The United States (U.S) federal constitution offers numerous provisions related to the criminal justice system. Several articles in the constitution articulate the procedures and rights that criminal defendants have during the trial. Some of the clauses articulated in the constitution apply to State governments. It is essential to note that the outlined privileges regulate the pre-trial process in matters such as charging of excess bail, right to be indicted by a jury, representation by an attorney, and the right of not being subjected to cruel punishments. There are also trial rights such as the right to confront witnesses, right to get a public trial, and right not to be compelled to witness against oneself. The purpose of this essay is to answer several question s related to the U.S criminal justice and the constitution. These include whether a country such as the United States would function without a federal constitution ; whether it would be possible for each state to merely abide by its own constitution ; why the federal constitution should not include an overall criminal code specifying crimes and punishments that could apply universally throughout the U.S; and lastly, the current tensions between the states’ rights and the federal government.
Functioning of the United States Without a Federal Constitution
The U.S criminal justice system has many competing interests . These include the ability of the government to control crimes , and the protection of rights and freedom of the indicted person during the trial process. Therefore, the criminal justice system is aimed at balancing the duty it has to individuals and the society, who are the main components of the population ( Harr et al., 2014). With shifts in sociopolitical climate s , the system has changed to either favor more crime control measures or protection of peoples' freedoms and rights during the due process. In this regard, the U.S would not be able to operate without a federal constitution because it is needed to offer societal guidelines of individual rights and freedom as well as limit the power of State governments. The presence of the federal constitution strengthens the unity within the confederation. Through the rights and freedoms articulated in the 14 th Amendment of the federal constitution, states are forbidden to deprive people of life, property, and liberty without the due process of the l a w. Additionally, it is prohibited for states to deny individual s equal protection by the law . Therefore, the federal constitution is essential because it warrants order within the state criminal justice system and ensures that there is a balance between crime control and protection of individual rights and freedoms.
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The Ability of Each State to Abide by its Own Constitution
Harr et al. (2014) argued that the shifting of the sociopolitical climate forces the criminal justice system to either favor crime control or protection of individual rights. In the 14 th Amendment, the federal constitution mandates that State governments should provide each individual within their jurisdiction the equal protection of laws. Without the regulation offered by the federal constitution, states would not be able to adhere to their own constitution and protect each person within their jurisdiction. In this regard, there would either be an emphasis on controlling crime and police would be given more power. This would eventually abuse people's rights and freedoms because the process disregards the rights and freedoms of the person during the pretrial and trial stage. However, the federal constitution emphasizes individual rights and requires that each state ensures fairness while enforcing the law. The aim of controlling crimes should not come at the expense of personal rights and freedoms as articulated in the federal constitution. The constitution is needed to outline the behaviors that are legally and socially acceptable. Moreover, the constitution impose s consequences on states that fail to follow the due process in indicting an individual. The state agencies mandated to enforce the laws should never act outside the requirements of the federal constitution (Longley, 2017). Therefore, the power of state governments is restricted by the constitution through outlining how and when the government interferes with people .
Inclusion of an Overall Criminal Code in the Federal Constitution
The federal constitution should not include an overall criminal code that can apply universally throughout the U.S because it places limits on powers of the government. In this regard, the criminal code and punishment for crimes are left for individual states to complete as outlined in the 10 th Amendment ( Harr et al. (2014). The criminal code is aimed at outlin ing the limits of an individual to commit some action. In this regard, the constitution offers an outline about how state government s should formulate their criminal codes. The law is aimed at providing guidelines that strive to provide justice in an increasingly complex society that is characterized by diverse ideologies. The criminal code of each state should not violate the outlines or provisions made by the constitutions. Most of the crimes are determined by federal regulatory agencies such as the Food and Drug Administration. There are also state agencies that formulate criminal codes that can be used to prosecute and administer justice within a particular jurisdiction.
Current Tensions Between States Rights and the Federal Government
It is undeniable that regulations imposed by the federal constitutions are too intrusive on the public policy issues that affect states. However, with the enhanced mobility of the current Americans, and current issues such as homosexuality and marijuana legalization, there is a need for national regulations that offer clarity. However, the states have rights that are disregarded by many conservationists when they do not suit their ideological objectives. For instance , several states have legalized marijuana due to its medicinal advantages. Likewise, numerous states h ave legalized homosexuality. However, these are states’ rights issues and require amendment of the federal constitution to overturn. Many federal legislators have disregarded the local governments on issues such as homosexuality, gun control, and abortion laws (Gaylord, 2013). The U.S invoked the states’ rights as a way of defending slavery and justify ing the taking up of arms during the Civil War. The rights of states allow the local government to respond to the specific needs of the citizens while the federal constitution aims to bind these states to the larger nation. However, the Supremacy Clause in the U.S constitution states that all laws adopted by the federal government are supreme over the state regulations. However, this supremacy applies to the actions that align with constitutional federal constitutional powers and do not invade on the rights of sovereign states (Hunt, 2015). Currently, there are numerous states’ rights issues that violate the federal laws and ideologies of political groups .
Conclusion
The U.S criminal justice system articulates the procedures and rights that individual s have during the pretrial and trial stages. The clauses articulated in the federal constitution regulate the actions of state governments during the process of enforcing laws. The criminal justice system is aimed at controlling crimes and ensuring that individual rights and freedoms are protected. On the other hand, t he federal constitution is aimed at ensuring that the law enforcing measures adopted in states are fair and do not abuse the rights of the accused before there is sufficient evidence. The federal constitution cannot include an overall criminal code because it provides an outline for the formation of criminal codes within states and federal agencies. Further, s tates bear rights that conflict with the federal government . Notable conflicts in this regard include marijuana legalization and same-sex regulations .
References
Gaylord, S. (2013). States Need More Control Over the Federal Government. Retrieved from https://www.nytimes.com/roomfordebate/2013/07/16/state-politics-vs-the-federal-government/states-need-more-control-over-the-federal-government
Harr, J. S., Hess, K. M., Orthmann, C. H., & Kingsbury, J. (2014). Constitutional law and the criminal justice system . Cengage Learning.
Hunt, A. R. (2015). States’ Rights, Depending on the Issue. Retrieved from https://www.nytimes.com/2015/06/29/us/politics/states-rights-depending-on-the-issue.html
Longley, R. (2017). Criminal Justice and Your Constitutional Rights. Retrieved from https://www.thoughtco.com/criminal-justice-and-your-constitutional-rights-4120815
