Essay On Constitutional Safeguards
Criminal law brings the power of state, with all its resources to bear against the person. Criminal procedures are designed to protect the constitutional rights of individuals and to prevent the arbitrary use of authority of the part of the government (Miller, 2013). The United States government provides specific safeguards for those accused of crime and most of these safeguards guard individuals against government actions, as well as federal government actions of the due process section of the Fourteenth Amendment. The constitutional safeguards are set forth in the Fourth, Fifth and Sixth Amendments. This paper describes the 4th, 5th and 6th Amendments from the viewpoint of adult and juvenile criminal court proceedings.
4th Amendment of U.S Constitution The Fourth Amendment protects the “right of the people to be secure in their prisons, houses, papers and effects.” The law enforcement officials should have search warrant before searching or seizing personal property through a
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The defense counsels can argue against the safeguard of accused before they are proved guilty with support of constitutional safeguards. The law enforcement officers cannot harass the accused or defame the accused because they are protected by the amendments in the constitution. The 4th Amendment states that unless there is warrant the house or accused cannot be searched. The law enforcement officers need to take permission before arrest or searching the accused. Due to this amendment in the constitution the adult criminal can get relief before they are proved guilty. The judges in the criminal justice are neutral compared to any other staff and they look for witnesses or evidence before punishing the accused. There are instances where law enforcement officers may take advantage of their positional power to harass the people in the
Police Violate The Fourth Amendment
234 Words | 1 PagesIn the case, the Court did not see sufficient evidence to support the claim that the police violated the respondent’s Fourth Amendment right, prior to entering the resident. There is no evidence of threats or demands made by the police officers, that would insinuate the officer did anything wrong. Because the police in this case did not violate or threaten to violate the Fourth Amendment prior to the exigency, the Court held that the exigency did in fact justify the warrantless search. The officers re-acted upon suspicion and training (Vile, n.d.).
Summary Of The Supreme Court Case Of Youngstown Sheet And Tube Company
2406 Words | 10 PagesSupreme Court also ruled that any state officials that obtain evidence by the process of illegal seizure or searches may not admit the evidence into criminal trials. The Fourth Amendment protects the rights of citizens from unreasonable seizures and searches (Pearson Education). This decision by the U.S. Supreme Court enforces the exclusionary rule of search and seizures to the all levels of the government and limits the powers that police officers have over citizens by protecting their Fourth Amendment rights (Oyez Project). This case and the decision of the U.S. Supreme Court has redefined the rights of citizens accused of crimes. The decision is controversial because it makes it difficult to determine when or how the exclusionary rule is applied.
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486 Words | 2 PagesSubsequently, the Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against
Examples Of Protection Against Warrantless Search And Seizures
97 Words | 1 PagesProtection against warrantless search and seizures is another protection the 4th Amendment provides. The government must get a warrant or court order from a federal judge before they can see who someone called, see how long the call was, and listen to the call. Apple is at war with the government because Apple encrypts everything on there phones, so no one else can see your personal information. There are reports written for public viewing when they are caught doing illegal and unconstitutional spying. The 4th Amendment also protects against destruction of personal property during a warrantless
Essay On Fourth Amendment
941 Words | 4 PagesOur founding fathers created the Bill Of Rights which are the first ten amendments to the Constitution of the United States. One of the most important amendments is the Fourth Amendment. It states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”(p. 11). What are our founding fathers were trying to do is keep our country from a police state, a state in which law enforcement could enter our homes without probable cause. This protection provides the citizens of the
John Burke Case Study
1567 Words | 7 PagesFor the Application of the Criminal Justice System project of the Criminal Justice course, I chose the arrest of John Burke. This case is about the arrest and sentencing of John Burke who had shot and killed Joseph Ronan. Twenty-five year old John Burke agreed to meet with 22 year old Joseph Ronan at Ronans home, in Reading, Massachusetts on Monday, August 15, 2011 around 1pm, with the intent of purchasing Percocet pills. (Boston.com, 2013) However, shortly after entering Ronans home, Burke opened fire (News, 2011), and after shooting Joseph Ronan several times, with the belief that Ronan was involved in a robbery at Burkes apartment in April 2011 (Boston.com, 2013), fled the home.
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1114 Words | 5 Pages1. Chart the changes in federalism throughout American history. What was dual federalism? How was governmental power distributed under this system? How did the Great Depression lead to the decline in dual federalism?
John Wayne Gacy's Contributions To The Justice System
1030 Words | 5 PagesThe Constitution states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.” ( US Constitution) As you can see, the Bill of Rights 6th Amendment allows the accused to understand the charges against them: the accused is told what he/ she is being accused of, who is accusing them, and is allowed to enter a plea of guilty or not guilty. Moreover, it allows for the movement of rightful convictions.
Argumentative Essay On The Fourth Amendment
427 Words | 2 PagesThe right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated… We all know the fourth amendment. It's the amendment that guarantees our safety within our homes and our personal belongings. Yet, how much do you know about the fourth amendment? The fourth amendment is full of history, controversy, and discussion, even in modern day.
What Are The Constitutional Amendments In The Movie Fracture
1559 Words | 7 PagesFracture is a movie that focuses on the court proceedings of an attempted murder trial and emphasizes the legal aspects of this event. In the film, there are several instances in which the Constitutional Amendments are used in the movie as positive or negative rulings in the court. Because this is a movie follows a complex court case, it is an excellent source for these Constitutional Amendments and provides a multitude of examples to accurately represent the commonly used amendments in trials and arrests. This movie focuses primarily on the Fourth, Fifth, Sixth, and Fourteenth Amendments to the Constitution, as well as the basic concepts of criminal justice.
8th Amendment Essay
1041 Words | 5 PagesThis amendment guarantees that the rights of individuals in the criminal justice system are protected and that punishments fit the crime committed. Finally, this evidence shows the role of the Eighth Amendment in protecting the rights of individuals in the criminal justice system. It ensures that punishments, fines, and bail are reasonable and prevents the government from using cruel or unusual punishments. The negative and positive effects that have carried over to today are the ongoing struggle to ensure that the rights of individuals in the criminal justice system are fully protected, despite instances of excessive
Essay On Peace Officer Bill Of Rights
463 Words | 2 PagesThe “Peace Officer’s Bill of Rights” provide law enforcement officers many of the same rights and privileges of that of the U.S. Constitution’s Bill of Rights. The officers require more protection to prevent coercion from internal investigations that they could easily face during their career. The peace officers bill of rights stemmed from officers wanting a little greater safeguard that protects them from “perceived arbitrary infringement of their rights (Peak, Gaines, & Glenson, 2009, p. 246). According to our text, these statutes identify they type of material that must be afforded to the officer, as to their responsibility to cooperate during the investigation, the right to representation, and the rules and procedures concerning the gathering evidence, especially the interrogation of the officer” (Peak et al., 2009, p. 246).
Argumentative Essay: Should The NSA Surveillance
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