Role in Criminal Procedure of US Constitution Essay

Role in Criminal Procedure of US Constitution - Essay representativeIn the US Constitution itself, there is an Article that includes provision for both pre-trial and trial rights. Article III, Section. 2, Clause 3 indicates that the Trial of all Crimes shall be by Jury and such Trial shall be held in the State where the said Crimes shall have been committed (National Archives, Constitution of the United States, Art.III, .2, cl.3, 1787) This passage determines two important elements of malefactor procedure, namely the jury and venue. These are crucial while they describe the place and method of criminal procedure.As for the Bill of Rights, there are several Amendments that are germane(predicate) to the current research question. To be more specific, Amendments Fifth, Sixth and eight seem to be the most important to determining criminal procedure. Within the Fifth Amendment, there are several crucial points to understand in regard to criminal procedure. First, this Amendment reje cts punishment for capital or infamous crimes except for specific cases. Similarly, in the Eight Amendment, it is stated that excessive bail shall not be required, nor excessive fines, nor cruel and unusual punishments. (National Archive, Bill of Rights, Amendment VIII, 1789) Second, Amendment V also indicates that one psyche forget not be answering twice for the same crime. Third, any person has the right not to witness against oneself. Finally, the Amendment does not allow the punishment of a person without due juridical process. (National Archive, Bill of Rights, Amendment V, 1789).