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How does the courts interpretation of due process affect police practices related to search, arrest and interrogation - Essay Example

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Court plays an integral role in criminal trials and paving way for the course of justice, however, a court’s interpretation is not only restricted till punishing the perpetrator of the delinquent act but also pays an important in other facets of the trial…
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How does the courts interpretation of due process affect police practices related to search, arrest and interrogation
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Download file to see previous pages Court plays an integral role in criminal trials and paving way for the course of justice, however, a court’s interpretation is not only restricted till punishing the perpetrator of the delinquent act but also pays an important in other facets of the trial.These facets involve police practices such as issuing search and arrest warrants, and even the process interrogation is contingent upon the interpretations made during the proceedings. (Scheb, 2008, P.p 10-15) It should be further noted that by initiating the process of prosecution the court has undertaken their responsibility to punish the criminal on behalf of the entire society. There are basic procedural steps that follow respective searches, seizures, interrogation and arrests. Law enforcement agencies are directly under court orders. It vastly depends on the circumstance under which complaint is filed and the defendant is being tried. (Scheb, 2008, P.p 10-15) It is the truth-finding process; a search warrant may be issued in order to gather evidence and if the evidences produced in the court may cause the legal professionals to assume that a further search can help search out more incriminating evidences or something that can prove the defendant’s innocence then in such a circumstance a search warrant may be issued. Seizures are the result of “Reasonable suspicion” that is the high probability that the property in question, may be altered that can distort or destroy a significant piece of evidence. Analogous to the facets of the US criminal justice system discussed above, arrests are made following a “Grand Jury Indictment” and is only performed when evidence point towards the fact that a crime has been committed and there is ample reason to believe that a crime has been committed. Basically, it is because of the jurisdiction that is produced during the trial which is responsible for the law enforcement activities and it is their interpretation that affects these the most. It is fundamental step in determining guilt or innocence of the defendant. (Scheb, 2008, P.p 10-15) 2. Why do state courts have to follow the same due process rights as the federal courts regarding search and seizure rights?  Courtroom proceedings are initiated by the law being broken and then it is followed by the process of trying the accused, analyzing the evidences and then eventually handing out the sentence accordingly. The criminal justice system in the United States of America is characterized by an absence of a single criminal or civil court. Instead the American judicial system is fragmented into the federal or national judicial system and then each American state or territory is governed by their set of rules and regulations. (Emmanuel, 2009, P.p 5-6) Courts that function on a state and federal level may operate as separate entities but they have countless similarities. The constitutional doctrines that is used to govern the entire nation is also used as the foundation of drafting out a state constitution hence, there is immense amount of correspondence in the way they function. As a matter of fact the framework, upon which both of these entities function, is largely the same and when it comes to issuing search, arrest and seizure warrants both courts follow the same due process. (Weiss, 2003) The only difference is in the types of crimes that are tried by each of the legal entities and the way they are tried; for instance federal courts hears cases pertaining to offences that affect the country as a whole whereas, state courts hear offences that are slightly lower in gravity than the ones being handled in federal levels. Therefore, for the most part of the trial process the same procedure is followed. That is relevant interpretation of the trial by the court causes magistrates to issue search and seizure ...Download file to see next pagesRead More
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