Essay about The Violation Of Criminal Justice System

Essay about The Violation Of Criminal Justice System

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The law is one of the fundamentals in a country or state to ensure there is a peaceful existence among all people across all levels in a society. Our criminal justice system provides a system of practices that have the sole duty and responsibility of upholding social control, deterring and mitigating any form of crime. The criminal procedures with that system are the safeguards against indiscriminate application of criminal laws and the protection of suspects from malicious behavior from initial contact with police, to being arrested, trial, sentencing, and appeals.
The process of selective incorporation protects the fundamental rights of a defendant, not all rights in the Bill of Rights, that include freedom from unreasonable searches and seizures (Fourth Amendment), protection against self incrimination and double jeopardy (Fifth Amendment), right to a speedy trial (Sixth Amendment), and protection against cruel and unusual punishment (Eighth Amendment). In essence, the Fourteenth Amendment states no person shall be deprived of life, liberty, or property without due process of the law and all persons within its jurisdiction will be treated equally. Violations of any of these rights can result in a vacating or reversal of a conviction during a trial or an appeal. For example, a persons Fifth Amendment is not violated if a defendant is required to appear before a witness or provide fingerprint, blood, voice or handwriting samples. In addition, a defendants Fifth Amendment rights are not violated if statements that are made prior to custody are used in a court of law, as the Fifth Amendment right to not self-incriminate is from the moment in custody. Although, a Fifth Amendment violation can occur if a prosecution comment...


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...stions of the Constitution or federal law, which gives the Supreme Court appellate jurisdiction. ("State & Federal Courts", n.d.) In addition to appellate jurisdiction, the Court has original jurisdiction involving ambassadors and other public ministers or cases between two or more states. For a party who is not satisfied with the lower courts decision they must petition the Court for review, or ask it to grant a writ of certiorari. This request orders the lower courts, usually the U.S. Court of Appeals or the highest court in their state, their records to the Supreme Court who can decide whether they want to hear the case. If a writ of certiorari is not granted, then the opinion of the lower court stands. For cases that make it to the U.S. Supreme Court, it is the final stop for case and the rulings made in the US Supreme Court are final. ("Federal Courts", n.d.)

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