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CRIMINAL PROCEDURE POLICY PAPER

Criminal Procedure and Policy Paper

Theresa Tarleton
CJA/315
04/3/2016

Criminal Procedure Policy Paper

Criminal proceedings deal with the set of rules governing the series of proceedings through
which the government in forces substantive criminal law. Municipalities states and the federal
government each has their criminal codes, defining types of conduct that constitute crimes. Title
18 of the U.S. Code outlines all federal crimes. Typically, federal crimes deal with activities that
either extends beyond state boundaries or directly impact federal interests. (Criminal
Procedure/wexLegalDictionary/Encyclopedia). The primary goals of the criminal justice system
are to protect all the citizens of the United States, punish criminals that have committed unlawful
as well as illegal crimes and maintain order. The due process model focuses less on the pace and
resolution of a case and further on the step by step examination of the individual due process
rights given to the criminal defendant. The due process establishes whether the police used legal
means to perform their investigation and if probable cause existed for the arrest. Probable cause
is the facts and situations that would lead a reasonable person to believe that crime happens and
that the individual of interest is likely involved. The Fifth Amendment says to the federal
government that no one shall be deprived of life, liberty, or property without due process of the
law. The Fourteenth Amendment, ratified in Due Process Clauses, to describe a legal obligation
of all states.
The crime control model is considered to be conservation approach to crime; that concentrate on
Protecting society from criminals by regulating criminal conduct and justice, this model stresses
harsh and sudden punishment for crimes, and tries to move criminals cases through the criminal
justice system as quick as possible.
The concept of due process dates back to the English Magna Carta (Latin for the Great Carta. A
charter agreed by King John of England at Runny Mede, near Windsor, in June 1215. It promised
the protection of church rights, protection for the barons from, access to quick justice, and
limitations on feudal payment to the crown, to be implemented by a Council of 25 barons.
Magna Carta came to be the law of legislation, and a measure of the legally of all other laws.
Echoes of Magna can be revived in the U.S. Bill of Rights within the American Constitution.
Know freeman is to be taken or imprisoned or this seized of his free customs, or outlawed or
exiled or in any way ruined, nor will we go against such a manner or send against him saved by

lawful judgment of his peers or by the law of the land. Magna Carta, chapter 29, 1297, No
person shall be deprived of life, liberty or property without due process of law.

The elements of the Fourth Amendment search obtaining a search warrant are (1) probable
cause-self-explanatory. (2) Oath or Affirmation-police must swear under penalty of perjury that
the information is based on probable cause. (3) Particularity Requirement- must be accurate as to
what is being searched or seized (4) Neutral magistrate not paid or having any interest in the
warrant. The Bill of Rights is the first amendments to the constitution, the reason for this bill is
to provide specific freedoms to citizens and limit the power of the government. The Bill of
Rights protects humans to live has humans. According to the Bill of Rights Dictionary
Definition: Vocabulary.com The Bill of Rights attached to the constitution as the first amendment
on Dec 15, 1791. The Bill of Rights, Declaration of Independence as well as the Constitution, is
said to be one of our nation's critical documents. The Bill of Rights was acknowledging to
Congress on August 21, 1789, by James Madison. That consisted of 12 amendments which
would restrict the authority of centralized government and protect the rights of human beings.
Out of the 12 Amendments proposed, 10 were ratified by the states on December 15, 1791,
which the Bill of Rights formally became law. The charters of freedom describe the three
documents in early history known as the United States Declaration of Independence, the
Constitution and the Bill of Rights. The laws include the Bill of Rights explicit what rights and
liberties American people have, it protects them from the consequence of widespread opinions
and rude or derogatory officials.

How does the Bill of Rights safeguard our liberties and freedom? The Fourth Amendment places
limits on the power of the police to make arrest, search people and their property and seize
objects and contraband (such as illegal drugs or weapons.) The Fourth Amendment to the United
States Constitution read. The right of the people to secure in their persons, houses, papers.
Effects, against unreasonable searches and seizures, shall not be violated. No warrants shall
issue, but upon probable cause, supported by oath or affirmation, particularly describing the
place to be searched, and the persons or things to be seized.

The Fifth Amendment to the United States Constitution provides; No person shall be held to
answer for a capital, or otherwise infamous crime. Unless a presentment or indictment of a
grand jury, +*9 except in cases arising in the land or naval forces,
+1o r in the military. When in actual service in time of war or public. Nor shall any person be
subject for the same offense to be twice put in jeopardy of life or limb. Nor shall be compelled
in any criminal case to be a witness against himself. Nor be deprived of life, liberty, or property
without process of law; nor shall private property be taken for public use, without just
compensation. Fifth Amendment Wax/

The Sixth Amendment to the United States Constitution read. In all criminal prosecutions, the
accused shall enjoy the right to a speedy and public trial. By an impartial jury of the State and
district shall have been on previously as curtailed by law. To be informed of the nature and cause
of the accusation to be confronted with the witnesses against him; to have compulsory process
for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (Sixth
Amendment legal dictionary. The freedictionary.com.)

The Fourteenth Amendment to the Constitution was ratified on July 9, 1868, and granted
citizenship to all persons born or naturalized in the United States, which include former slaves
recently freed. It forbids states from denying any person life, liberty or property, without due
process of law, the 14th amendment significantly expanded the protection of civil rights to all
Americans and cited in more litigation than any other amendment (14th Amendment to the
United States Constitution; Primary).

.
Conclusion
As well as any other law, rules, or regulation, all amendments have a reason and a purpose. As
people of the United States, we are given rights and liberties, whereas we must know and
understand our rights to figure out why our criminal justice system operates the way it does. If
people stop pointing the finger and blaming one another, and try to help one another to know and
learn that they do have rights, our nation will forever be divided and have the lack of knowledge
of their rights.

References;
Bill of Rights-Dictionary Definition: Vocabulary.com
Retrieved from: https//www.vocabulary.com
Charter of Freedom- The Declaration of Independence
Retrieved from: www.arc
Criminal procedure/wexLegalDictionary/Encyclopedia
Retrieved from: law.cornell.edu/wex/criminal/procedure
Fifth Amendment/wexLegal Dictionary/Encyclopedia
Retrieved from: law.cornell.edu/wex/fifth amendment L11
Magna Carta and the law
Retrieved from: www.magnacarta.Senate.gov
United States Bill of Rights Summary 1st ten amendments to
Retrieved from: totallyhistory.com/bill-of-rights the
Understanding Search-and-Seizure Law
Retrieved from nolo.com/legal encyclopedia/search seizure criminal law-30183.html 14th
Amendment to the Constitution Was Ratified. (n.d.,.,). Retrieved from
http://www.americaslibrary.gov/jb/recon/jb_recon_revised_1.html