Rights of the Accused
May 1, 2013
This paper will discuss how due process operates, in the criminal justice system. We will take an in depth look into how the due process effects the criminal justice system. However, in order for anyone to understand due process in the criminal justice, one must first know the meaning of due process. The most commonly used form of sentencing is probation, meaning the suspect is set free but under supervision of a probation officer.
Define due process and its origins.
According to Black’s Law Dictionary: "Due Process of law implies the right of the person affected thereby to be present before ...view middle of the document...
The rights of the accused are a collection of rules and statutes that are in place to protect a person accused of civil or criminal offense (Ellis , 2003-2011). It is important for those accused of crimes to have rights that protect them. This is extremely important for legal systems that base their criminal justice system on a presumption of innocence. In this type of society the burden of proof is placed on the prosecution, which in turns places a high priority on the rights of the citizens. This allows the justice system to ensure the rights of those who have not yet been proven guilty are not infringed (Ellis , 2003-2011).
The rights of the accused are as follows:
1) Right to remain silent until they can speak to legal counsel.
2) Right to adequate legal representation. In the event they cannot afford one, the court must provide them with an attorney.
3) Right to know what the charges against them are and to confront witness/witnesses testifying against them.
4) Right to gather their own evidence and witnesses.
5) Right to speedy and public trial if it is their desire.
6) Right to be free of unreasonable search and seizure.
The process after a crime has been committed through post arrest procedures are as follows:
1) The police collect/analyze evidence and stock.
2) The police will then review any potential witnesses.
3) The police must narrow down suspect/any people of interest and request alibi’s/questioning.
4) The police will then make an arrest if enough evidence of the person they feel committed the crime.
5) Then there is an arraignment set to procure bail with the magistrate.
6) If bail is set and the suspect is able to meet bail, then they may be released, if bail isn’t met the suspect remains in jail.
7) Then a hearing may be set to confirm the trial type and the date.
8) If jury is needed then jury selection will be made.
9) Once jury is selected the trial begins shortly after.
After trial, if the suspect...