The Christian Burial Case: An Introduction to Criminal and Judicial Procedure

By Thomas N. McInnis | Go to book overview

Chapter 2

The Criminal Justice Process

Facts as such, never settle anything. They are working tools only. It is the implications that can be drawn from facts that count.

—Clarence Beldon Randall 1


DUE PROCESS AND THE CRIMINAL JUSTICE PROCESS

The Williams case would have never come before the courts and entered the criminal justice system if there had not been an accusation that Robert Williams had violated the criminal law. Criminal acts are public wrongs that are prosecuted and, if conviction follows, punished by the state. After a legislative body has criminalized a certain act, the wheels of the criminal justice process begin to turn with the commission of a crime. Throughout the criminal justice process, one of the most basic assumptions is that all suspects are considered innocent until proven guilty. This assumption limits the ability of the government to incarcerate its political enemies or members of unpopular groups without evidence and proof of guilt presented at trial. It also gives rise to an adversarial system of justice in which the government has the burden of proving the guilt of individuals suspected of criminal activity. The adversarial process is praised for creating an environment in which the evidence put forth at trial can be thoroughly challenged and tested for truthfulness. This is seen as a necessity because fact finding is subject to a number of weaknesses that can create inaccuracies. Therefore, because the stakes involved in criminal sentencing are so high, punishment should

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The Christian Burial Case: An Introduction to Criminal and Judicial Procedure
Table of contents

Table of contents

  • Title Page iii
  • Contents vii
  • Preface ix
  • Acknowledgments xi
  • Chapter 1 - The Crime and the Problem 1
  • Chapter 2 - The Criminal Justice Process 17
  • Chapter 3 - The First Trial 29
  • Chapter 4 - The Historical Development of the Rights against Self-Incrimination and to Counsel 65
  • Chapter 5 - The First Appeals 95
  • Chapter 6 - Brewer v. Williams 105
  • Chapter 7 - The Second Trial 129
  • Chapter 8 - The Historical Development of the Exclusionary Rule of Justice 161
  • Chapter 9 - The Second Appeals Process 183
  • Notes 191
  • Chapter 10 - Nix v. Williams 193
  • Chapter 11 - Aftermath 211
  • Bibliography 225
  • Index 233
  • About the Author 241
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