Criminal Procedure Paper

Criminal Procedure Policy Paper

Sheri Minard

CJA/315 Introduction to Criminal Procedure

August 21, 2016

Steven Weber

Criminal Procedure Policy Paper

Introduction

The United States Constitution has three main functions. First, it creates a national government, consisting of a legislature, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. Third, it protects various individual liberties of American citizens. (Shapiro, 2001) This paper will discuss the Fourth, Fifth, and the Sixth Amendments and how they apply to criminal procedure. Also, an explanation of the how the Bill of Rights via the Fourteenth Amendment applies to the states.

Criminal Procedure

Criminal procedure consists of rules and guidelines that determine how a suspect or accused individual is handled and processed by the criminal justice system. Criminal procedure provides the criminal justice system with guidelines to preserve the rights of individuals suspected, accused, or convicted of criminal activity. The United States Constitution is the most important source of rights applying to criminal procedure. The constitution also defines various roles of the government and protecting the rights of people within the nation’s borders to ensure justice and liberties.

Fourth Amendment

        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.  (Worrall, 2014)

        The Fourth Amendment refers to the right of the people to be free from unreasonable searches and seizures. It also establishes specific requirements for obtaining a search warrant; that must specify what is to be searched and what can be seized. The warrant must be issued by a judge or magistrate and be supported by probable cause.

Fifth Amendment

        The Fifth Amendment states; No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. (Worrall, 2014)

        This Amendment focuses on the double jeopardy clause that no person shall be “twice put in jeopardy of life and limb.” The self-incrimination clause that no one can be compelled “to be a witness against himself.” The due process clause which is the foremost important clause. This clause states that an individual cannot be deprived of life, liberty, or property without due process of the law.  

Sixth Amendment

The Sixth Amendment states; In all criminal 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 shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. (Worrall, 2014)

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