Criminal Justice System
How does the U.S constitution impact the American criminal justice system?
Generally, criminal justice encompasses all the processes and proceedings that happen when a suspect is arrested, taken through prosecution, up to when the case is over. Experts allude that the constitution of United States enforces the protection of basic rights throughout the process of administering criminal justice (Harr et al. 34). In essence, it ensures that all levels of criminal justice system follow basic principles and procedures aimed at protecting human rights. The constitution guides the entire system by guaranteeing fair hearing and equal treatment of people. These proceedings are guided by different Amendments. Notably, it provides for pretrial hearings by grand jury in felony cases, cautions against double jeopardy and cushions suspects from answering questions likely to be used against them. Consequently, the document protects civil rights and liberties among others.
The constitution stresses on the fact that constitutional protections are an essential part of life. Therefore, judicial officers cannot violate constitutional rights of Americans. For example, the constitution through the 14th Amendment reinforces on the need for an elaborate due process in all actions, including criminal laws, while giving equal treatment and protection to all people. Fundamentally, legal professionals opine that due process is critical in the justice system because it presents an opportunity for a person to be heard (Vinson n.p). Similarly, the 5th Amendment requires that suspects are taken through pretrial, protects them from double jeopardy and guarantees fair proceedings. Fair proceedings are crucial to ensure that justice is served and people are not convicted for crimes they did not commit. Without the constitution, the entire criminal justice system would be a mess, marred with corruption, confusions and infringement on civil rights and liberties.
Harr, J S, Kären M. Hess, and Christine M. H. Orthmann. Constitutional Law and the Criminal
Justice System. Belmont, CA: Wadsworth/Cengage Learning, 2012. Print.
Vinson Carl. Your Basic Constitutional Rights in the Criminal Justice System. Georgia Legal
Aid. Georgia Legal Aid, 2004. Retrieved from: https://www.georgialegalaid.org/resource/your-basic-constitutional-rights-in-the-crimi. Retrieved March 28, 2018.