Criminal Procedure Policy Paper

Criminal Procedure Policy
Student:
Professor:
Course title:
Date:
Introduction
The criminal justice system form a foundation for the running of a society upon which the judiciary, the executive and the legislature are perched. Commonly referred to as the three arms of government, the work of the three branches is fully implemented by the criminal justice system. It is the framework that has been put in place to bring to effect all the decisions and legislations made by the various branches of government (Vile, 2010). In order to run effectively, the justice system is guided by the criminal procedure policies. These are paths which set out parameters within which a given law will operate. These policies come about as result of the various control models of crime that have been adopted. These models coupled with the due process of the law play a huge role in shaping the entire system of criminal justice. This discussion delves into these issues in a more in-depth manner. Of sharp focus in the discussion is some of the amendments that have been named in the American constitution including the fourteenth, fourth, fifth and sixth amendments.
The Fourth Amendment
This amendment provides that every person has right to enjoy privacy within their property without disturbance or interference. This amendment guards the right to privacy and arbitrary searches that may be conducted on a person or their property. The amendment further states that search warrants for people or property should not be issued unless a concrete reason to that effect is provided. (Vile, 2010). This amendment hence, seeks to protect people from any search that is unreasonable and not authorized by a legal warrant. Whenever an officer of the state wishes to make any searches within private property, they must provide a duly signed warranty. They, furrier must provide a reasonable cause as to why such as search is warranted and justifiable.
This piece of legislation has shaped the criminal justice system by restricting the actions of law enforcement officers. The officers are bound by the provisions of this section and any action that contravenes any part of this section is considered illegal. An officer cannot make an arbitral research on a person or their property unless they can show reasonable cause as to why their actions are justified. In case of special circumstances, for example suspicion of crime commission, a search is legal. However, even in such a case, the law enforcement officer must obtain a duly signed search warranty.
When the right to privacy is violated or interfered with, the aggrieved person must show the court that indeed his privacy was interceded. This means he is required to show that he was entitled to some level of privacy which was the intruded as result of the unwarranted search (Vile, 2010). In deciding whether or not the case presented by the plaintiff is genuine, courts apply both the subjective and objective tests. This is...