Due Process Clause Of The Criminal Courts In Criminal Justice
Rights & Protections for the Accused The United States Constitution and the Bill of Rights assures important protections for individuals accused of crimes in the United States. Therefore, when an individual is charged with a crime, they are guaranteed a variety of rights that are aimed to insure that all legal proceedings are followed fairly.
Writ of Habeas Corpus
Under, Article 1, Section …show more content…
To put it in another way, an individual accused of a crime having the rights to have their guilt or innocence determined by a jury.
The Fifth Amendment states that no person “shall be compelled in a criminal case to be a witness against himself”. The accused must have a legitimate concern that their testimony will contribute to their crime. Individual accused of crimes or are witnesses in legal proceedings can invoke this right by pleading the fifth or claiming their Fifth Amendment rights, see Miranda v. Arizona.
In addition, individuals accused of a crime are also protected from double jeopardy. The Fifth Amendment states, no person shall “be subject for the same offence to be twice put in jeopardy of life or limb.” If the result of a trial is acquittal, no further legal action is taken against the defendant for that crime. It’s possible for an individual to be tried in criminal court for a crime and then be sued in civil court for damages caused by the same criminal act, such as O.J Simpson case. For the purpose of the Fifth Amendment, they are considered different in nature.
No Excessive, Cruel or Unusual …show more content…
The Tennessee Federal Appeals Process When a conviction in the Federal District Court, lawyers, plaintiff, or defendants must make a decision whether or not to appeal, due to a brief window of time. A written statement must be submitted explaining any reasons for the appeal, describing specific instances in which significant errors, omissions or negligence prevented individuals from receiving due process.
Intermediate Appellate Courts
There are two intermediate appellate courts, one is for civil cases and one for criminal cases. Tennessee is one of only two states to have this structure at the intermediate appellate level.
• The Court of Appeals – Composed of twelve judges this Court of Appeals hears most civil cases from lower courts. This Court of Appeals meets in Nashville, Knoxville and Jackson, TN.
• Court of Criminal Appeals – The Tennessee Supreme Court in the 1960’s needing relief from routine criminal appeals, the General Assembly expanded the jurisdiction of the Courts of Appeals to deal with caseloads. Is composed of twelve judges, the Court of Criminal Appeals operates in the same way as its civil counterpart, but jurisdiction is limited