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Palestra 5-6-2011

Rights of the suspect in the United States criminal procedure

The roots of the US criminal law and criminal procedure derive from common law. Since 1215 when the Magna Charta had been enacted, both English and US law have evolved significantly, however they preserved features that are characterized to the Anglo-Saxon model of the criminal procedure. The main source of US law, including the criminal law, is the United State Constitution. The constitution was passed in 1787 and as T. Tomaszewski states, initially the Constitution didn’t refer to the criminal procedure. Significant change was brought to the constitution by the 10 amendments, called The Bill of Rights. The attention must be paid to amendments: IV, V, VI, VIII and XIV. The IV amendment regulates search, detention and seizure. Those actions can take place only under the order of the judge other the legal authority, which precisely describes the place to be searched, and in case of the arrest or the seizure the persons or the things to be seized. The fifth amendment banned the double jeopardy, deprivation of the life, the liberty or the property without due process of law. This amendment is strictly connected with the other amendments including the sixth amendment which ensures the right of defense and the XIV’th amendment which guarantees the due process of law. Legal clauses mentioned above regulate only the rights of the accused, because the US Constitution mainly protects rights of this participant of criminal proceeding. Although the victim of the crime hasn’t been deprived of right to seek for the legal protection, the suspect and accused are the central figures in the US constitutional law which comprehensively regulates their rights and obligations.

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