The Seventh Amendment guarantees that a persons accused of a crime can have a trial by jury .Getting rid of the jury system completely disown the Seventh Amendment also the Seventh Amendment protects us and or the persons getting accused of a crime from too much government power and control. So one reason that the government should keep the American jury system is because the Seventh Amendment guarantees trial by jury and keeps the government from gaining too much control. According to John Gastil and Phil Weiser “ the farmers of the united states constitution viewed jury service as a critically important feature of self-governance and enshrined (guaranteed) the right to serve on juries in the seventh amendment (Jury Service). This is just one of many reasons the jury system should still be a role in our nation 's criminal offence
Although the rationale of peremptory challenges, ironically, would be for the defendant and the prosecution to get rid of any potentially biased jurors, lawyers may instead use their peremptory challenges to form a jury that would pass a more favourable verdict. As lawyers are also not required to explain their decisions in striking out jurors in most cases, the makeup of the jury can thus be heavily imbalanced. However, as a judge would be required to not let any preconceived bias affect the administering of justice, the accused would hence receive a fairer treatment as compared to juries that might have any bias towards either the prosecution or the defendant. With juries also not being required to explain their decisions, any bias that the jury might have would not be easily found and challenged. Especially in cases where the death penalty is concerned, it is all the more important that juries mete out a fair verdict.
The Magna Carta was a legal document that gave people rights such as no cruel or unusual punishment and property rights. It was created to limit the power of the monarch and to make sure the power of the monarch was not abused. The Bill of Rights was greatly influenced by the Magna Carta because it consists of laws that are very similar to ones in the Magna Carta. For example, the laws for no excessive fines or punishments and the protection of property are extremely similar to laws in the Magna
The first reason why the Second Amendment should not be abolished is because we, as citizens have the right to defend ourselves. Word for word, the Second Amendment states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed” (Constitute). That means that citizens have the right to own a firearm to defend from the government and/or criminals. In a perfect world, law enforcement would be able to keep order to make gun ownership unnecessary.
The exclusionary rule is a lawful principle that the United States use, which expresses that the confirmation that was powerfully utilized by the police can 't be utilized in a criminal trial. The motivation behind why this is done it’s for the security of the established rights. In addition, the exclusionary rule states that in the Fifth Amendment no one "should be denied of life, freedom, or property without due procedure of law." The exclusionary rule additionally expresses that in the Fourth Amendment it is intended to shield residents from unlawful pursuits and seizures. It also applies to the infringement of the Sixth Amendment, which ensures the privilege to counsel.
The most important thing is that it simply provides citizens with the framework for our criminal legal systems. This Amendment is very important because it states American Citizens’ rights and what they are upheld to follow when they have been accused of a crime. This Amendment also prevents a defendant from sitting in prison longer than they are going to have too, which are using up other American tax dollars. I like this Amendment because it is impartial and without delay (unless for necessary reasoning). It does not give too much power to the jury nor the defendant.
One of the main reason for civil rights laws is to protect civilians from government abuse. Even though the police officer went too far with a civilian, the police officer cannot be sued. The civilian still has recourse through federal law. Retired police officer David Couper talks to Dr. Greg Gelembiuk, one who gathers data from police reports, “Sometimes I hear the argument that raising the bar on police use of deadly force will somehow put more police officers in physical jeopardy.
Based on the reasoning of the caliber of Officer Steele’s moral standards as applied to his civic duties, administration could have prevented this situation by not hiring someone possessing traits that might indicate such unethical behavior. Steele should have been held accountable by the department’s administration for withholding information from the prosecutor regarding the detainment of R.M. while in detention. The lack of team- policing would have restricted Steele’s opportunity to abuse the powers governed to him as a law
According to the Eighth Amendment, cruel and unusual punishment is prohibited. For this prohibition to be significant throughout society in which confinement is the essential method of criminal penalty, it is essential to establish when prison conditions are cruel and brutal. While prisoners may have lost their rights to freedom in the light of their crime and conviction, despite everything, they remain to hold the same constitutional rights as free citizens do, with certain exceptions. The special cases include rights that would cause disagreement with the prison facility and system’s ability to safely, adequately, and proficiently run the establishment, those that would risk the wellbeing of the staff, the public and/or others near.
Although this amendment is not common in today’s lifestyle, it is still an important one. The seventh amendment is important to citizens because of the fact that it involves a jury with a noncriminal lawsuit. This means that two people can go to court and the argument will not be about a crime. The eighth amendment declares protection on citizens from paying outrageous fines and protects citizens from cruel and unusual punishments even if the citizen is guilty of a crime.
The book describes the Miranda Rights, which are the legal rights that a person under arrest must be informed before they are interrogated by police. If the arresting officer doesn’t inform an arrested person of his Miranda Rights, that person may walk free from any chargers. The book also talks about double jeopardy, double jeopardy is the right that prohibits a person from been tried twice for the same crime. In other words if a person is found innocent and sometime later new evidence surface that can incriminate him with the crime that he is “innocent” he cannot be charged for that same crime. The book also mentions self-incrimination, which is the right that no citizen will have to be a witness against himself.
Point 1. The collected evidence ought to be suppressed for failure to issue Miranda warnings during a custodial interrogation. Miranda warnings were made mandatory by the Supreme Court to protect the citizenry from hard police interrogation tactics and forced confessions. However, when a private citizen becomes the interrogator outside, the application of Miranda becomes less strict. The Constitution does not restrain a private citizen in the same ways as law enforcement, unless that citizen is acting as an agent of law enforcement.
One of these rules is that prior sexual history should not be brought up by defense counsel to discredit complainant. This helps to protect the complainant from further trauma and to insure the trial is fair and just. In trials, complainants are able to use testimonial aids. There aids help prevent further trauma from happening by aiding complainants tell their emotional stories. There are many challenges faced in Sexual Assault Law.
They stop the national government from interfering with the essential rights and civil liberties of citizens and they also accentuate how limited the national government’s power is. For instance, Amendment I guarantees the freedom of religion, Freedom of speech where the government cannot interfere with people’s personal beliefs. Another common amendment today is the 5th amendment which gives people the right to choose not to testify in court if they feel their own testimony will incriminate them, it also protects citizens from being subject to criminal prosecution and punishment without due process and protects people from being tried for the same case twice. Government’s power is limited through the bill of rights through the 3rd amendment which requires the owner’s consent when it comes to housing troops in their private homes which was something that was problematic during the American Revolutionary war. The Bill of Rights were added to the constitution due to the fact that citizens were unhappy because the constitution did not list the basic civil liberties of citizen’s and their individual freedoms.
With this bill, anyone can be sent to prison even though their actions were not intended for terrorist behaviour. This bill will limit the security that every individual gets even though they are innocent. As the other sections are important, section 8 and 9 play a very important role towards this bill. Section 8 states that everyone has the right to be secure against unreasonable search, but in this bill it is said that police can search you at any time when they suspect some unusual behaviour. I can relate Section 9 because the police now have the right to detain anyone without getting consent from the judges.