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Topic:
Criminal Law Foundation Evaluation
Essay Instructions:
Write a 1,600-word paper identifying and evaluating the constitutional safeguards provided by the 4th, 5th, and 6th Amendments to the United States Constitution as they apply to both adult and juvenile court proceedings. Discuss the impact that these safeguards (e.g., Right to Counsel, Miranda Warnings, speedy trial, the exclusionary rule, etc.) have on the day-to- day operation of adult and juvenile courts. Include at least five peer reviewed references and in-text citations. Format your paper consistent with APA guidelines 6th Edition.
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Criminal Law Foundation Evaluation
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Introduction
The constitution of America lays the groundwork for what is considered legal and acceptable in a democratic society. It is the blueprint, and the framework, setting parameters within which the society exists. Previously, the amendment schedule in the American Constitution did not exist. However, when it was discovered that some provisions were too gray in terms of their wording and hence could lead to injustice, there was the need to make amendments. The amendments to the American Constitution came about with the sole purpose being to safeguard the rights of the American citizen. Each amendment contains tenets which are aimed at elaborately supporting and protecting each right and freedom as enshrined in the constitution. The paper herein looks at 4th, 5th, and 6th Amendments to the United States Constitution and their contribution to safeguarding the rights of an accused person to ensure a fair trial.
Every person in America, by virtue of being a citizen is entitled to some rights. This is even when they have contravened the law and they are presented before a court of law to answer to charges. It is the intention of the constitution, both in its wording and spirit to ensure that accused persons face a fair trial and that the law is applied with equality. Ideally, the provisions of the constitution suggest that all rights and freedoms as enshrined in the supreme laws should be enjoyed by all people without restriction and interference. Smith (2010) notes that when a person is accused of a crime, their rights cannot be curtailed unless and until when he is proven to be guilty. Even then, there ought not to be gross violation of their rights as they still remain citizens.
Fourth Amendment
Every person has right to enjoy their privacy without any interference. Prior to the enactment of the 4th amendment the government had the right to make an arbitral search on a person and their property and premises without any prior notice. Further there was no need to obtain authority such as a warranty. The Fourth Amendment abolished such intrusion and violation of privacy. Under this amendment, the rights to privacy of an accused person are protected. This means that law enforcers must first obtain a warranty from the court. The warrant is permission that allows the enforcers to search the person, their property and permission to reveal whether there is any incriminating evidence. The order also authorizes seizure of any property or goods related to the case.
The idea and objective behind the fourth amendment is to gate keep what was considered as unreasonable and unwarranted searches (Shea, 2011). In the absence of the provisions of the Fourth Amendment, it was easy to have the rules of search and seizure abused. Without proper definition of when searches and seizures can be done, some of the searches can be unreasonable. It is because of this that the Fourth Amendment came into place to ensure that the searches done are well within the parameters of the law. Under this amendment, it is only with a search warrant that authorities can be allowed to access the premises and make searches and consequently make seizures.
Search warrants are very specific in nature. This means that an officer of the court cannot go beyond the provisions and stipulations of the search (Ginsburg, 2011). The interpretation of the Fourth Amendment to ensure that injustice does not occur encompasses a number of issues. Firstly, a person who has been accused of committing a crime and has subsequently been arrested can be subjected to a search. Secondly, any item that the accused person is in possession at the time of the arrest can also be examined. Further items that are believed to be within the reach and access of the said person will be subjected to the same and hence control of the accused person can also be subject to a search. A property belonging to or has an association with the accused person and where there is strong belief and suspicion that could help unravel the mystery of the crime committed.
Fifth Amendment
Right to freedom and to co-exist in a peaceful environment without facing accusation unjustly is an entitlement of all citizens. Under the Fifth Amendment, an American citizen is protected from being accused of a crime that is considered to be of a serious magnitude without having been presented before a jury. It is also under the Fifth Amendment that an accused person is protected from being tried for the same crime more than once (Shea, 2011). This is referred to as double jeopardy and would be an i...
Student:
Professor:
Course title:
Date
Introduction
The constitution of America lays the groundwork for what is considered legal and acceptable in a democratic society. It is the blueprint, and the framework, setting parameters within which the society exists. Previously, the amendment schedule in the American Constitution did not exist. However, when it was discovered that some provisions were too gray in terms of their wording and hence could lead to injustice, there was the need to make amendments. The amendments to the American Constitution came about with the sole purpose being to safeguard the rights of the American citizen. Each amendment contains tenets which are aimed at elaborately supporting and protecting each right and freedom as enshrined in the constitution. The paper herein looks at 4th, 5th, and 6th Amendments to the United States Constitution and their contribution to safeguarding the rights of an accused person to ensure a fair trial.
Every person in America, by virtue of being a citizen is entitled to some rights. This is even when they have contravened the law and they are presented before a court of law to answer to charges. It is the intention of the constitution, both in its wording and spirit to ensure that accused persons face a fair trial and that the law is applied with equality. Ideally, the provisions of the constitution suggest that all rights and freedoms as enshrined in the supreme laws should be enjoyed by all people without restriction and interference. Smith (2010) notes that when a person is accused of a crime, their rights cannot be curtailed unless and until when he is proven to be guilty. Even then, there ought not to be gross violation of their rights as they still remain citizens.
Fourth Amendment
Every person has right to enjoy their privacy without any interference. Prior to the enactment of the 4th amendment the government had the right to make an arbitral search on a person and their property and premises without any prior notice. Further there was no need to obtain authority such as a warranty. The Fourth Amendment abolished such intrusion and violation of privacy. Under this amendment, the rights to privacy of an accused person are protected. This means that law enforcers must first obtain a warranty from the court. The warrant is permission that allows the enforcers to search the person, their property and permission to reveal whether there is any incriminating evidence. The order also authorizes seizure of any property or goods related to the case.
The idea and objective behind the fourth amendment is to gate keep what was considered as unreasonable and unwarranted searches (Shea, 2011). In the absence of the provisions of the Fourth Amendment, it was easy to have the rules of search and seizure abused. Without proper definition of when searches and seizures can be done, some of the searches can be unreasonable. It is because of this that the Fourth Amendment came into place to ensure that the searches done are well within the parameters of the law. Under this amendment, it is only with a search warrant that authorities can be allowed to access the premises and make searches and consequently make seizures.
Search warrants are very specific in nature. This means that an officer of the court cannot go beyond the provisions and stipulations of the search (Ginsburg, 2011). The interpretation of the Fourth Amendment to ensure that injustice does not occur encompasses a number of issues. Firstly, a person who has been accused of committing a crime and has subsequently been arrested can be subjected to a search. Secondly, any item that the accused person is in possession at the time of the arrest can also be examined. Further items that are believed to be within the reach and access of the said person will be subjected to the same and hence control of the accused person can also be subject to a search. A property belonging to or has an association with the accused person and where there is strong belief and suspicion that could help unravel the mystery of the crime committed.
Fifth Amendment
Right to freedom and to co-exist in a peaceful environment without facing accusation unjustly is an entitlement of all citizens. Under the Fifth Amendment, an American citizen is protected from being accused of a crime that is considered to be of a serious magnitude without having been presented before a jury. It is also under the Fifth Amendment that an accused person is protected from being tried for the same crime more than once (Shea, 2011). This is referred to as double jeopardy and would be an i...
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