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The consequences of impermissible detention and searches without sufficient probable cause or reasonable suspicion of criminal conduct can result in civil liability on the part of the police agency involved. The most serious types of criminal procedure violations, such as those depriving individuals of fundamental civil rights and freedoms can also trigger serious criminal violations under federal law in addition to civil monetary penalties (Schmalleger, 2008; Zalman, 2008).
Modern American criminal procedure establishes very strict rules that limit the authority of police to question or interrogate criminal suspects as well. Once an individual has been validly arrested, police must advise the individual of his Fifth Amendment rights against self-incrimination and of his Sixth Amendment right to the presence of legal counsel during any questioning before police conduct any interrogation.
The consequences of failing to understand the requirements of criminal procedure in this respect can potentially negate the entire value of all the police work leading up to the arrest of the person responsible for criminal conduct. Specifically, American constitutional criminal procedure requires that any evidence collected in violation of the rights of the suspect be excluded from introduction at trial (Dershowitz, 2002; Schmalleger, 2008; Zalman, 2008).
Criminal Procedure and the Distinction Between...
Specifically, in civil matters (such as law suits over money), the applicable burden of proof is preponderance of the evidence, which means the litigants must establish relevant facts sufficiently to make them more likely than not (Dershowitz, 2002; Zalman, 2008).
However, in criminal prosecutions, the state must establish the facts necessary for conviction on criminal charges to a much higher degree of certainty, such as beyond a reasonable doubt. In practice, that means criminal justice professionals must train to develop much more convincing evidence to meet that burden of proof at trial. One of the best contemporary illustrations of the difference is the manner in which O.J. Simpson was acquitted of murder in criminal court but found liable for wrongful death at civil trial for his killing of his ex-wife and Ronald Goldman in 1994 (Dershowitz, 2002).
References
Dershowitz, A. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Bantam Books.
Schmalleger, F. (2008). Criminal Justice Today: An Introductory Text for the 21st
Century. Hoboken, NJ: Prentice Hall
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