Criminal Procedure Ideals in the Real World

Criminal Procedure Ideals in the Real World

Chief Bryan Jenks has a problem. Many car burglaries are occurring in his town, in alleys. The mayor is up for reelection, and the community is demanding action. They want the burglars arrested and convicted, no matter the cost. The mayor has demanded that all police resources be put into catching the criminals. He even has proposed a curfew of 6 pm be imposed citywide on all people except first responders. Before 6 pm, he wants all people walking in alleys stopped and identified. He would like the Constitutional requirements for arrest and conviction lessened, until the burglars are caught, as well.

What should Chief Jenks tell the mayor in light of the five “criminal Procedure ideals in the real world”?

Criminal procedure is the set of regulations that govern the process by which the government implements substantive criminal law. The criminal codes of municipalities, states, and the federal government all define what constitutes a crime. All federal offenses are described in detail in Title 18 of the U.S. Code. Typically, federal crimes involve activities that go beyond the bounds of the United States, or that directly damage the interests of the federal government.

The United States Supreme Court promulgated and Congress passed the Federal Rules of Criminal Procedure, known as Fed. R. Crim. P., which govern federal criminal proceedings. Procedures for federal criminal trials are laid out in the Federal Rules of Criminal Procedure.
In the real world, the five objectives of criminal procedure are: (1) balancing; (2) proportionality; (3) equal justice; (4) precision; and (5) evidence-based decision-making. According to this definition, “Balancing refers to maintaining public safety for all members of a community, while respecting each individual’s liberty and privacy” (Samaha, 2018, 1-1b). In order to maintain a high standard of living, it is necessary to strike a balance between the competing ideals of safety and security. Limiting government power to only that which is required for the prevention, investigation, prosecution, sentencing and review of official actions is what is meant by the term “proportionality.” Everyone should be treated equally under the law, according to the principle of equal justice. Except for law enforcement, prosecutors, and courts, everyone should be treated equally. It’s important to avoid making mistakes when determining guilt or innocence. Accuracy Evidence-based decision making relies on the facts and conditions necessary to support government actions in criminal proceedings.

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