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.
