criminal procedure

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The criminal justice process is a very intrinsic system. The procedures that are followed are different for state and federal cases. It is made up of checks and balances that ensures everyone due process while they are dealing with the system. This paper will discuss federal case procedure, the protections that are given under the constitution, the chronological process from arrest to appeal, as well as future changes to improve the process.
Wright states “criminal procedure's roots are found in the Bill of Rights, which addresses fundamental principles such as protection against unreasonable search and seizure, double jeopardy, self-incrimination, excessive bail, the right to a jury trial, effective counsel, and confrontation of witnesses” (2013). The rules of criminal procedure must be followed by everyone including the police, defense lawyers, the suspects, the judges, the witnesses, and the victims. The procedures must be followed while investigating, apprehending, and processing. It would be unethical not to give a person the rights that are guaranteed to them. To not follow criminal procedure is not only a violation of the law but it is morally wrong and unjust.
The process begins with the arrest. Arrest is considered a seizure of a person. The Fourth Amendment is the amendment that protects people from unreasonable search and seizure, but our text states “It does not, however, protect people from all intrusion into their privacy” (Wright, 2013, 9.1). Therefore there are many circumstances where the police may legally conduct a search without a search warrant. Custody can be obtained voluntary or by force and is the response to criminal charges based on probable cause. Probable cause is sufficient proof that woul...

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... anger management, agree to urine test, surrender drivers’ license, or community service. The conditions are given at the judge’s discretion. First time nonviolent offenders are usually considered for probation. The length and terms of probation are given at sentencing.
The changes in criminal justice are beneficial and detrimental at the same time. Changes are beneficial, because technology advances will aide in catching and identifying criminals, and also act as a deterrent against crime. It is detrimental because just as new technology and advances are made available to law enforcement it is also being sought out by criminals. I think Scmallenger said it best “Although the crimes it faces may change, the American criminal justice system of the future will likely remain recognizable through its backbone systems: the police, the courts, and corrections” (2011).

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