Sources of Rights and Fundamental Principles in the United States’ Legal System
Constitution
There three main ways that U.S constitution acts as a source of law. First, the constitution is the law by itself given that it is considered the most supreme law of the land. Secondly, the information contained in the constitution describes what makes up the power of the legislature, executive, and the judicial arms of the federal government; it also lays out how power is allocated to each of the branches. Thirdly, the constitution acts as the source of law because it bestows specific powers to federal and states government. Fundamentally, the U.S constitution is divided into seven articles. Articles I to III entail the functions and jurisdiction of the legislature, executive, and judiciary in regards to the administration of the federal government. Article IV details how the federal and State governments need to relate. Article V outlines ways through which the constitution can be amended. Article VI contains clauses regarding pertinent issues such as the supremacy clause. The last Article VII illustrates procedures that need to be observed during ratification of the constitution. Most importantly, the United States Constitution contains the Bill of Rights. These rights are the cornerstones of the constitution as they ensure that all citizens participate in the federal administration of justice in accordance with the Fourteenth Amendment clause.
Judiciary
The judiciary is a source of law because courts are mandated to review and implement the constitution according to the relevant statutes. The constitution itself allows the judiciary to define what can be considered the law. In 1803, the U.S Supreme Court Justice John Marshall stated that the Judiciary's sole duty is to define what the law is. Secondly, the judiciary becomes a source of the law when it makes rulings on cases. When a judge hears a case and makes a resolution, he or she is said to have set up a common law. This then brings about the concepts of precedent and stare decisis . This is whereby, when a ruling is made, the reasons leading to the decision becomes precedent and is used to determine similar cases in the future. In the United States, there are two types of precedent: the persuasive and the binding. The persuasive refers to the precedent that does not bind a court but can be used in the evaluation of a case. On the other hand, the binding precedent must be adhered to by a court. For instance, if a North Carolina Supreme Court makes a binding precedent, a North Carolina Circuit court is bound by that precedent (Ehrlich & Ziegert, 2017).
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Steps of the Criminal Justice Process from Arrest to Imprisonment
Given the federal and state reservations as prescribed by the constitutions, criminal justice processes tend to differ from state to state. However, the rules, terms, and procedures are quite similar. The following are examples of two common stages of the criminal justice process:
Investigation and Arrest
All criminal justice processes have to begin with an investigation. During this step, investigators or police are supposed to gather evidence to establish the culpability of a suspect. The evidence is important to be able to warrant an arrest. Investigators look for probable cause by considering various factors that indicate criminality. Once investigators have found probable cause and put together enough evidence, an arrest warrant can be issued. Arrest involves detention and in some cases interrogation of a suspect. An interrogation could help the police to further asses the case. Sometimes the police do not have enough evidence to hold a suspect. In such a case, a time limit for holding the suspect and the Fifth Amendment ought to be adhered to. They can continue the investigation and gathering of evidence until it is enough for the charging and prosecution of the suspect. This step is quite often instrumental since shoddy evidence will mean that a prosecutor will not have grounds to make a ruling.
Prosecution
This stage is undertaken by the judicial system. The law holds that a suspect taken into custody by police must be presented to a judge within 24 hours of the arrest. The judge then uses this first appearance to find out if there is enough evidence and if the filing of the case is correct. An attorney can then set up a date for a preliminary hearing. However, if the prosecutor or judge finds that the evidence is insufficient or that the crime is not as serious to require a further trial, he or she can make a determination for punishment or drop the case. Conversely, if a decision for trial is made, a formal charge is designed. The state in conjunction with the prosecutors presents evidence that could prove the culpability of a suspect. This is included in a charge sheet which is then presented to a District Court Judge for approval. During the preliminary hearing, the suspect, through a state-provided attorney or a hired one will be given a chance to argue their innocence if he or she wishes to in line with the Sixth Amendment (Neubauer & Fradella, 2018).
Application of the Exclusionary Rule
In numerous occasions, the U.S Supreme Court has pointed out that there are various limitations to the exclusionary rule. The exclusionary rule was enacted with the aim of deterring cases of police misconduct in regards to evidence collection. Essentially, any kind of evidence acquired in breach of the Fourth Amendment cannot be admissible in a court of law in respect to the exclusionary rule. The following are examples of instances whereby the exclusionary rule may not apply:
Evidence that is obtained by private individuals is not subject to the rule even if it was acquired through illegal means.
Searches and evidence collection by private security guards during their term of employment are not considered the rule violation (Walsh & Sullivan, 2018).
Case Law Related to the Use of Force
Glenn v. Washington County, 661 F.3d 460 (9th Cir. 2011)
The plaintiff in the case was a case of wrongful death launched by the mother of Lukus Glenn. Glenn has been fatally shot by the police of Washington. The mother called the police for assistance as Glenn was threatening to commit suicide. Standing on the driveway, police confronted Glenn and shot him with a beanbag shotgun. However, when Glenn seemed to move away from the shots, the police shot him eight times with their service weapons, killing him on the spot. Through a verdict, the court held that the police are justified to use deadly force when preventing someone from harming them or other citizens. However, it noted that the justification does not extend to the use of the force against a person attempting to harm themselves. The court then ruled in favor of the plaintiff stating that the facts presented inferred that the officers' use of force was not reasonable (Case Law 4 Cops, 2018).
References
Case Law 4 Cops. (2018, July 21). Use of Force. Retrieved from http://caselaw4cops.net/use_of_force/use_of_force.htm
Ehrlich, E., & Ziegert, K. A. (2017). Fundamental principles of the sociology of law . Routledge.
Neubauer, D. W., & Fradella, H. F. (2018). America's courts and the criminal justice system . Cengage Learning.
Walsh, P., & Sullivan, P. (2018). The Posse Comitatus Act and the Fourth Amendment's Exclusionary Rule. Nat'l Sec. L. Brief , 8 , 3.
