantive Law, 2013). Procedural law is exactly what the name implies. It sets out the procedure for how a criminal case would proceed. Every state has their own set of procedures which is usually written in a set of rules called a “code of criminal procedure”. Substantive law deals with the “substance” of your charges. Every charge is comprised of elements. Elements are the specific acts needed to complete a crime. This law requires that the prosecutor prove every element of the crime in order for someone to be convicted of the crime.
I believe that the Fourth Amendment is procedural because it takes procedures to be able to search and seizure a person(s) and their property. You just can’t go in and search with a reason and a warrant. To obtain a warrant you have to have a reason and steps to receive it. The Fifth Amendment is substantive because it deals with the structure and facts of the case. It defines the rights and duties of the defendant. The Sixth Amendment has the most procedural rights. It enable the right to a speedy a trial, impartial jury, informed of nature and cause of accusation, confront opposing witnesses compulsory process for obtaining favorable witnesses and right to counsel.
In conclusion, the U.S. Supreme Court has, through the due process clause of the 14th Amendment, incorporated many of the protections and prohibitions contains in the Bill of Rights. While reading this paper, you now know the protections that are available to criminal offenders through the bill of rights that do not currently apply to the states. You also read about the differences between procedural and substantive protections for the criminal offenders in the Bill of Rights. Included in this paper, you read about which protections were procedural and substantive in the Bill of Rights.