From doing the crime to doing time: How just is our criminal justice system?
The criminal justice system is designed to prosecute criminals while protecting the rights of the accused. Criminal suspects enjoy certain constitutional protections as they move through each stage of the system.
Due process rights Every suspect has the right to due process of law. This means the government must act under established legal guidelines rather than in an arbitrary or random fashion. Law enforcement officers are required to follow certain procedures during the arrest of a suspect and the investigation of a crime.
Rights in the courtroom Rights granted under the Fifth, Sixth, and Eighth amendments are meant to ensure that criminal suspects enjoy fair treatment in a court of law. Defendants are protected from self-incrimination. They are also guaranteed legal counsel and a speedy, public trial by an impartial jury.
Post-trial protections A person convicted of a crime still enjoys a protective shield of rights. The Eighth Amendment requires that criminal sentences be appropriate to the crime and not “cruel ”or “unusual. ”Convicted defendants also have the right to appeal their conviction if they believe their due process rights were denied.
Serving time Criminals sentenced to jail or prison lose many of their rights and privileges when they enter the corrections system. Supreme Court decisions, however, have guaranteed certain basic rights to prisoners.