The Fifth Amendment
“No person shall be held to answer for a
capital, or otherwise infamous crime, unless on a presentment or indictment of
a Grand Jury, except in cases arising in the land or naval forces, or in the
Militia, when in actual service in time of War or public danger” Meaning that a
citizen does not have to answer questions until they’re in front of the jury
unless they’re in the military then they must answer. If one commits a felony
and it’s a federal crime then one will be given a grand jury, which comes
before the person is indicted or arrested. “Nor shall any person be subject for
the same offence to be twice put in jeopardy of life or limb” Meaning one can’t
be charged for the same crime twice. “Nor shall be compelled in any criminal
case to be a witness against himself” This explains the “right to remain silent”
speech so that anything she or he says cannot be used against them in court. “Nor
be deprived of life, liberty, or property, without due process of the law”
Meaning that the government must give you a notice and give you the opportunity
to be heard before taking ones property, imprisoning them, or put to the death
penalty. One must be notified for what crime they committed and be taken in the
process such as trials with attorneys. “Nor shall private property be taken for
public use, without just compensation” Meaning the government has the right to
one’s property for private use that benefits the public. I.e.: creating
construction job opportunities to help citizens get revenue. (FIFTH
AMENDMENT)
The Sixth Amendment
“In all criminal prosecutions, the accused
shall enjoy the right to a speedy and public trial, by an impartial jury of the
state and district wherein the crime shall have been committed” Whether
the person is accused of a felony or misdemeanor crime they have the right to a
speedy and public trial so they are not held in custody for a long period of
time. Being able to attend trial gives
them the ability to ask questions and know what they are being accused of. The
trial would hold in the state it was committed. “Which district shall have been
previously ascertained by law, and to be informed of the nature and cause of
the accusation” Meaning that you are receiving the due process by knowing what
you are specifically being charged for. Another part of it is that if you are going
to be charged for the same crime twice then you should be informed. “To be
confronted with the witnesses against him” One that is accusing someone for a
crime then they must be presented. There are cases when the victim is dead and
cannot defend themselves so other evidence would be used against the offender
such as DNA analysis which would appear at the trial. “To have compulsory
process for obtaining witnesses in his favor, and to have the assistance of
counsel for his defense.” The offender has the right to have witnesses to
assist proving him or her innocent. The offender has the right to have an
attorney and if they cannot afford one then one will be appointed to them. (SIXTH
AMENDMENT )
The Fourteenth Amendment
“All persons born or
naturalized in the United States, and subject to the jurisdiction thereof, are
citizens of the United States and of the state wherein they reside. No state
shall make or enforce any law which shall abridge the privileges or immunities
of citizens of the United States; nor shall any state deprive any person of
life, liberty, or property, without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.” Anyone born or
naturalized in America is a United States citizen and deserves the same rights
as everyone else regardless of color, race, religion, or any other category. The
United States cannot stop people from getting a job, going to school, etc.
without due process. (14TH
AMENDMENT)
Pre-Trial and Trial Process
A police officer can
make an arrest when they witness a crime committed, or has probable cause that
she or he has committed the crime or was about to. Physical restraint like
handcuffing the suspect or offender depends on the authorization so that the
person is put into the police’s custody. After this procedure they are usually
booked which means the police take personal information, figure prints and whatever
personal property they have on and then held in a cell of some sort. Some may
be allowed to pay bail which means they can pay in exchange to release them
from custody. She or he must agree to appear in all scheduled court meetings as
a condition of this release. Either way the individual must follow up on court
dates. Then an arraignment would be the first process for the criminal case.
This is where the judge reads any police reports or files for the case and the
defendant would be asked to plead guilty, not guilty, or no contest. The
defendant can be appointed to an attorney if she or he cannot afford one and
would like to have one. After if no plea bargains a preliminary hearing takes
place in which the judge looks at any evidence and decides if it is enough to
charge the defendant with the crime. (LaMance, Pre-trial Stages of a Criminal Case, 2013) A criminal trial
either the judge or a jury determines whether the defendant committed the crime
or not. The criminal trial has several phases, such as, Jury selection
(questions would be asked), Opening statements (which means each side presents
their side of the case), Witness testimony, Closing arguments (brief statement
on their side of the case), Jury Instruction (The judge explains the jurors the
crime the defendant was charged with and the rules that apply when deciding),
and Verdict (which means the jury weighs the evidence presented). Then if a
person is convicted of a crime they would be sentenced depending on their
punishment. Sometimes sentencing can occur after the plea bargains or verdict.
(For more details on sentencing read paragraph below.) If the individual is
convicted of a crime then they may ask for an appeal if they feel that the
conviction was unfair or unlawful. In this case a higher court would review the
conviction and they would determine if there was an error in the process. (LaMance, The
Trial Phase of a Criminal Case, 2013)
Sentencing
There are five
philosophies of sentencing and they are retribution, rehabilitation,
restoration incapacitation, and deterrence. Retribution is sort of a revenge
taken by society as a whole against the criminal so that it is a closure to the
victim. This philosophy discourages the victim or the victim's family from
trying to harm the offender themselves. Punishment in the form of rehabilitation
is to send an offender to programs like rehabilitation center, boot camp, or
community service so that they can rehabilitate back into the community and
make better decisions. Incapacitation refers to putting an individual in jail
or prison to prevent them from committing another crime. This may include
executions or length periods of incarceration. Deterrence is a strategy
intended to discourage a criminal from taking an action that has not yet been
made or to prevent them from committing a crime by showing others the
consequences that can be taken upon them. Restoration is when the offender
takes full responsibilities of their actions and develops a mutual beneficial
program that helps the offender and victim return to their previous state of
mind. Restoration also makes it less likely to re-offend again. (Luste, 2010) There are two types
of sentencing but they are based on time sentencing; indeterminate and
determinate. An indeterminate sentence is a sentence imposed for a crime that
isn't given a definite duration. The prison term does not state a specific
period of time or release date, but just a range of time, such as
"five-to-ten years." It is the opposite of determinate sentencing, in
which a fixed term or incarceration is imposed. However, an inmate sentenced
under a determinate sentence can be released early due to good time credits, or
overcrowding. (Indeterminate Sentence Law & Legal Definition, 2001-2014)
