Criminal Procedure Issues - Essay Example

This makes great sense because having more than one witness, in any case, reduces the chances of false accusations against the defendant. In addition, a single witness can incriminate the accused due to ill intentions or the presentation of wrong information unknowingly.

My view of witness cross-examination is also affirmed by scriptures quoted from Proverbs 18:17 and Deuteronomy 13:16–19. Both scriptures encourage cross-examination of witnesses to establish whether the information given is true or false which is my view of criminal procedure operation. Further, the scriptures quoted from Exodus 22:12-13 and Deuteronomy 22:13–18 confirm my view of using physical evidence to deliver fair judgment.

The current criminal procedure addresses the issue of witnesses, cross-examination of witnesses, and provision of physical evidence in an acceptable manner. Firstly, the current criminal procedure uses federal rules that incorporate the rights of each party that participates in criminal trials. More importantly, the rights included demonstrate the bible teachings within the law. For example, the current system enables criminal defendants to receive a fair trial (The Legal Information Institute, n.d).

Secondly, the current criminal procedure permits substantive due process. This is where law enforcement officers as well as judges and prosecutors are constrained by the constitution so that fundamental rights and liberties for people involved in a criminal procedure are adhered to (The Legal Information Institute, n.d). Therefore, the law enforces cannot take advantage of their position to intimidate the accused.

Of more importance, the current criminal procedure provides for the cross-examination of prosecution witnesses. This facilitates the procedure of determining whether the information presented is factual or false. In addition, the current criminal procedure permits the accused to seek the assistance of a counsel (National Legal Aid & Defender Association, 1). This enables the accused to have a fair trial because the counsel is more informed on the legal procedure and hence defends the accused on legal grounds.

Lastly, the current legal procedure follows a systematic way that enables justice to be carried out. For example, after arresting by law enforcers, the accused is arraigned in court to confirm or reject the accusations. Further, the suspect is usually released by the issuance of bail and is informed of his rights. Next, pre-trial hearings are conducted where the judges determine whether enough evidence exists to warrant persuasion of the matter (The Legal Information Institute, 1).

The current criminal procedure has addressed the issue of witnesses, cross-examination of witnesses, and physical evidence biblically. However, the current system should devise methods of determining whether the physical evidence is real or not. This is because there are cases where evidence incriminating the accused exists but the evidence is just framed. For example, a defendant may be accused of stealing an item found in his backyard while the truth of the matter is that the item was just thrown in his backyard, and a letter was retrieved as a piece of evidence. According to United Nations Office on Drugs and Crime, physical evidence plays an important role in priding reliable and objective information concerning a crime incident (2009). Therefore, it is vital to establish a system to identify the correct evidence relating to a particular crime.

In conclusion, the current criminal procedure has tried to uphold the bible teachings regarding witnesses, cross-examination of the incident, and physical evidence. However, as explained at the end of the discussion, the physical evidence system should be improved to reflect the bible teachings explained in 1 Corinthians 15:5-7 of the New American Standard Bible. Lastly, it is important to point out that the scriptures in the thread have confirmed that the current criminal system is largely based on bible principles.