Criminal Procedures and Policies

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The criminal justice system have its procedures and policies that is there is help to control how things are to operate and to protect those that within the criminal justice system. The Constitution is the most important part of this country. It makes it easier for people of this country, assisting with forming a perfect Union, establish justice, cover domestic Tranquility, present for the common defence, support the general welfare, and make safe the blessings of Liberty to Posterity, and ourselves do ordain and establish this Constitution for the United States of America. Worrall, J. L. (2012).Criminal Procedure: From First Contact to Appeal(4th ed.). Retrieved from The University of Phoenix.

The Constitution is not only the source of rights; there are others commendable of selflessness. There are some rights that are more imperative than others are, at least as far as criminal procedure is concerned. Worrall, J. L. (2012).Criminal Procedure: From First Contact to Appeal(4th ed.). Retrieved from The University of Phoenix.

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The Constitution main sources of rights that includes the court decisions, statutes, and the state constitutions. Whenever the Supreme Court interprets the Constitution, in fact makes a statement regarding people’s rights. Such rights are typically those declare by the minority, since the lawmaking instruments of the majority, the legislative and the executive branches, usually needs to be verify by the supremacy of lawful provisions as interpreted by the judiciary. Most of the federal constitutional rights found in the Bill of Rights, which was created originally as a limitation on action by the federal government, but many of whose rights are now applicable to the states due to the Fourth Amendment.

The Fourth Amendment constitution amendment promise the right of a citizen to be secure in their homes and property from unreasonable searches, seizures and consisting of the following elements: the issuance of a warrant upon oath or affirmation, upon probable cause, as determined by a neutral and detached magistrate, and particular describing the place to be searched and the items or persons to be seized.

The Fifth Amendment is the second constitutional amendment part of the Bill of rights, which establishes certain protections for citizens from actions of the government by providing that the person not required answering for a capital or other infamous crime unless an indictment or presentment is first issued by a grand jury. That no human being be placed in double jeopardy, no individual is required to testify against himself, this is known to be self-incrimination clause. Life, liberty, nor property is to be taken without due process of law, and that private property is not to be taken for public use, without payment of just compensation. Serkin, Christopher University of Phoenix. (). Passive Takings: The States Affirmative Duty To Protect Property. Retrieved from Serkin, Christopher University of Phoenix, CJA/364 website.

The Sixth Amendment to the United States Constitution this allows the accused in a criminal trial the right to a speedy trial by a neutral jury, to be knowledgeable of the charges against him or her. To be confronted with witnesses against him or her, to have compulsory process for obtaining witnesses in his or her favor and to have effective assistance of counsel. Through the process of selective incorporation, each of these rights has been applied to the states under the due process clause of the Fourteenth Amendment. These rights formed the foundation of the accused rights to a fair trial, the accused has been accorded additional rights. This is comparable to the right to conduct his or her personal defense as necessary to a fair trial under the due process clause.

The Fourteenth Amendment that guaranteed that all persons born in any state of the United States are citizens of that state and of the Unites States and are guaranteed the privileges and immunities due to citizens of the United States and to due process and equal protection of the laws. The Fourteenth Amendment due process language mirrors that of the Fifth, However, the Fifth Amendment is part of the Bill of Rights, it is only binding on the federal government. The Fourteenth Amendment by contrast has been used by the Supreme Court to incorporate, or make applicable to the state, several of the rights provided for in the Bill of Rights. University of Phoenix. (2013). The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment. Retrieved from University of Phoenix, CJA/364 website.

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The Fourteenth Amendment’s due process clause was interpreted to consist of two types of due process, which is the substantive due process, and procedural due process. The real meaning of substantive due process is the protection from arbitrary and unreasonable action on the part of state officials. The contrast, a procedural due process violation is one in which a violation of a significant life, liberty or property interest occurs. The procedural due process is akin to procedural fairness. University of Phoenix. (2013). The Magic Mirror Of "Original Meaning": Recent Approaches To The Fourteenth Amendment. Retrieved from University of Phoenix, CJA/364 website.

The Bill of Rights, consisting of the first 10 amendments to the United States Constitution, it places limitations on the powers of the federal government. The government’s power at the state and local levels is evidently inadequate by state constitutions. The part of every establishment, which articulates primary rights of citizenship. It is a declaration of rights that are immune from governmental interference, and this constitutes a reservation of limited individual rule. The Constitution are the rights to speak, assemble, and practice religion free from federal governmental regulation, the right to be free from unreasonable searches and seizures and the right to a jury trial when tried for a criminal offense. Originally restrictive only on federal power, the Bill of Rights has now been largely incorporated in to the due process clause of the Fourteenth Amendment, and thus made applicable to actions by the states as well. The different theories used to validate this incorporation has been effected is a subject of study and some controversy within modern constitutional law these rights may not be absolute. The courts will of necessity balance and limit them when they clash with one another. The first Amendment guarantee of free speech an publication has in some cases been found to conflict with the Sixth Amendment guarantee of a fair trial with the result of a judicial balancing of the two values. The rights may be balanced against social values that are considered of equal importance, such as national security. It has been said that freedom of speech does not extend to the right to falsely yell fire in a crowded theater. The free exercise of religion will constrained where its practice seriously endangers the lives of others, or violates other fundamental social values, such as laws forbidding bigamy.

References

Worrall, J. L. (2012).Criminal Procedure: From First Contact to Appeal(4th ed.). Retrieved from The University of Phoenix.

University of Phoenix. (2013). The Magic Mirror of "Original Meaning": Recent Approaches To The Fourteenth Amendment. Retrieved from University of Phoenix, CJA/364 website.

Serkin, Christopher University of Phoenix. (). Passive Takings: The States Affirmative Duty To Protect Property. Retrieved from Serkin, Christopher University of Phoenix, CJA/364 website.