The idea of having an adequate criminal law, procedure, and justice system has been a concern and duty in the United States since its founding. This concept is always the subject of constant speculation and undergoes changes almost every year. One of the most influential acts included in the criminal law procedure and judicial system is the Bill of Rights. The Bill of Rights was created by America's representatives not only to reinforce the idea of substantive law, but also to create a framework for the rights of everyday Americans. Since the creation of the Bill of Rights, there has been a constant need to change laws and procedures to accommodate the rights afforded to every citizen. In this article, the analysis of the effects of the Bill of Rights will be explored, as well as the reasons for the increase in incarceration rates and the issue of plea bargaining. Now, the question is whether or not the criminal justice system details of the Bill of Rights are about substantive law or criminal procedure law. The four amendments we will focus on are the Fourth, Fifth, Sixth, and Eighth Amendments. These four amendments focus on the fundamental right to a lawyer as well as rights recognized in the courtroom. Thus applying that the Bill of Rights pertains to the idea of substantive law; substantive law is legal or written law. Substantive law embraces the reality of civil rights and duties, while also maintaining responsibilities in civil law. Due to the fact that the four amendments to the Bill of Rights affecting the criminal justice system apply to civil rights and requirements in the judicial system to provide adequate representation; it is more closely related to substantive law than criminal procedural law. The other…half of the paper…sections. All of these reasons are why I think we have such a high rate of incarceration and a low rate of people taking advantage of their right to a jury trial in today's criminal justice system. The Bill of Rights had one of the most important impacts on the criminal justice system we still use today. It allows us to assert our fundamental rights in the courtroom and provides the system with a tool of rules to follow to keep those rights present. I think there are still many rules and regulations that need to be changed to make the system more lenient and beneficial rather than simply punishable; but ultimately I believe that in the United States we have a strong system and every individual is afforded their rights. It's an ever-evolving system, with its flaws and its positives, but it keeps our communities safe and represents who we are and our values.
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