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Domestic Criminal Due Process Guarantees: A Case Study Of The United States Of America

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Chapter Summary

This chapter discusses the domestic guarantees of due process, which came into being long before those guarantees were recognized in international law. The U.S. constitutional guarantees, its Bill of Rights and its extensive case law, will represent the model of a countrys legal system in which the liberty of the person denotes the identity of the nation. A person properly arrested without warrant, but on probable cause can only be kept in custody if he or she is heard promptly by a magistrate using procedures ensuring a reliable determination of probable cause. Detention on remand and bail are important elements of the fairness of criminal procedure. The Sixth Amendment guarantees the right to be informed of the nature and the cause of the accusation. The only substantive contribution international law can make to U.S. law in the field of fair trial and due process guarantees is through customary international law.

Keywords: American Bill of Rights; customary international law; pre-trial detention; Sixth Amendment; U.S. constitutional guarantees



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