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Write a 6 pages paper on american legal systems. Under this presumption, defendants are entitled to a presumption of innocence. Defendants do not have to prove their innocence. The government must establish guilt ‘beyond a reasonable doubt.’ This right and others are outlined in the Fifth and Sixth Amendments which will be further examined in this discussion.

Fundamental rights guaranteed by the U.S. Constitution’s the Bill of Rights includes the right to due process of law (Fifth Amendment) and the right to a speedy, public and fair trial along with the right to counsel and to confront the accuser, (Sixth Amendment). These aforementioned two Amendments are essential to the U.S. criminal justice system functioning as the framers of the Constitution envisioned it. The omission of all or parts of these Amendments in any phase of the criminal justice system deprives a defendant their right to the due process of law guaranteed by the Fourteenth Amendment. Due process, in essence, is a clause that encompasses the precepts of these Amendments. It protects U.S. citizens from policies or practices which infringe upon basic, fundamental

concepts of justice and fairness whether or not actions by the government violate specific guarantees of the Bill of Rights. The criterion of criminal law is whether the disputed policy or practice violates an essential standard of justice and liberty inherent in the concept of a free society. Particularly important to this precept is the Fifth and Sixth Amendments.

Criminal justice in the U.S. is a complex system involving local, state and federal jurisdictions, all unique in their structure and policies but decisions handed down by any court is based on the due process of law guaranteed by the Constitution. The Fifth Amendment guarantees the defendant’s right to ‘due process of law’ and from being subjected to ‘double jeopardy’ or testifying against themselves. Double jeopardy means being put on trial twice for the&nbsp.same offence (U.S. Department of State, 2001).&nbsp. The ‘Miranda Rights’ are covered by the Fifth Amendment. &nbsp.Even those who have never been issued a traffic citation can recite these rights if they have watched television in the last 40 years.