HUMAN RIGHTS
PROTECTIONS IN CRIMINAL JUSTICE
The extent to which human rights are
observed and protected within the context of the criminal justice system is an
important measure of a society's civilization. That is a simple proposition
which few people are likely to dispute. But it is one of those statements,
which leaves a number of other questions unanswered. What are the human rights
that it is important to protect within the criminal justice system? And more
important, perhaps, to what extent should the human rights of the suspect and
the defendant be protected when other important interests of society are under
attack and in possible conflict with the interests of the defendant? While
there is a pretty wide consensus regarding the protections that should be
available to the defendant at different stages of the criminal justice process,
significant differences dominate the discussion on the extent and scope of
these protections.
In the United States, due process of
law means that accused persons in criminal cases must be accorded certain
rights and they will be tried according to legally established procedures. Of
the first ten amendments to the U.S.
Constitution, the following are of direct relevance to the issue of
constitutional due process of law: the
Fourth Amendment (protection against unreasonable search and seizure); the
Fifth Amendment (right to grand jury indictment, protection against double
jeopardy, privilege against self-incrimination, due process of law); the
Sixth Amendment (right to speedy and public trial, right to an impartial
jury, defendant's right to notice, right to confront adverse witnesses and
right to obtain witnesses in his favor, right to counsel); and the
Eight Amendment (right against excessive bail, prohibition against cruel
and unusual punishment).
Due process protections are available
to the defendant at each of the stages of the criminal justice process:
pre-trial procedures, trial procedures and post-trial procedures.
Overview of the Criminal Justice Process
Overview of the Constitutional
Human Rights Issues
Due
Process Protections Applicable to the Pre-Trial Stages
Due
Process Protections Applicable to the Trial Stages