Unit 8: Law, Courts, and Procedure

Constitutional Criminal Procedure

There are certain fundamental beliefs inherent in all criminal law in the United States. These beliefs are a belief in the presumption of innocence, the right to a defense against criminal charges, and the requirement that the government should act in a lawful manner. In explanation of this last point, it has been said that the first task of all governments is to maintain order.

The founding fathers of this country attempted to ensure these fundamental principles through the U. S. Constitution. In its original form, the Constitution had a preamble and seven Articles. The Constitution divides the power of government into three independent but equal parts. The purpose of the separation of powers was to ensure that no single branch of government could usurp power for itself and institute a dictatorship. How does this relate to the Criminal Justice System? A police officer (representing the executive branch) makes an arrest based on a statute written and passed by the legislative branch and the accused is tried by the judicial branch. Thus, no single branch of government has complete control over the process. In addition to the separation of powers, the Constitution also controls the operation of the Criminal Justice System through the Bill of Rights The Bill of Rights was added to the Constitution to prevent any future government from usurping the personal freedoms of citizens.