StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...
Free

Criminal Procedure Issues - Essay Example

Cite this document
Summary
The essay "Criminal Procedure Issues" focuses on the critical analysis of the major issues in criminal procedure. The book ‘A Matter of Interpretation’ by Antonin Scalia elaborates on the methodology used for interpreting and implementing the Constitution's legal principles…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER91.4% of users find it useful
Criminal Procedure Issues
Read Text Preview

Extract of sample "Criminal Procedure Issues"

On the contrary, the commentators appeared to have criticized Justice Antonin Scalia stating him to be highly concentrative on the understandable meaning of the constitutional laws. The commentators elaborated on the necessity of the textualist towards understanding the situation depending on how he/she should be interpreting the constitutional laws. To the second commentator, the textualization of constitutional law can either be projected as a narrowed-down aspect or a broadened principle. Thus, the second comment implies the alignment of the commentator with the statements made by the first commentator.

The second commentator left a vagueness within the understanding of the situation as per which the narrowing or the broadening of the contextual textualization should take place. Irrespective of all these, the third commenter presented his views on the two types of textualists, i.e. ‘semantic-originalists’ and ‘expectation-originalists’ that take specific consideration of the law writer’s intention in terms of imparting a specific meaning of the constitution that appears to be misaligned with the facts mentioned by Justice Antonin Scalia. Justice Antonin Scalia also proved the fourth comment regarding the attainment of associated meaning from the constitutional interpretation as vague by stating that the legislation only possesses the authority of structuring the rules and it should remain confined to a specific meaning.

The alternative mentioned by Justice Antonin Scalia in terms of interpreting constitutional laws can be considered effective in recommending appropriate legal texts. The facts mentioned within the book have also been observed to be laying a significant amount of focus on the development and introduction of a new ‘meta framework’ that can be considered effective enough in terms of projecting an appropriate meaning of the constitutional laws rather than just concentrating on the vagueness of the historical interpretive patterns.

Some of the comments made by the commentators can be considered applicable under specific scenarios, but certain conditions should be abided upon regarding constitutional misinterpretation and the formation of associated judgmental laws. Thus, the analysis also provides suggestions based on which improvements can be made to the US Constitution.

Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Criminal Procedure Essay Example | Topics and Well Written Essays - 500 words”, n.d.)
Criminal Procedure Essay Example | Topics and Well Written Essays - 500 words. Retrieved from https://studentshare.org/law/1663744-criminal-procedure
(Criminal Procedure Essay Example | Topics and Well Written Essays - 500 Words)
Criminal Procedure Essay Example | Topics and Well Written Essays - 500 Words. https://studentshare.org/law/1663744-criminal-procedure.
“Criminal Procedure Essay Example | Topics and Well Written Essays - 500 Words”, n.d. https://studentshare.org/law/1663744-criminal-procedure.
  • Cited: 0 times

CHECK THESE SAMPLES OF Criminal Procedure Issues

Criminal Procedure in Saudi Arabia

The paper "criminal procedure in Saudi Arabia" discusses that criminal procedure has been developed since the new criminal procedure Act was enacted on 3 November 2001.... It is a major development in the country's criminal law, as is the Saudi Commission for Investigation and Prosecution establishment.... My research would concentrate on delays in criminal trials and seek new ways to manage this problem in the Saudi legal system by incorporating and adapting methods from other jurisdictions....
12 Pages (3000 words) Dissertation

Digital Evidence & Legal Issues

Digital Evidence and Legal issues BCJ 3801 Date Professor Introduction The increasing cases of cyber crime have impacted changes in the legal structures that guide criminal procedure and the consumption of digital evidence by court.... Criminal evidence procedure The investigation process in regard to digital evidence, such as in system intrusion cases usually is split into three stages: It starts with the gathering of stored traces of facts from third-party databases, turns next to potential scrutiny of the exhibits, before the forensic probe of the suspected criminal's hardware wraps up the process (Daniel, & Daniel, 2012)....
5 Pages (1250 words) Research Paper

COMPETITIVE DIALOGUE AND THE NEGOTIATED PROCEDURES

The competitive dialogue pass through the two stages as with the prior procedure with the difference notable in that within the negotiated procedures the contracting authority requires proposals from the shortlisted participants before engaging in negotiations.... Competitive dialogue is a mechanism or a procedure through which institutions achieve bidding mechanisms for the purpose of procurement by discussions.... A newly devised procedure, Competitive dialogue is most applied in public procurement and bidding practices....
16 Pages (4000 words) Essay

North Carolina: Criminal Procedure

This paper "North Carolina: criminal procedure" discusses the fundamental problem facing any society: how to control the actions of individuals that threaten the life, liberty, and property of other individuals as well as society's collective interests of order, peace, decency, and safety.... criminal law distinguishes between serious crimes, known as felonies, and less serious offenses, called misdemeanors.... Although of dubious ancestry, the felony murder doctrine has been incorporated into most criminal codes in the United States even in North Carolina (Hall, 2000)....
9 Pages (2250 words) Case Study

American Criminal Justice System

“Rationing criminal procedure: A Comment on Ashworth and Zedner.... Additionally, there are mechanisms such as “the case or controversy requirement, also called the “justiciability” doctrine, includes more specialised notions of ripeness, mooteness, and standing to sue, and prohibits consideration of constitutional issues except as a necessary incident to the resolution of a concrete “case” or “controversy” (Brilmayer 297).... However, such measures could be curtailed by some other grass root issues....
3 Pages (750 words) Essay

Felony Criminal Charge Procedure

This essay will be focussed on the stages of the criminal procedure that are common among the two-level of government in bringing felony suspects to justice.... This paper "Felony Criminal Charge procedure" discusses the criminal justice procedure that is followed for felony charge offenders.... Despite the procedure varying from state to state, there are acceptable steps that are involved which all the states and federal government concur....
9 Pages (2250 words) Case Study

Criminal Law and Procedure

Arrest- the second step of the criminal procedure according to this book is the arrest stage.... This paper focuses on the book "Criminal Law and procedure" written by Ronald J.... The book is an overview of theory and practice of criminal law.... According to the content of this book, there are several procedures that should be followed in a criminal case.... The first part addresses the concept of substantive criminal law, whereby the authors affirm that behavior is criminal....
5 Pages (1250 words) Book Report/Review

The Reforms Introduced in the Inquisitorial Criminal Justice System in Italy

The main aim of the code was to attempt moving towards a criminal procedure that is an adversarial model, a model that follows the distinctive perspective of the liberal ideology, this is because Italy was beginning to progressively adapt to the liberal democratic states system (Federico & Guarnieri 1988).... hus the decision to shift from the inquisitorial model or non-adversarial was mainly based on two primary issues.... he Italian parliament in 1988 made new enactment of a criminal justice procedure code....
11 Pages (2750 words) Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Contact Us