The Rights of the Defendant in theAmerican Criminal Justice System (Your make headway (Your University2007The Rights of the Defendant in the American Criminal Justice SystemIntroductionThe foetid justice system enforces wretched statutes through the social and level-headed institutions in accordance with the prescribed fell procedure and regulations . It consists of subsystems much(prenominal)(prenominal) as the law enforcement , the judiciary , the reality prosecutors and defenders probation and parole agencies and the corrections surgical incision , and the prison house institutions (Frase and Weidner , n .d . The bend statutes define crimes and their single defenses . On the other legislate , criminal procedure delineates the the stages of the criminal routine from arrest through pursuance , sentencing , appeal an d exclude from prison (Jacobs , 2007 . The criminal justice system works both in the federal and state levels . Each has its own grade of criminal laws , courts enforcement agencies and probation systems (Jacobs , 2007The foundation of criminal procedure is the U .S . personality (Jacobs , 2001 . specifically the Bill of Rights is placed in the spirit to entertain the citizens from the considerable powers of government It grants fundamental right ons and liberties to all those living in the join States (Jacobs , 2001The defendant in a criminal prosecution is exonerate the presumption of innocence . This necessarily means that the saddle of proving his viciousness beyond reasonable doubt rests upon the prosecution (Jacobs , 2001 . The due(p) giftle clause of the Constitution accorded the defendant a immense array of protections and guarantees such as giving him an opportunity to be heard . The ordinal Amendment ensures that the defendant is not tried double or muc h for the comparable offense and by the sam! e authority . This is the right against double jeopardy (Jacobs , 2001 Moreover , the Constitution protects the defendant by guaranteeing that he does not testify against him ego or the right against self incrimination (Jacobs , 2001 .
The rights enumerated under the Sixth Amendment link up to the systemise rights of the accuse in criminal prosecutions . The rights of the defendant in criminal prosecution are 1 ) right to a sprightly trial 2 ) right to a public trial 3 ) right to a trial by instrument panel 4 ) notice of the accusation (5 ) right to give the opposing witnesses 6 ) right to compulsory process for obtain ing approbative witnesses and (7 ) the assist of counsel or right to counsel (Oxford abetter _or_ abettor , 2005 . The right to a speedy trial prevents oppressive custody before trial and ensures defense by the accuse of his guinea pig . The right to a public trial acts as a safeguard against abuse of judicial power . Moreover , it likewise assures the accused that he is informed of the charges against him . This is part of due process (Oxford Companion , 2005 . The right to confront opposing witnesses refers to the right of the accused to cross examine said witnesses . He is besides authorise to subpoena witnesses in his behalf (Oxford Companion 2005 . Finally , the accused is also entitled to be represented by counsel or a lawyer . The Eight Amendment on the other hand proscribes excessive bail , cruel...If you want to get a keen essay, order it on our website: OrderCustomPaper.com
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