The exclusionary rule is a deterrent against searches and seizures. Any evidence that is gained through an illegal search or seizure is now inadmissible in criminal proceedings, per the exclusionary rule. Supporters of the exclusionary rule argue that it helps prevent illegal searches and seizures against law enforcement. Those against the exclusionary rule argue that the exclusionary rule keeps criminals out of jail and there are other preventative measures such as suspending police officers without pay, dismissing them from a case, or in extreme circumstances terminating employment of officers who violate the Fourth Amendment. The Fourth Amendment of the Constitution protects all citizens from unreasonable searches and seizures from all government officials.
Due process is the fair treatment of the judicial system by the Fifth, Sixth, and Fourteenth Amendments. This is the constitutional guarantee that one will be given the opportunity to be heard before they are deprived of their life and (discharge from all restraints or obligations unless convicted). (Schmalleger 631-632) And also guaranteed that the law will not be unfair in anyway and that the government will not in any way deprive any person(s) of their constitutional rights.
The government will not interfere with people’s right to express their opinions, nor will it censor information distributed by the press. The freedoms of religion and speech are vital to American democracy because religion unites and speech enables everyone to have a voice. Freedom of speech and the press ensures that the government does not become corrupt. Unity and having a voice was important to Englishmen who wrote the Magna Carta, and has become the base for American democracy today.
Checks and balances prevents any one branch from having too much power. [Doc C is an excerpt from Federalist Paper #51 written by James Madison in 1788. The Federalist Papers were papers written to convince people to ratify the Constitution.] According to Doc C, ”... the constant aim is to divide and arrange several offices in such a manner as that they may be a check on the other…”
Most Americans today still treasure and hang on to these amendments. For the ones that do not seem to care we do need to absorb these values to take part in civil engagement- which also involves motivation so that we stay a united country. And to do this we must obey these rights and not take advantage of them. If these rights which I find today have not been revised as others have. We will take away and lose our American heritage.
It also guarantees that life, liberty and property cannot be taken away without the due process of law. The Sixth Amendment allows for one accused of a crime to have a trial and a jury. The accused has the right to know what crime they were accused of, and has the right to hear all witnesses against them. The accused have the right to call witnesses to court. The accused is also guaranteed a lawyer, if they cannot afford one, the government must provide one.
The Gettysburg Address by Abraham Lincoln and the excerpt from the “Funeral Oration”by Pericles distinctly describe a democratic government. But which democracy is more “true”? The Athenian and American democracy have their many differences. The Gettysburg Address
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.
People are allowed to believe in what they choose to or they can decide to believe in nothing at all. Freedom of Religion makes a living in the United States better because in other countries there is a certain religion everyone has to follow. Freedom of Protesting is people who get together for a cause and whether its good or bad the protest should be allowed to by the government. People may create protest against you or to help you in anything they want.
They do not know what it is like to be under a government or church rule that does not allow open discussions or opinions. Therefore, the people at times take for granted their freedom 's. Americans, want the best for the government, however, the people at get
Some might ask why is the constitution important to the United States? The United States relies on the constitution for a base. The constitution is what freed us from Great Britain. Where would our country be today if our founding fathers didn't create the constitution and didn't make this country freedom of speech and religion. How the constitution started, why it was created, and what it effects in today's society.
The fourth amendment protects citizens from unlawful search and seizure. In order for a search and seizure to happen the police have to have evidence in order to get a warrant which allows them to search the citizens luggage, house, etc. In some cases the government may go to far, or invade privacy of others, but in this case the government didn’t go to far and this is proven in DLKs case, thermal imager, and heat image. In DLKs case he was taking reasonable expectation of privacy in the activities he was doing in his home.
Depending on the context, search warrants are a controversy for example; when entering a residence with the correct procedures that the law enforcement officer makes. To get a warrant, officers need consent and signed paper from the judge and with the state attorney. Overall there is the fourth amendment that safeguards the protection of the people and the right to issue a warrant with probable cause. In nature, there are certain requirements of a search warrant and some denies that right to search freely.
The Fourth Amendment is no unreasonable searches and seizures without a warrant, and the right to privacy. I believe this amendment is crucial because without it law enforcement would be able to just walk into our homes unannounced. Take what they wanted and leave. The Eighth Amendments is no cruel or unusual punishment. I think this one is pretty self-explanatory for why it is important.
Seminar 1DB# 2 Q. 1 Interpretation of the Constitution In his speech, Justice Scalia noted that the interpretation of the Constitution depends on when it was interpreted. He also stated that the interpretation should be “reasonable.” Justice Scalia is said to be an Originalist. He explicated the originalist view comparing with the living document view.