Description
Constitutional criminal procedure provides protections of the defendant balanced against interests of the government, be it law enforcement, prosecutors or courts. Yet, there is a tension between protections for the defendant and protections for the government in constitutional criminal procedure law. Some examples include:
- Police misconduct and good faith immunity defense
- Increased police power as a result of the war on terror and an arguable resultant diminished individual liberty
- Prosecutorial immunity
- Plea bargains and the problem of the innocent defendant
Discuss these tensions. Some things to address include:
- Reasons for protections and abuses that occur as a result.
- Do you support removing immunity? Or, is that protection necessary for the administration of justice?
- The increase in police power as a result of the war on terrorism and the effect on individual liberty.
- How does discretion affect the defendant throughout the criminal justice process? Consider the impacts of decision made by police, prosecutors and judges.
- Finally, what amendments are implicated in your discussion? Be sure to demonstrate an understanding of the applicable amendments by interweaving a discussion of the relevant criminal procedure amendments in this paper.
Your paper should be 7-9 pages in length (not including the title page or reference page) and be done in APA 6th edition format. Include at least three credible outside references, in addition to the course textbook. The CSU-Global Library is a good place to find these references. Remember, you must support your thinking/opinions and prior knowledge with references; all facts must be supported; in-text references used throughout the assignment must be included in an APA-formatted reference list.
Explanation & Answer
Attached.
Running head: TENSIONS IN CONSTITUTIONAL CRIMINAL PROCEDURE LAW
Tension in Constitutional Criminal Procedure Law
Institutional Affiliation
Date
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TENSIONS IN CONSTITUTIONAL CRIMINAL PROCEDURE LAW
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Introduction
The constitutional criminal procedure has provided for protections of the defendant
balanced against the government interests whether in prosecution, law enforcement, or the
courts. However, a tension exists in constitutional criminal procedure law between protections
for the defendant and protections for the government. The major areas where the tension has
been experienced include through the police misconduct and the good faith immunity defense,
prosecutorial immunity, and increased police power due to the war on terror among others.
Through this constitutional protection, the defendant can protest an unconstitutional procedure
which might occur during the prosecution which also includes procedures such as arrest, search,
interrogation, trial, and also appeal (Fisher, 2014). This paper will discuss these tensions
whereby it will provide the reasons for protections and abuse which occur as a result. The paper
will also state whether I support removing immunity or whether the protection is necessary for
the administration of justice. The paper will also address the increase in police power following
the war on terrorism and the effect this have on individual liberty. The way discretion affects the
defendant throughout the criminal justice process will also be addressed. Finally, the paper will
discuss the amendments implicated in the discussion.
The Reasons for Protections and Abuses That Occur As A Result
The protections provided by the constitutional criminal procedure for the defendant
balanced against the government interests whether in prosecution, law enforcement, or the courts
are for various reasons. The protections are important to the defendants because they are meant
to guarantee the constitutional due process to the persons charged with a crime. The protections
also prevent severe consequences from criminal convictions such as paying steep fines and court
TENSIONS IN CONSTITUTIONAL CRIMINAL PROCEDURE LAW
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costs and loss of freedom by imprisonment (Fisher, 2014). The protections are also meant to
ensure that the protection of the constitutional rights of the defendants in order to prevent the
stigma that arises from a criminal conviction. The protections are also meant to guarantee the
substantive due process which protects individuals from losing unreasonably their substantive
rights such as the right to privacy and to speak freely. They also protect individuals from being
punished criminally without an opportunity to be heard and without notice. Finally, they are also
designed to enforce the constitutional rights of defendants and criminal suspects starting from the
initial police contact up to trials, sentencing, and also in making appeals.
There are various abuses that occur as a result of the protections provided by the
constitutional criminal procedure. Among the abuses that occur as result of the protections
include having an increased number of cases which arises from the growing criminalization of
various behavior without considering the protections provided...
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