Introduction

The US judicial system seeks to deliver justice to both the accused and victims. This research aims to determine the rights that the US constitution accords to criminals and victims. Equally, the paper examines whether illegally obtained evidence can be admissible in a court of law. Despite seeking to provide equal justice to all, the legal system in the US must ensure that all parties have access to equal rights.

The Rights of the Criminals

In the U.S. judicial system, criminals have too many rights.  For instance, the OR (Own-Recognizance) has increased the privileges of offenders by allowing people charged with low-level or non-violent misdemeanours to be released from custody after an apprehension without posting bail. The current bill in Philadelphia seeks to annul the cash bail system, and, thus, increase the rights of offenders by ensuring that defendants are not held in custody for lack of money to post a bond. The presumption of innocence inherent in the US constitution also increases the rights of defendants by making it unfair to deny suspects bail before conviction. Furthermore, plea bargains increase the rights of defendants by reducing the number of charges or the gravity of an offence. However, the process denies victims justice by enabling offenders to get light sentences after pleading guilty. The double jeopardy procedure denies victims and their families’ fair judgement because it prevents the trial of an acquitted person twice even in situations where new substantial evidence is available. On the contrary, the appeal right enables convicted defendants to have their cases reviewed, and in some instances, the claims are dismissed. Therefore, the criminal justice system in the US provides various rights to criminals.

The Accused Verses the Victims’ Rights

The courts must focus on the rights of both the accused and the victims. The U.S. Constitution states that, just like the defendants who have a right to fair, free, and impartial trial,  victims also have particular interests, rights, needs, and expectations under the U.S. criminal justice system. Grand juries base their verdict on the evidence presented by prosecutors, hence, the absence of the accused is likely to have minimal effect on the final ruling.  Shame, fear and concern about other family relationship are some of the factors that prevent victims of domestic violence from appearing before courts. Thus, even in the absence of a complaint, suspects of domestic abuse can still be arrested and prosecuted.The Miranda rights are necessary because they enable suspects to access a fair justice system as outlined in the fifth and sixth amendment that protects against self-incrimination and advocate for the right to counsel. PTD (Pretrial-Diversion) seeks to deter crime by subjecting most first time offenders to programs administered by the probation service rather than the conventional court system. However, the PTD denies victims the justice they likely to be accorded through the formal court process. Generally, though offenders must meet justice, the US constitution advocates for the rights of all people including criminals.

Using Illegally Obtained Evidence in Trial

Illegally obtained evidence can be used in a trial as proof of a criminal act. The Fourth Amendment protects U.S. citizens against arbitrary seizures and searches and situations where a valid search warrant can be issued. However, the constitution fails to stipulate the probable action in case a law enforcer obtains incriminating evidence. Therefore, conclusive evidence obtained without coercion through some programs such as the stop and frisk can be used in a formal court process as long as it seeks to protect the general public. Such evidence can be admissible in a court of law. Overall, it might be necessary to use illegally obtained evidence in a court of law to maintain justice and ensure that the rights of victims and offenders are maintained,

Conclusion

The judicial system must ensure that both victims and suspects have been accorded justice in criminal cases. However, most of the laws in the country tend to favour criminals and disregard victims. For instance, the appeal rights enable offenders to review cases while the double jeopardy provision prevents victims from using substantial evidence to renew the trial of acquitted persons. Regardless, the judicial system seeks to provide equal rights for both victims and offenders.

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