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Page 8 of 33 |
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What is meant by criminal procedure and why is it important? |
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| The rules of criminal procedure are set down to guarantee constitutional due process to those individuals charged with a crime. Because a person charged with a crime can be subjected to a loss of liberty, subjected to a fine and the loss of civil certain civil rights (to carry a weapon or right to vote) the rules of criminal procedure should be strictly followed. The failure to follow these rules that guarantee certain constitutional rights can result in a conviction being reversed and the charges dismissed. The trend in law today is to retreat from that position as the rights of the state and victims are being given more weight in the balancing of the two positions. |
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