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Criminal Procedure

In: Social Issues

Submitted By junior43
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The process of criminal procedure involves regulations, which aid the order of procedures the government authorities use to apply criminal laws. The Fourth, Fifth, Sixth, Eighth, and Fourteenth amendment, and the Supremes Court understanding of the constitution are important for the study of criminal procedures (Zalman, 2008). The Federal Rules in criminal procedures ensure citizens’ rights to due process, right to a fair trial, right to equal protection, and right to lie, liberty, and property. Due process and crime control models play a major role in shaping criminal procedures. Both models hold some form of constitutional values required in the society we live in (Zalman, 2008). In this paper I will briefly discuss the similarities and the differences and how they have an effect on criminal procedure policies. Crime control model is known as the “presumption of guilt” model. This model assumes defendants are guilty, police and prosecutors are precise in their choices to arrest, apprehend, and prosecute suspects. As a result, the remaining steps in the criminal procedures become automatic and the investigative stages can be opposed (Zalman, 2008). Defendants are moved swiftly through the criminal justice system because he or he is presumed guilty until proven innocent in the court of law. Due process is based on the adversary law system, which believes an individual is innocent until proven guilty in the court of law. The adversary system prohibits law enforcement officers, attorneys, and judges from acting against a person who has not broken a law. Due process gives all people suspected of committing a crime constitutional rights and the opportunity to prove his or her innocence through a process of legal procedures (Zalman, 2008). Another difference between the two models is motive. The aim of Due process is to eliminate and prevent mistakes...

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