Criminal Law Evaluation

Laws tend to make the lives of every individual safer and pleasant. The subject of this paper focuses on evaluating and identifying the Constitutional safeguards within the 4th, 5th, and 6th amendments of the United States Constitution. How these safeguards to the 4th, 5th, and 6th amendment will apply to juvenile and adult court proceedings. Finally, this paper will focus the impact that these safeguards, such as speedy trial, Miranda warning, exclusionary rule, and right to counsel will have on the day- to- day operation for juvenile and adult courts.

If laws are not put in place individuals cannot hold on to the properties owned. Social life is impossible without developing laws to help control the way people think and treat each other. Criminal laws come into play when people decide to break the laws. Criminal law consists of bodies of regulations and rules that will specify and define the punishments for the wrong committed against society or the state. Criminal laws enforced on state, federal, and local levels. These laws are in place to help keep some type of standard of conduct more acceptable in society.

These laws are also in place to help safeguard society from criminals. The purpose for these laws is to set a no tolerance for criminal behavior. Also meaning no crime committed will go unpunished for keeping his or her community crime free and safe. When the information gathered on the case the prosecutor or district attorney decides on the crime committed and to file the necessary charges against that individual. Once the individual charged with the crime, he or she put into the court system. If the individual is found guilty he or she will receive punishment according to the law (Meyer, J.F. and Grant, D.R., 2003)

Certain rights to counsel and due process safeguards are suitable to any process more critical to an adversarial or prosecution. Due process is the main idea that identifies the proceedings and indicates the Constitutional procedures, such as the Fourth Amendment that protects against unreasonable searches and seizures, the Fifth Amendment for double jeopardy clauses and due process, and the Sixth Amendment involving right to counsel. The Fourth Amendment will protect individuals from search and seizures indirectly but not directly.

The Fifth Amendment helps safeguard individuals from self-incrimination that do not apply to pretrial procedures because this amendment involves obtaining identification and not testimonies of evidence. The Sixth Amendment safeguards the individual’s right to an attorney during any criminal proceedings. This Amendment also safeguards identification procedures of an individual when an initial judgment presented to charge him or her with a crime.

Every justice system of criminal laws will rest on postulates or ethical theories. The adult system and juvenile system share differences and commonalities. For example, the juvenile justice system work toward rehabilitating the youths and not punish the juveniles. Adults and juveniles who admit to guilt have a procedural safeguard system to help protect his or her rights.

This also includes hearings, right to appeal, and plea bargains. Juveniles and adults have the right to a counsel in a court proceeding. Due process given to juveniles and adults the same. Juveniles are not offered the right to a jury trial or public trial. Another safeguard is not housing juveniles and adults together, not to just to protect them but to provide the opportunity for rehabilitation (Champion, 2007).

In conclusion courts are in charge of handling criminal and civil cases. Individuals who commit a crime will receive the appropriate punishment according to the laws. He or she becomes a part of the court system. If adults and juvenile receive punishment the same will cause overcrowding in prisons and some criminals will have early parole. This can also cause juveniles to stay in prison for most of his or her life, and most adults will not receive the time he or she supposed to have.

References

Champion, D. (2007). The Juvenile Justice Sytem. Upper Saddle River, NJ.: Prentice Hall. Meyer, J.F. and Grant, D.R. (2003). The Courts in our Crimal Justice System. Upper Saddle River, NJ.: Prentice Hall.