Justice is for both the accused and the accuser. The US criminal justice and system tries to set a balance that favors the right of both the accused individuals and the rights of the citizens in the country. Notably, a shortcut to justice can lead to tyranny. As a result, the US criminal justice is not only a sword that the community strikes those people who have wronged them but also act as a shield that protects those who are accused against the uncooperative polices, judges and prosecutors.
First, the criminal justice has come up with the fourth and fifth amendments that direct the criminal justice on how to provide justice for the citizen while at the same time protect the accused. The fourth amendment prohibits unreasonable searches and seizure. The equal bill states that direct warrant shall be issued upon probable cause. The Fifth Amendment, on the other hand, provides for the use of the grand jury indict accused of severe crimes, self-incrimination and prohibit double Jeopardy ( Lewis, 2017).
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Further, the criminal justice also provides the sixth amendment to balance between the rights of the accused and protect the citizens. This amendment claims that upon arrest, the accused shall enjoy a speedy and public trial. In this case, the criminal system implies that the accused is innocent until proven guilty ( Hudson Jr, 2015). As a result, the accused cannot be remanded for a long time as this will be unfair for a person yet to be proven as guilty. Further, the court cannot be biased against the accused or the accuser. They both have the right to fair trial. Also, the accused have the right to know why he or she is charged. Also, he or she has a right to face the witnesses and be notified of charges.
Lastly, the fourteenth amendment also grants protection to any American citizens whether accused or accuser. It states that a person cannot be deprived of his or her right without due process of law. It further states that none can be denied the equal protection of the law. It implies that the criminal justice has the right to protect the citizens’ and the accused’s right equally.
References
Hudson Jr, D. L. (2015). Does the Speedy Trial Clause of the Sixth Amendment Apply to Sentence Proceedings (14-1457)? Preview US Sup. Ct. Cas. , 43 , 213.
Lewis, A. (2017). A public right to know about public institutions: The First Amendment as a sword. In Media Freedom and Contempt of Court (pp. 35-60). Routledge.
