Laws are made to ensure all men are equal and seen that they are treated equally in the sights of its courts. Laws, rights, and amendments, to name a few, are created to specifically define the scope of freedom a freeman has. Some do say that by abiding by these laws, limits their actions as a free individual. Laws are made to protect and safeguard the safety, security, and right of each an every individual, regardless of their race and/or ethnicity – to be followed wherein the land it governs.
Knowing specific rights of people who are in specific situations such as of those of the accused and the defendant are detrimental to ensure their welfare and rights. An overview on the criminal justice system in the United States of America Judicial courts are color blind to the ethnicity of the any party that stands in their courts. They do see one thing and this is their basis and it is stated in the United States Constitution. The Fourth, Fifth, Sixth, and the Fourteenth Amendment in the US Constitution clearly states the rights of its constituents.
The rights of the accused are also stated and reaffirmed numerous times in these Amendments which become the guide to treat the accused in such away ensuring the full rights that these Amendments give. The judicial courts and practices in the United States differ from state to state and may vary from one and the other but follow the Constitution. One of the rights of the accused is the right to have a quick and public trial by an impartial jury of their peers which would ensure them an unbiased trial enabling them to have complete due process.
Due process was defined by the Constitution to safeguard the integrity of the criminal justice systems, thus entitling parties various yet flexible process of a fair trial. Having a mandatory witness for the accused is also offered as a right of the accused which would help the courts hears both sides of the story and act and judge as they see fit. However, if the accused is not financially capable to seek assistance of their own legal counsel, the appointed courts shall provide counsel for them to be represented.
These Amendments also states that whomever, whether they are the accused or not, that they will not be in any way be deprived of liberty, life, and property without any just cause by the law. Another right that the accused has is the right to silence. This right can be exercised by the accused if they are being question by the police without any legal counsel present. However if the law sees the need to have the accused give their testimony, the law can do so while giving the accused a grant of immunity in order to balance every parties rights.
In reality, most court systems are also swayed by certain parties such as the politically right and the liberals of the court. There are court systems that most of these parties have certain influences on these courts that might affect the judgment of these courts on cases brought forward to them. There are also instances that what is generally perceived law practice might not be practiced per se during court proceedings. There are certain courts that either do not follow the Constitution or turn a blind eye to it.
These courts may not allow the accused of having a legal counsel assigned to them and they may also accept evidence that has not been cross examined by the defendants’ council. These situations may not give the accused a fair trial and would have the jury be swayed from a just decision. By following the Bill of Rights as well as the Constitution, all parties can be guaranteed of their rights and be treated with just cause. Reference US Department of State’s Bureau of International Information Programs. Rights of the Accused. Retrieved February 22, 2008, from http://usinfo. state. gov/products/pubs/rightsof/accused. htm