The Criminal Procedure Process

1010 Words null Page
Criminal procedure is made up of laws and rules, these laws and rules govern the process under which crimes are investigated, prosecuted, adjudicated, and punished. Criminal procedure deals with the set of rules governing the series of proceedings through which the government enforces substantive criminal law. The federal government, states, and municipalities have their own criminal codes, outlining the types of conduct that constitute crimes. Federal crimes deal with incidences that either expand beyond state boundaries or directly impact federal interests. The process usually begins with a formal criminal charge and results in an acquittal or conviction of the accused (
The United States constitution and federal courts provide procedural rules that law enforcement must follow. Suppression of evidence or the release of an arrestee may be the result if law enforcement fails to follow these laws. Most criminal procedure rules are familiar because they are listed in the constitution. The fourth amendment allows the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures. The fifth amendment allows the right to remain silent and the sixth allows your right to have an
…show more content…
China uses a civil law inquisitorial system rather than common law adversarial system. In an inquisitorial system, the presiding judge is essentially responsible for gathering the evidence necessary to resolve the case. The judge actively searches for evidence and questions the witnesses. Attorneys play a more passive role; the attorney’s questions are often very brief because the judge tries to ask all the questions. Whereas the adversarial system has both sides dispute, in the hope that the truth will unravel. The objective to both the adversarial system and the inquisitorial system is to find the

Related Documents