Five criminal Procedures 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 Procedures ideals in the real world”?

Crimes against humanity are dealt with under criminal procedures, which is the collection of regulations that control the series of proceedings by which the government executes substantive criminal law. Municipalities, states, and the federal government all have their own criminal codes, which define the forms of activity that are considered crimes in their respective jurisdictions. Title 18 of the United States Code contains a comprehensive list of all federal crimes. Federal crimes are typically associated with behaviors that either transcend beyond state lines or have a direct influence on federal interests.

Federal prosecutions are governed by the Federal Rules of Criminal Procedures, sometimes known as Fed. R. Crim. P., which were promulgated by the United States Supreme Court and ratified by Congress. The Federal Rules of Evidence set down the procedure to be followed in federal criminal proceedings.

On a practical level, there are five different criminal procedures ideals that can be found in the actual world: (1) balancing the interests of all parties involved; (2) proportionality; (3) equal justice; (4) precision; and (5) evidence-based decision making. “Balancing refers to ensuring the public safety of the entire community while also maintaining the liberty and privacy of every individual in the community,” says the author (Samaha, 2018, 1-1b). Both safety and security are necessary for a high quality of life, and a delicate balance must be struck between the two seemingly opposing ideals. Proportionality refers to the practice of restricting government authority to to that which is necessary to prevent, investigate, prosecute, sentence, and review government conduct. Equal justice stipulates that everyone should be treated equally under the law, regardless of their social status. Everyone, with the exception of police enforcement, prosecutors, and judges, is to be treated equally. When it comes to judging guilt or innocence, accuracy refers to the avoidance of mistakes. Finally, evidence-based decision-making is based on the facts and circumstances that are necessary to support government actions in a criminal proceeding.

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