Procedural Law and the Bill of Rights

Assignment 1: Procedural Law and the Bill of Rights Name Institution Date Sources of rights and fundamental principles found in the U.S. legal system The U.S. constitution is the supreme law of the land in the US and the document guarantees basic rights to citizens (Del Carmen & Hemmens, 2013). The fundamental rights are represented in the various Amendments of the Constitution, while each state has its own constitution. The dual court system represents the courts at the federal and state level, while governments at the two states are sovereign. The Bill of Rights in the U.S. Constitution in turn protects the fundamental rights and freedoms. As such, constitutional law is the main source of rights and fundamental rights in the US. The bill of rights contains ten Amendments, which protect the civil rights and liberties, which cannot be taken away. Even as the states have their bill of rights that protect the people from the actions of the state government, they must be consistent with the Federal Constitution. Statutory law is another source of rights and fundamental principles, and the laws are passed by Congress or the state legislatures. Statutory law may cover the same rights guaranteed by the US Constitution, but tend to be more detailed. For instance, the US Constitution covers the right to counsel during trial, but then laws made at the federal or state level then determine the extent to which certain actions are binding during trials. If statutory law or the state bill of rights is inconsistent with the US Constitution then the US Constitution prevails (Del Carmen & Hemmens, 2013). Similarly, if the statutory law offers less protection than the US Constitution then such limitations are unconstitutional. Two (2) steps of the criminal justice process In the criminal justice system, if the police have probable cause to arrest suspects in an investigation they will carry out an arrest. The suspects are only held in police custody before the court proceedings begin. The probable cause is considered when making arrests when the suspect is linked to a criminal activity. As such, the police make arrests and deprive the person their liberty when they have probable cause, arrest warrant or in cases where they have observed crime. Suspects who are no longer linked to the crime are let go and cannot be arrested unless there is new evidence linking them to the crime. Another step in the criminal justice process before imprisonment is prosecution, and this comes immediately after arrest and preliminary hearing. The district attorney charges the defendant with crime, and the prosecutors then have to make a decision based on the evidence presented, seriousness of the crime and the circumstances. Prosecution of cases during trials give the defendants an opportunity to argue their cases through their lawyers or as standing as their own witnesses. The District attorney and prosecutors then try to prove that the defendant is guilty of the crime they are charged with. The Fourth amendment-arrest, search and seizures The Fourth Amendment protects Americans against unreasonable arrest, search and seizures where warrants are also issued when there is probable cause. The Amendment protects people in their houses, their effects and property. ...