Legal Process Adam

In theory, a core value of the American criminal justice system is fairness. By fairness, the system exists so that every aspect of the criminal proceedings, from the start of the investigation all the way through to sentencing, should be fundamentally fair. Ideally, every proceeding or action within the spectrum of our criminal justice system or in this instance referred to as the criminal justice life cycle are balanced. This means all aspects of the facts and circumstances within the life cycle of criminal case are uncovered and accurately represented to a jury of peers for consideration into the jury’s decision. Notwithstanding some of the exceptions to the rules of jury selection, the jury should accurately represent the total population of peers to the accused. The intent in the accurate representation of the accused’s peers is that many different views and experiences, including some that may be similar in nature to that of the accused, should be considered before a verdict is rendered. Each State may have different rules and regulations to consider in matter specific to a given court’s jurisdiction. These procedural rules give a clear and unbiased roadmap to prosecutors and defendants, so that the fundamental concept of Fairness is adhered to. Luckily, or by design perhaps, the Due Process Clause is the only command to be repeated in the constitution; through the 5th and 14th Amendments (Legal Information Institute, n.d.). While there is not a set list of required procedures, there is a highly influential list created by Judge Friendly, which include the components of an unbiased tribunal or the right to know the evidence brought against you. (1975).

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