Sample Essay on:
Criminal Procedure And Evidence

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Essay / Research Paper Abstract

6 pages in length. Criminal procedure encompasses myriad components that work in tandem to uphold the law and at the same time catch the perpetrator. Stage one is where the crime is first recognized or detected, with law enforcement officials utilizing the 'everyone's a suspect' approach before zeroing in on any particular individual. Once a specific suspect has been identified, the procedure moves into the second stage of accusation where the individual is fingered for allegedly committing the crime; from here, it quickly moves to number three, the arrest stage. If the alleged perpetrator is underage, he or she will be moved to juvenile court; otherwise, the procedure goes on to the fourth stage of searching for evidence. This stage can occur prior to or after the arrest depending upon the circumstances. Stages five and six – booking and follow-up investigation – round out the six main stages of criminal procedure. Bibliography lists 8 sources.

Page Count:

6 pages (~225 words per page)

File: LM1_TLCCrimProc.rtf

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Unformatted sample text from the term paper:

enforcement officials utilizing the everyones a suspect approach before zeroing in on any particular individual. Once a specific suspect has been identified, the procedure moves into the second stage of accusation where the individual is fingered for allegedly committing the crime; from here, it quickly moves to number three, the arrest stage. If the alleged perpetrator is underage, he or she will be moved to juvenile court; otherwise, the procedure goes on to the fourth stage of searching for evidence. This stage can occur prior to or after the arrest depending upon the circumstances. Stages five and six - booking and follow-up investigation - round out the six main stages of criminal procedure (Samaha, 1999). Of all the aforementioned stages, the one that causes the most concern where from a legal standpoint is number four - search - which, interestingly enough, corresponds with its amendment number under the United States Constitution. The Fourth Amendment was established as a means by which to protect people from the invasion of unreasonable search and seizure; however, critics contend how the exclusionary rule has encouraged the amendments failure to "integrate the substantive and procedural components of this right" (Colb, 1996, pp. 1456-1525). The grave importance of securing ones personal privacy against unjustified invasion is of paramount importance in contemporary society, yet somewhere along the passage of time, the Fourth Amendment has been compromised to such an extreme that it has become difficult for one to discern its true benefit to the people. According to Colb (1996), "Fourth Amendment analysis that pits the privacy rights of individuals against public crime control concerns fails to consider all the types of harm that the amendment is intended to prevent" (pp. 1456-1525). Since the ...

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