Wednesday, February 13, 2013

3. Criminal Procedure: Are defendant's rights crucial to our system of government? Why or why not? Many argue that defendants have too many rights - do you agree? Why or why not?


Defendant’s rights are crucial to our government. Without these rights, people would not have much privacy in their own homes or businesses. They protect the manner in which the police conduct investigations, the procedures used at trial, and the punishments that may be given following conviction. There does seem to be too many rights for defendants, though. If a policeman found evidence that someone broke the law, even if the evidence was found in violation of the Fourth Amendment, then they should be able to use that evidence in court. Too many people get away with crimes due to the fact of too many rights given to defendants. The exclusionary rule allows guilty people to go free simply because the police made the mistake of not getting a warrant. 

2 comments:

  1. I agree with most of what you said but I have to disagree with the point you made about defendant's having too many rights. There has to be a happy medium somewhere. I know that a lot of criminals get off but I would rather have those rights than not. At least we get a fair trail. That's part of it. We may not agree with all of it but it's there for a reason.

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  2. I agree with you, defendents rights are very crucial. If defendants didnt have rights, police could do and say what ever they wanted to in an investigation. Also, I agree that there should be a seperation between church and state. If there was only one religion, I believe there would be alought of fighting within our own nation.

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