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Role in Criminal Procedure of US Constitution - Essay Example

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This paper “Role in Criminal Procedure of US Constitution” aims to understand the impact and relevance that the US Constitution and the Bill of Rights have on the organization of the modern criminal procedure. The author determines two important elements of criminal procedure - the jury and venue…
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Role in Criminal Procedure of US Constitution
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Role in Criminal Procedure of US Constitution

Download file to see previous pages... In the US Constitution itself, there is an Article that includes provision for both pre-trial and trial rights. Article III, Section. 2, Clause 3 indicates that “[t]he Trial of all Crimes […] shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed […]” (National Archives, “Constitution of the United States, Art.III, §.2, cl.3”, 1787) This passage determines two important elements of criminal procedure, namely the jury and venue. These are crucial while they describe the place and method of criminal procedure.As for the Bill of Rights, there are several Amendments that are relevant to the current research question. To be more specific, Amendments Fifth, Sixth and Eight seem to be the most important to determining criminal procedure. Within the Fifth Amendment, there are several crucial points to understand in regard to criminal procedure. First, this Amendment rejects punishment for capital or infamous crimes except for specific cases. Similarly, in the Eight Amendment, it is stated that “[e]xcessive bail shall not be required”, nor “excessive fines, nor cruel and unusual punishments.” (National Archive, “Bill of Rights, Amendment VIII”, 1789) Second, Amendment V also indicates that one person will not be answering twice for the same crime. Third, any person has the right not to witness against oneself. Finally, the Amendment does not allow the punishment of a person without due juridical process. (National Archive, “Bill of Rights, Amendment V”, 1789). ...Download file to see next pagesRead More
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