Friday, April 26, 2019
Role in Criminal Procedure of US Constitution Essay
federal agency in Criminal Procedure of US arrangement - Essay ExampleIn the US Constitution itself, there is an Article that includes provision for both pre-trial and trial rights. Article III, Section. 2, Clause 3 indicates that the Trial of both Crimes shall be by Jury and such Trial shall be held in the State where the said Crimes shall cast been committed (National Archives, Constitution of the United States, Art.III, .2, cl.3, 1787) This passage determines two important elements of criminal procedure, namely the jury and venue. These be of the essence(p) while they describe the place and method of criminal procedure.As for the Bill of Rights, there are several(prenominal) Amendments that are relevant to the current research question. To be more limited, Amendments Fifth, Sixth and Eight seem to be the most important to determining criminal procedure. Within the Fifth Amendment, there are several crucial points to understand in regard to criminal procedure. First, this Amendment rejects penalty for capital or infamous crimes except for specific cases. Similarly, in the Eight Amendment, it is stated that excessive bail shall not be required, nor excessive fines, nor cruel and singular punishments. (National Archive, Bill of Rights, Amendment VIII, 1789) Second, Amendment V also indicates that one person will not be say twice for the same crime. Third, any person has the right not to witness against oneself. Finally, the Amendment does not allow the punishment of a person without due juridical process. (National Archive, Bill of Rights, Amendment V, 1789).
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