An Overview About The Criminal Procedure
Criminal procedure law creates a framework for stopping wrongful convictions
, striving for justice, discovering truths by investigating crimes, and addressing the right of the victims. The purpose of following a criminal procedure is to provide life to the Constitutional protections for the accused without putting at risks the interest of the law enforcement. To ensure the success of the criminal case, proper procedures must be followed. This will help ensure that justice will be served without wrongfully convicting a person.
It is undeniable that there has been an increasing criminal rate across the world. More and more people commit crimes. These criminal charges are divided into felonies and misdemeanors. Some of them are also brought by the state or federal government. Since there are a huge number of criminal cases throughout the justice system, it is only important to follow proper criminal procedure and make sure that it is in place and it must be able to protect the citizens and punish the criminals. A criminal process involves certain rules that the government uses to enforce criminal laws. Each state, country, or federal government have various criminal codes with regards to what does and doesn't constitute a crime. Generally, the criminal procedure consists of the following processes which are: booking, arraignment, preliminary meeting, trial, sentence, punishment then appeal. During the initial appearance, the accused must face the judge, and he or she will be informed of the changes filed against them. The accused will also be informed of the date when they need to return to court.
The function of the criminal process is to avoid the wrong conviction and prevent the government and police from violating the rights and liberties of the convicted person. This will provide necessary restraints on how a police or prosecutor must treat the convicted person. This procedure is also vital when trying to find the truth. A criminal trial provides proper balance against the information gathered by the police with the rights of the accused to present their witnesses to testify and to have an effective counsel with a skilled lawyer.
The criminal procedure respects the victims' right to privacy, dignity, and their right to be made whole financially. This also allows the accused some time to defend themselves and to explain their innocence. The defendants must also seek the help of a credible defense lawyer to ensure that the criminal procedures are going well. This will encourage both the victim and the accused that justice will prevail.
by: Reil Miller
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