The process

Topics: Crime, Criminal law, Criminal justice Pages: 3 (739 words) Published: February 2, 2014


The Process
Christian Carvajal
AIU Online

Abstract
The sentencing process can be extremely long or short. Regardless of how long the trials come out to be there is still a process that the court must go through. In this report I’m going to talk about the 5th, 6th, 14th amendments, and discuss the 5 philosophies of sentencing.

The Process
The justice system set a process established by the government in order to control everyday crimes and post penalties to all of those people that break the law. The criminal justice system is all handled differently depending on their jurisdiction which can be federal, county, military etc. The process can also vary depending on the seriousness of the offence, if that person is an adult or a juvenile, and many other factors. In this report I’m going to go in depth on how the process is handled. 5th, 6th, and 14th Amendments

The 5th and the 14th Amendments to the United States Constitution both have a similar process that works with the administration of justice. The 5th and 14th Amendment protects the people from denial of life and liberty. It’s actually different to the Supreme Courts of the U.S. that the process gives them four protections (in civil and criminal trials) which are prohibition against indefinite laws and substantive due process. But there is one Amendment that overlaps both of these and that one is the 8th Amendment. The 8th Amendment protects people from being executed which shoes to be an unusual and cruel punishment. The 6th Amendment of the United States Constitution sets rights to criminal prosecution. The Criminal shall have a public and speedy trial by an impartial jury. Stages of the Pretrial Process

Criminal cases consist of several stages from the arrest, sentencing, and maybe an appeal if it’s possible. The first stage is Arrest and in this stage the police take custody of the person. The second stage is Booking where the criminal is taken in and put in...

References: Frank Schmalleger (2014). Criminal Justice: A brief Introduction, Tenth Edition, AIU online Bookshelf. Retrieved January 31, 2014
http://wow.coursesmart.com/9781269201735#extendedisbn
Hon. Richard Lowell Nygaard (1996). Essay: On the Philosophy of Sentencing: Or, Why Punish? Retrieved January 31, 2014
http://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=5+Widener+J.+Pub.+L.+237&srctype=smi&srcid=3B15&key=030fbf09c64091096a4f253c3e7d763c
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