Criminal Law Foundations Evaluation
Part A
Examples of the past trends pertaining to community-based corrections include; improvement of community supervision. This is an emerging trend in the states requiring that respective agencies supervising offenders must employ all the policies and practices that have been proven to minimize recidivism. Another trend is the adjustment of sentences. State legislatures have reexamined those who go to prison and their duration with a focus on preserving all the costly prison space for those offenders who are termed to be the most dangerous (Taxman & Belenko, 2017). For instance, in the past few years, there has been a steady increase in changes related to sentencing policies for drug crimes, the adjustment of drug offender’s punishment thresholds. It has also relaxed a mandatory minimum sentence. And lastly, is the attention to release and reentry of offenders. The legislation has majored in its focus on prison release policing white at the same time, providing offenders with skills and services and appropriate supervision that would be instrumental to them even after release.
Institutional correction and community correction differ in such that the type of community-based programs that are covered under the community correction are parole, probation, study release as well as work release in contrast to institutionally based disciplines which are geared to the reintegration of criminal or offenders into the community (Harris, 2016).
Among the core forces that have significantly influenced correction in recent years are accreditation and privatization. Therefore, the current and future corrections will be substantially influenced by all the things from the national economy and the recent public opinion to all drug-related crimes and the old people in prisons (Stein, 2017). However, the most compelling trends that will have a positive impact correction include the intermediate sentencing alternatives, incorporating more pragmatic treatments, restorative justice, and creating direct units or supervision management strategies.
Part B:
Introduction
Criminal procedures are procedures focused on offering protection against criminal laws and the unjustified behaviors of all the supposed criminal actions. The criminal systems are, therefore, made to constitute a right of suspects. However, the significant constitutional amendments concerning the criminal procedures are often established in Amendments 4, 5, and 6 under the US constitution. Moreover, within the Bill of rights and the Supreme Court’s understanding of the US constitution, the court is required to identify and support the charged (Tadros, 2011). Therefore, the due process rights under the US Bill of Rights are then enclosed under the 4, 5, and 6th Amendments.
The first 10-Amendment of the US Constitution points out to the Bill of rights responsible for protecting the citizens from certain unfair treatment by the US government. Most of the time, the US government works through the police department, which allows the Bill to guarantee the citizens a certain level of freedom while limiting the government to some extent of its power and how it implements it (Binavince, 2018). James Madison was responsible for bringing these Amendments to the Congress floor. The adoption of these amendments took place earlier in 1789. Therefore, in this paper, I will take a close look at the 4, 5, and 6th Amendments and their respective effects on adults and the juvenile courts.
The 4th Amendment was incorporated to offer protection from unreasonable seizure and search. Therefore, it makes one of the Bill of Rights’ crucial components that allows American people to have the freedom to secure their papers and houses. Under the 4th Amendment, people also secure from any unreasonable seizures and searches. However, the Bill states that all the rights shall never be violated. No warrant will be issued unless a reasonable cause of action is presented with approval by the oath of affirmation and the place’s description under inspection (Meacham, 2019). In both the adult and juvenile courts, the constitutional safeguard is applicable. The children and the adults get the right through the constitution to be free from any government harassment, which is not subjected to US law’s approval.
The 5th Amendment addresses the issue to do with due process, double jeopardy, self-incrimination, and the eminent domain. However, it safeguards states that no individual shall be placed under any pressure to provide answers for any crime unless the individual is under the jury grand’s indictment. That means there is always an exception in cases involving land forces or naval in service or during periods of war. No individual is supposed to be placed in jeopardy of life or limb more than once (Stein, 2017). That means, no one is put under pressure to testify against himself, and no individual shall face the depletion of liberty, life, and property unless the person has approval by the US law.
In some cases, this is referred to as the Miranda Bill. In adults and Juvenile courts, individuals have the right to stay silent without altering any word and not to plead guilty of any offense. The law does not allow an ay person to make the suspect reveal anything but only when in front of a jury and within the protection. The critical thing to note under this Amendment is that the juveniles are not mature enough to understand their rights. Therefore, the minors have been granted constitutional protection from all types of illegal exploitation.
