Criminal Procedure Policy

“The Constitution of the United States was ordained; it is true, by descendants of Englishmen, who inherited the traditions of English law and history; but it was made for an undefined and expanding future, and for a people gathered and to be gathered from many nations and of many tongues” (Zalman, 2008 PG 1). —Justice Stanley Matthews “Criminal procedure deals with the set rules governing the series of proceedings through which, the government enforces substantive criminal law” (Cornell University Law School, August 2010).

The Federal Government, each state, and every municipality have their own criminal codes that define types of conduct that constitutes crime (Cornell University Law School, August 2010). Criminal procedure is shaped by both due process as well as crime control models. The most important purpose of criminal procedure is to maintain a proper balance between order and liberty. Order is the lawful limits put on the freedom of an individual to maintain the domestic tranquility which is necessary for the government to function properly and is necessary (Zalman, 2008).

Liberty is a political theory that supports criminal procedure; it suggests that the purpose of the government is to allow an individual maximum freedom to chase after his or her individual goals, within the Rule of Law (Zalman, 2008). Due Process Due Process is the criminal procedure, according to the reading is a “philosophy on the part of Supreme Court justices that errors in state criminal procedure that constitute grossly unfair and unjust proceedings can be reviewed by the federal courts under the Due Process Clause of the Fourteenth Amendment.

The term also conveys the idea that a decision made under this approach does not necessarily produce bring line rules because every case is decided on the totality of its facts and circumstances” (Zalman, 2008). Due process clause is “a clause found in the Fifth and Fourteenth Amendments saying that no person shall be deprived of life, liberty or property without due process of law. The Fifth Amendment clause applies against the federal government and the Fourteenth Amendment clause against state governments” (Zalman, 2008, Pg. 34). This means that no man or woman should be deprived of life, liberty, or property without acquiring a fair and justified court hearing. A model of due process” is one of two general attitudes within the criminal justice system that focuses on formal, adjudicative, adversary, fact-finding as well as the prevention and elimination of mistakes, legal guilt, and viewing the presumption of innocence” (Zalman, 2008).

This is to mean that every suspect must be treated as if he or she were innocent. This is why each suspect is considered innocent until proven guilty. Crime Control Model According to the reading crime control model is a theory that was developed by Herbert Packer that suggests that within the criminal justice system there are two general attitudes. The crime control model focuses on crime control, efficiency, and presumption of guilt and finality (Zalman, 2008).

This means that according the Crime Control Model the criminal justice system should focus on reducing the crime in society by increasing police and government powers. Crime Control focuses on the power of the government rather than an individual’s liberties. Fourth Amendment The Fourth Amendment states that people have the right to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.

This shall not be violated and no warrants shall be issued, unless there is probable cause supported by oath or affirmation and the warrant shall specifically state the area in which is to be searched as well as the persons or things will be seized (Cornell University of Law School, 2013). Fifth Amendment The Fifth Amendment states that no person shall be held to answer for a capital or infamous crime, unless on a presentment or indictment of a grand jury (Cornell University Law School, 2013).

There are expectations to this Amendment, such as this is untrue if arising in the land or naval forces (Cornell University Law School, 2013). It also states that no individual be subject to the same offense to be put into jeopardy of life or limb twice (Cornell University Law School, 2013). The Fifth Amendment also states that an individual cannot be a witness against him or herself, nor be deprived of life liberty or property without due process of law or have his or her property taken without just compensation (Cornell University Law School, 2013). Sixth Amendment

The Sixth Amendment states that in all prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime was committed (Cornell University Law School, 2013). The Sixth Amendment also gives an individual the right to know the nature and cause of the accusation to be confronted with the witnesses against him or her (Cornell University Law School, 2013). This is also the Amendment that gives an individual the right to have assistance of counsel for his or her defense (Cornell University Law School, 2013).