According to Cappelletti (1999), the criminal justice system refers to the organization of the institutions and practices created by the state to maintain social control, uphold order as well as detect and prevent crime. The system stipulates the criminal laws, what it takes to violate them and the appropriate sanctions applicable against those who violate such established laws. In the US the criminal justice procedures are exercised by the Supreme Court pursuant to the rights and guarantees contained in the US Constitution, The Bill of Rights, The Substantive Due Process and The Federal Rules of Criminal Procedures. The core functions of the criminal justice system include the police investigatory and accusation process, pre- trial procedures, criminal trial procedures and the sentencing process.

The Substantive due process gives the police the responsibility to make any criminal defendant knowledgeable about the rights and guarantees that are available to him during the investigation process. The law also requires the defendant to have prior knowledge of his offence before he can proceed to make any statements that the prosecution may intend to use against him. The importance of this clause is to prevent the police from inducing or coercing the suspect into yielding certain information that may be detrimental to his fair trial. The police are required to show probable cause for a criminal search which must be affirmed by an oath stating the location of the search and the specific items to be held. In this regard, the procedures are adequately protective of the defendant by ensuring that the police are deterred from conducting unlawful searches of personal property.

The Sixth Amendment set clear the stage for fair proceedings in a criminal trial by stating that the defendant must be tried in public and by an impartial jury. The trial procedures uphold the defendant’s rights to be represented by a competent attorney and call his preferred witnesses before the trial begins. To ensure that all the relevant facts of the case are made available in the trial process and that no stone is left unturned, the prosecution has a duty to fully scrutinize the available evidence as well as ensuring unlimited access to the prosecution witnesses before any criminal proceedings are started. The procedures contained in the Sixth Amendment adequately defend the rules of natural justice by directing that unless there is evidence beyond reasonable doubt as to a guilty plea, the defendant must be presumed innocent (Cole, 1998).

The criminal trial process is very systematic and leaves no loopholes for legal flaws in administration of criminal justice. The process begins by the judge setting preliminary bail to give the defendant the chance to be tried while out of custody after his first arrest. The judge then reads out all the charges against the defendant before court making him aware of his defense and sets the dates for future proceedings. The presiding judge has the responsibility to assess the evidence and decide whether the defendant has a case to answer or order deeper investigations before the proceedings can continue. At this pre- trial stage, the judge can amend the bail depending on the strength of the evidence presented in court or dismiss the case and set the defendant free on grounds that the evidence is insufficient (Reichel, 2005). If the evidence available is sufficient in the opinion of the judge to sustain a criminal case, the proceedings then move to a full trial where full facts relevant to the case are heard and should the defendant be found guilty, the judge proceeds to sentence him appropriately.

In conclusion, American criminal justice procedures have the appropriate provisions to ensure protection of fundamental rights of all defendants despite its inherent shortcomings. I recommend that any future amendments to these procedures remain consistent with the Bill of Rights and above all observe provisions of the rule of natural justice