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 shake (Your University2007The Rights of the Defendant in the American Criminal Justice SystemIntroductionThe misfortunate justice system enforces wretched statutes through the social and wakeless institutions in accordance with the prescribed sinful procedure and regulations . It consists of subsystems much(prenominal)(prenominal) as the law enforcement , the judiciary , the reality prosecutors and defenders probation and parole agencies and the corrections division , and the prison house institutions (Frase and Weidner , n .d . The savage statutes define crimes and their single defenses . On the other legislate , criminal procedure delineates the the stages of the criminal choke from arrest through pursuance , sentencing , appeal 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 coarse powers of government It grants fundamental remunerates and liberties to all those living in the coupled States (Jacobs , 2001The defendant in a criminal prosecution is spend the presumption of innocence . This necessarily means that the saddle of proving his ill-doing beyond reasonable doubt rests upon the prosecution (Jacobs , 2001 . The due(p) dish clause of the Constitution accorded the defendant a immense array of protections and guarantees such as giving him an opportunity to be heard . The ordinal Amendment ensures that the defendant is not tried double or more for the comparabl e offense and by the same authority . This i! s the right against double jeopardy (Jacobs , 2001 Moreover , the Constitution protects the defendant by guaranteeing that he does not testify against himself-importance or the right against self incrimination (Jacobs , 2001 .

The rights enumerated under the Sixth Amendment link up to the systemise rights of the accuse in criminal prosecutions . The rights of the defendant in criminal prosecution are 1 ) right to a prompt attempt 2 ) right to a public trial 3 ) right to a trial by control panel 4 ) notice of the accusation (5 ) right to give the fence witnesses 6 ) right to compulsory process for obtaining a pprobative witnesses and (7 ) the assistant 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 incriminate of his sheath . The right to a public trial acts as a safeguard against abuse of judicial power . Moreover , it likewise 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 authorise to subpoena witnesses in his behalf (Oxford Companion 2005 . Finally , the accused is besides entitled to be represented by counsel or a lawyer . The Eight Amendment on the other run proscribes excessive bail , cruel...If you want to get a undecomposed essay, order it on our website: OrderCustomPaper.com

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