The 6th Amendment focuses on the jury’s trial, speedy trial, the rights to the accused individuals, public trials, and the right to counsel. The Amendment states that an individual under accusation will be granted the right to an available and speedy trial by an impartial jury (Stein, 2017). For instance, where an act of crime is present, the accused will have the right to be told about his crime, and at the same time, a witness is brought to attest to the same. Additionally, the accused will also be granted the right to bring a witness to testify in his favor. On top of that, he will be allowed to have a special presentation by the council for his defense. However, the right to be issued with a fair, public, and speedy trial in adult and juvenile courts is available within the US constitution. The accused will be issued with the right to have a legal presence in the court’s proceedings (Stein, 2017). The primary purpose of this is to ensure that there is no mistaken statement incident that could result in the accused being landed into unnecessary trouble. Additionally, the speedy trial is responsible for ensuring that the right to let accused individuals go on with their everyday life is present. However, any delay of justice may result in many frustrations to the accused individuals leading to an excellent variant of the public and speedy trials.
The Effects of the Safeguards on daily Operations in the court
The legal practices in the US have fallen under a severe transformation due to these amendments. The US citizens have come to know their rights, which has created a vital harmonization of the understanding between the public land governments. What that means is smooth governance will always lead to a better life for the US people. However, the right to counsel has ensured safety and equality in all the incidences where the accused has to argue his way out. Ensuring that all citizens have been involved in any criminal indictment will issue a representation that will bring back all the trust that people have had in the state and federal governments (Stein, 2017). For example, it would not be very pleasant for a child who is incriminated in any way to try to argue his way out of the situation. Yet, we know very well that the child knows nothing to do with traditional approaches. In that case, there will be no convincing zeal, which in return will lead to the unfair ruling.
On the other hand, the Miranda warnings are responsible for protecting the accused from handing themselves out due to pressure. The police have been moderated in their power to have access to information from unwanted seizures. Those individuals who did not know their rights are likely to say some incriminating statements are now set free for that situation. Such people can only speak upon the jury’s approval and the presence of a counsel. Since then, the people have been protected from any illegal and unfair questing by those authorities that are unwanted (Stein, 2017). Speedy trials have been responsible for ensuring that justice comes first before anything else. In that case, it is true to argue that frustration may crop in when there is a denial of justice. The effect of having delayed justice is that it is incredibly costly and comes with extensive anxiety. However, speedy justice has taken the responsibility of ensuring that pending cases in the court are put on the floor within the shortest time possible to hand over a straightforward way for others. Additionally, fair treatment has been positively presented, and citizens’ rights are free known to the people.
Another essential impact of this Amendment is the safeguards against the illegal laws of search and seizure. This has ensured that the dignity of all citizens is not taken to disregards. Therefore, all the private lives of the public members have been protected under this particular law. The law’s importance is that the US police force has become more friendly and accepted the US people. The safeguard has done in protecting the people because it has taken away the US government’s excessive powers and ensured that the powers are shared out with the public. Every US individual is entitled to a particular type of authority and freedom. This has assured that all the citizens have custody of their own life and cannot be interrupted by anybody. Besides, the private sector has also been given some space to ensure that they can make their own decisions.
Conclusion
The three bills of rights that are the 4, 5 and 6th Amendments are the to ensure that they secure the citizen people’s rights. in case they are followed to the latter, every other person will be right to boast of a fair nation which possesses an admirable governance process (Veneziano, 2019). therefore, all US citizens need to know their rights to prevent themselves from unfair falling into some law traps that are not fair. I believe that all the three bills are supposed to work in favor of all the US people since they were projects of the people and owned them.
References
Binavince, E. S. (2018). The Ethical Foundation of Criminal Liability. Fordham L. Rev., 33, 1.
Harris, M. K. (2016). Key differences among community corrections act in the United States: An overview. The Prison Journal, 76(2), 192-238.
Meacham, M. M. (2019). The Perfect Storm: How Narrowing of the State Action Doctrine, Inconsistency in Fourth Amendment Caselaw, and Advancing Security Technologies Converge to Erode Our Privacy Rights. Idaho L. Rev., 55, 309.
Stein, E. (2017). Past and Present Proposed Amendments to the United States Constitution Regarding Marriage. Issues in Legal Scholarship, 4(1).
Tadros, V. (2011). The ends of harm: The moral foundations of criminal law. OUP Oxford.
Taxman, F. S., & Belenko, S. (2017). Implementing evidence-based practices in community corrections and addiction treatment. Springer Science & Business Media.
Veneziano, A. (2019). Applying the US Constitution Abroad, from the Era of the US Founding to the Modern Age. Fordham Urb. LJ, 46, 602.