Individual rights advocates have always held that the criminal justice system must endeavor to protect the personal freedoms of individuals. On the contrary, public order advocates do believe that under certain circumstances involving criminal threat to the public safety, societal interests should take precedence over individual rights.
Criminal justice is synonymous with law enforcement. The criminal justice system insulates both the accuser and the accused from any form of impartiality by strictly applying the law of criminal procedure -- the criminal (penal) law. Criminal justice cannot in any way be separated from social justice. It is therefore ill-conceived for one to posit that criminals have too many rights in America's criminal justice system because the legal system "grants so many rights" to people accused of crime.
Simply put, the "accused" are granted adequate rights. Because of the government's excesses, it is in order that an accused person is guaranteed the right to speedy trial,...
Department of State, 2012).
The speedy trial clause saves the accused the long spells of incarceration before a verdict is reached. It minimizes anxiety that the accused will be subjected to during these incarcerations. Because of inherent health complications that lengthy incarcerations come with, the accused persons may eventually become incompetent to face trial. What would happen if the speedy trial clause was not introduced in the 6th Amendment? Some accused persons may die even before their cases are heard and determined, a violation of the rights of the accused person (U.S. Department of State, 2012).
What would happen if accused persons were tried in…
