Many Americans come in contact with the U.S. legal system during their lifetimes, some for just cause and others without sufficient reason. From the "bottom"--that is, from the perspective of the person charged with a crime--the system of criminal justice may seem like a maze through which the individual is processed by means that often appear arbitrary and sometimes seem hostile or discriminatory…
Much of contemporary understanding with regard to criminal procedure arises from interpretations of the Fourth, Fifth, and Sixth Amendments--adopted along with seven others as part of the ten-amendment Bill of Rights in 1791--as well as the Fourteenth Amendment, ratified in 1868 as a means of securing rights for former slaves freed during the Civil War. The Fourth Amendment addresses the issue of …
In addition to the amendments, the main body of the Constitution provides a number of provisions governing criminal procedure. Among these is a guarantee regarding writ of habeas corpus. In Latin, the phrase literally means "You should have the body," the first words of the original Habeas Corpus Act, adopted in England in 1679. Under the writ of habeas corpus, a defendant has a right to appear b…
To return to the earlier view of the criminal justice system from the "bottom," the following provides a rough outline of the procedure whereby a suspect is sent through the legal process. The latter term, of course, suggests a factory-like atmosphere, which in turn carries with it negative connotations regarding the attitude of the justice system toward the individual. In fact the establishment o…
Criminal procedure places at odds two concepts dearly cherished by most Americans: public safety and order, and liberty. Accordingly, legal scholars have identified two opposing perspectives on criminal justice: the Crime Control model versus the Due Process model. The former places a premium on public safety, and accordingly values the interests of the public (and of the state) over those of the …
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