Due Process
The Fifth Amendment states that no one should be “deprived of life, liberty or property without due process. In the Fourteenth Amendment ratified in 1868, the U.S. Constitution defines due process as a legal obligation for all states and prevents governments from affecting citizens in an abusive manner. Therefore, due process law lays procedural standards that must be observed by courts so as to protect the rights of people on an array of personal liberties. Imperatively, the two amendments guarantee that a person cannot be deprived of their life, freedom or property without following set legal standards or due process law.
Criminal Court Process
The criminal justice process in the United States is designed to offer protection and justice to all members of society right from arrest investigation and arrest, punishment, and rehabilitation of those convicted. The process starts with investigation and arrest activities where police collect evidence and make arrests if the evidence is sufficient. To search for evidence, the police must have probable cause as a legal standard. The police can also obtain an arrest warrant from a judge in some cases. Once a person is arrested, they are prosecuted by being charged for a crime. The next step is the indictment of the person by a grand jury and arraignment in court. The defendant then enters a court and makes a plea. Before arraignment, the suspect can be played in a pretrial detention or negotiate bail before trial. If the suspect pleads guilty, then their defense attorney can enter a plea bargaining where they seek a pre-determined outcome for pleading guilty, usually a charge reduction or reduction of the sentence. Lastly, trial occurs once the suspect has entered a plea. The trial and subsequent sentencing are done by a judge or jury and both the defense attorney and prosecutor participate in these proceedings.
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