The U.S. Constitution was enacted to ensure that any citizen, who was accused of a crime, would receive fair and equal due process. More specifically, the U.S. Constitution’s procedural rights are defined by the Fourth, Fifth and Sixth Amendment of the Bill of Rights. These Amendments only reflect a portion of the Constitution’s Bill of Rights however, they are important to the Criminal Justice System because they outline a standard procedure that the government must follow during the entire course of any criminal case. In doing so, both the innocent and guilty are protected from any indiscriminate or arbitrary misuse of the law from the courts, law enforcement and any other member of the judicial system.
To preserve certain rights of the citizens, the Fourth Amendment protects …show more content…
This Amendment contains a self-incrimination clause, which safeguards suspects and defendants both civilly and criminally. This protection requires specific procedures to be followed allowing the suspect or the defendant, to exercise their right to maintain silence at any given time, including trial proceedings. In addition, the Fifth Amendment requires that before the federal government can prosecute a defendant for a felony, it must first present the evidence to a grand jury. The grand jury must then decide if a case has enough evidence to indict and prosecute the defendant for a said crime. The Fifth Amendment also prohibits double jeopardy or subjecting an individual to multiple punishments or prosecution, on a single offense after conviction or acquittal once jeopardy has been attached. In the case of a mistrial or an appeal,; jeopardy would not apply. Finally, the Fifth Amendment prohibits the government from seizing personal property or land when deemed for public use without fair compensation to the
To preserve certain rights of the citizens, the Fourth Amendment protects …show more content…
This Amendment contains a self-incrimination clause, which safeguards suspects and defendants both civilly and criminally. This protection requires specific procedures to be followed allowing the suspect or the defendant, to exercise their right to maintain silence at any given time, including trial proceedings. In addition, the Fifth Amendment requires that before the federal government can prosecute a defendant for a felony, it must first present the evidence to a grand jury. The grand jury must then decide if a case has enough evidence to indict and prosecute the defendant for a said crime. The Fifth Amendment also prohibits double jeopardy or subjecting an individual to multiple punishments or prosecution, on a single offense after conviction or acquittal once jeopardy has been attached. In the case of a mistrial or an appeal,; jeopardy would not apply. Finally, the Fifth Amendment prohibits the government from seizing personal property or land when deemed for public use without fair compensation to the