Procedural law and the Bill of Rights - Running Head...

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Running Head: PROCEDURAL LAW AND BILL OF RIGHTS 1 Procedural Law and Bill of Rights Name Professor Course Date
PROCEDURAL LAW AND BILL OF RIGHTS 2 Procedural Law and the Bill of Rights The legal system of the US is similar to that of most countries and has gradually evolved. The US legal system is divided into two categories; enacted law and case law/ common law. The enacted law incorporates all law adopted by the people or a legislative body and includes, statutes, constitutions, and regulations. The enacted law trumps case law, but the former is inferior. Enacted law can be considered to be encompassing and is important in addressing challenges of one fell swoop. Common law is the law that is created by courts in the absence of enacted law. This term includes a body of law developed by courts as long as the legislative authority has not taken any action. Common law is guided by regulations put in place by the state or federal statutes but does not exclusively rely on written laws. Common law has little influence [Wil12]. Criminal justice process involves a series of activities that start with an investigation and ends with the release of the convicted individual from correctional supervision. Decision making and rules are in the middle of this process. One of the two steps discussed is an arrest. The arrest is concerned with taking a suspect into custody and holding them until they are summoned to court. Arrest suggests that there could be a reasonable connection between a particular crime and a specific person. Arrests are made after a probable cause; which is a reasonable belief that an identified individual has committed a crime. If a certain crime is serious such as felonies, the police have to have adequate knowledge of facts and circumstances to believe for the occurrence of a crime. It is at this point that some cases are dropped before booking which is the nest stage.

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