Criminal Procedure is said to involve the set of rules that govern and dictate the mode of conduct that the government follows in enforcing criminal law. One would go further to argue that Criminal Procedure is the analysis of the process criminal law. This involves the process behind a legal criminal charge, all the way to either conviction or acquisition of the accused. It is important to note that criminal procedure differs across the municipalities, states, and federal jurisdictions. This is reflected by the different established rules that dictate behavior defined as the crime in these states. It is important to note that criminal procedure involves the process through which the government enforces dictated criminal proceedings in an attempt to establish legal rules that define behavior.
The report is expected to expound on the aspect of Criminal Procedure present in the modern day society. By analyzing the process of selecting the right type of hazardous materials exercise, as per by the handbook for developing a hazardous material Exercise program. The writer is expected to identify ways to improve criminal procedures, as well as expound on criminal procedures as a topic. The writer is expected to evaluate the effect of these exercises and their effect on the process of criminal procedure as reflected by the modern day.
A strategic exercise program has been described to be among the best means to address emergency plans and procedures. One would go further to argue that a comprehensive exercise program is important in improving national response to emergency situations. Apart from defining and assigning roles and responsibilities, research has shown that the exercise program promotes coordination in regards to response to emergency and goes further to improve public awareness of national potential hazards (Israel, 2007, p. 68). During the recent past, Public Law has been amended to incorporate new requirements for federal and state governments. An amendment towards public law has been sanctioned to improve community emergency preparedness as well as community right to now.
In a society governed by law and order, there should be a strategic approach towards criminals who break the law. This would involve a procedure known both by the community and the federal or state government. On the other hand, Evidence is of prime importance in the case of criminal procedure. It is important to understand that for the court to prove that a criminal is guilty and up for conviction, sufficient evidence if required by the court. The defendant in a court of law may raise evidence against an accusation, and demand to be released. Established exercise programs allow the government to be able to plan for any emergency or hazardous situations. It is important to address the aspect of investigation as a major entity of criminal procedures as reflected by the different exercise programs.
Before a criminal is accused and held in police custody, the law dictates ample investigations as well as enough evidence. One would argue that through investigatory and accusatory police procedures, the police can gather sufficient evidence that would support the case against the defendant. It is important to understand that criminal procedures dictate the amount of time required to gather evidence. Also, a lack of evidence by the police may result in suppression of arrest and release of the suspect. Just as local emergency operations have been dividing into different elements; the basic plan, functional annexes and hazard specific appendixes. The process behind the Criminal procedure is seen to follow a similar pattern in its execution. Under the Criminal Procedure, the basic plan would be to identify the crime and gather sufficient evidence to support the conviction.
It is important to note that substantive due process under the criminal procedure demands that criminals have a right to know their rights while under conviction. The police being an element of law enforcement are expected to ensure that the criminal is well aware of their rights during the process of conviction. This would involve the right to be silent, as well as the right to an attorney. In the modern day criminal procedures, the right to an attorney is described to extend even to those who are unable to get a lawyer. For a fair trial for the defendant, the court provides public lawyers who present the cases of criminals who are unable to get their lawyers. It is important to note that although the law allows the government to conduct investigations to gather evidence, its goes further to restrict illegal searches and seizures. One would state that under criminal procedures, the rights of the criminal are protected and upheld to create a platform for order and accurate convictions.
The Sixth Amendment to the U.S constitution has described a right to a speedy trial by any defendant (Clerk, 2009, p. 72). This shows a criminal procedure that takes place during the trial. On the other hand on cannot overlook the fact that a jury is appointed to facilitate the courts better decision making. It has been stated that the jury is usually composed of the peers to the defendant; one would argue that this allows a platform where the court can evaluate the evidence and listen to witnesses both from the prosecution and the defendant. The newly emergency exercise programs towards hazardous situations rely on strategic planning and role allocation. One would argue that this reflects on the aspect of proper investigation and role allocation in criminal procedures.
During the recent past, the community has become more concerned with the process of criminal conviction and upholding the law. To ensure that the law is upheld, proper convictions and proper sentencing are important. Thereby strategic and comprehensive planning is required under the criminal procedure. One would argue that the criminal procedure tends to dictate the guidelines that govern criminal conviction in the society. About the newly developed exercise programs, the criminal proceedings have extended to cover strategic planning as well as proper role allocation. This involves proper allocation of functions and responsibilities to ensure that the criminal conviction system is effective.
Making the community aware of their rights is yet another aspect that has been reflected by the exercise programs. Making the community aware involves working with the community, to ensure that the community fully understands the power of law. Since criminal procedures differ with jurisdiction, it is important for the government to make sure that the public is well aware of their rights and the law itself. In contrast to emergency exercise programs, the government can establish planned response to different criminal cases. This involves planned reactions and investigatory measures to adapt in regards to various types of criminal cases.
Clerk, B,. (2009). Emergency Management Issues Oxford: Oxford University Press.
Israel, J. H. (2007). Criminal procedure and the Constitution St. Paul: West Publishing.
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