The adversarial process employed in the american criminal


Prepare a written analysis of the impact of the 4th, 5th, 6th 8th and the 14th Amendments to the US Constitution in processing offenders through the criminal justice system. Explain the concept of due process as applied to the U.S. Constitution.

  1. What due process rights are contained in the US Constitution? Give examples.
  2. What is procedural due process and why does it exist?
  3. Do you think any of these rights should be revoked at any time? Which ones?
  4. What made you choose those?
  5. To what extent does procedural due process hinders or strengthens the criminal justice system?

4-6 paragraphs

Judges and jurors have been witnessed napping during criminal trial proceedings. Search the Internet to find an example of a case where the judge or a member of the jury was caught napping during proceedings. Provide details about this case.
Then answer the following questions:

  1. Is this behavior a violation of the defendant's due process rights?
  2. In your answer, discuss the judge's role and the jury's role in the adversarial process employed in the American criminal justice system.
  3. How does the ruling in Tanner v. United States (1987) affect your argument?
  4. Find details about a situation where defendant's due process rights were violated. Explain what happened, and provide your analysis of how his or her rights were violated.

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