The idea of having a criminal law, procedure and a proper court system has been a concern and must in the United States since it was first founded. This concept is always under consistent speculation and undergoes changes almost every year. One of the most influential pieces included into the procedure of criminal law and the court system is the Bill of Rights. The Bill of Rights was created by the representatives of America to not only enforce the idea of substantive law, but also create a framework for the rights of every day Americans. Ever since the creation of the Bill of Rights, there has been a constant need for change laws and procedures in order to accommodate for rights given to each citizen. In this paper, the analysis of the affect of the Bill of Rights will be analyzed as well as the reasons for increased incarceration rates and the issue of plea bargaining.
Now, the question is whether or not the Bill of Rights’ criminal justice system details deals with substantive law or the law of criminal procedure. The four amendments that will be in focus are the fourth, fifth, sixth, and the eight amendments. These four amendments focus on the basic right to an attorney as well as rights given out in the court room. Thus applying that the Bill of Rights pertains to the idea of substantive law; substantive law is statutory or written law. Substantive law embraces the fact of civil rights and duties, also keeping responsibilities in civil law. Due to the fact the four amendments in the Bill of Rights dealing with the criminal justice system apply to civil rights and requirements in the court system to give proper representation; it is more closely correlated with substantive law over the law of criminal procedure. The other ...
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...ctions. All of these reasons are why I think we have such a high rate of incarcerations and low rate of people using their right to a jury trial in today’s criminal justice system.
The Bill of Rights has had one of the most important impacts on the criminal justice system we still use to this day. It allows us to have our basic rights in the court room, and gives the system a means of rules to follow in order to keep these rights present. I think that there are still many rules and regulations that need to be changed in order to make the system more lenient and beneficial rather than just punishable; but at the end of the day I believe we have a strong system in the United States and each individual is given their proper rights. It is a ever changing system, with its flaws and positives, but it keeps our communities safe and represents who we are and our values.
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