Amendment 1
As per the Bill of Rights, the First Amendment guarantees that Congress will not make any laws respecting a religion’s establishment or forbid its exercise. It also protects one’s freedom of speech, the assembly of the press, as well as the right to ask for a redress of grievances from the government.
According to Carmen and Hemmens (2017, 15), the First Amendment guarantees the following rights:
Freedom of religion
Freedom of speech
Freedom of the press
Freedom of assembly
Freedom to petition the government for a redress of grievances.
Some of the actions of the police which might be in violation of the First Amendment include the dispersal of groups that are practicing their religion in public places, inhibiting public speakers from using public places, especially if it is protesting against government policies, limitation of access to the press of crime evidence or cases under investigations, imposing juvenile curfew orders, and barring public meetings, gatherings, or parades without a permit that is valid. Some of the limitations of the First Amendment include the fact that it fails to define the boundaries of free speech and is thus ambiguous. For instance, some of the things that ought not to be considered as free speech include slander, libel, pornography, incitement, etc., but are not clearly defined by the First Amendment.
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4th Amendment
The Bill of rights defines the Fourth Amendment as that which defines the rights of individuals to have security in their persons, papers, houses, as well as effects against unreasonable seizures and searches by law enforcement, should not be violated except in cases beyond reasonable doubt of a probable cause which is backed up by affirmation or Oath, and specifically provides a clear description of the place to be searched, as well as the things or persons to be seized. In general, Carmen and Hemmens (2017, 15) define this Amendment as one that provides one with the freedom from unreasonable searches and seizures.
Carmen and Hemmens (2017, 15) also highlight that it is the most significant constitutional right in the law enforcement process since it entails stops, detentions, arrests, frisking of places, motor vehicles, and people. The violation of this particular right necessitates one to be liable for criminal or civil liability, especially towards the law enforcement officers. However, the Fourth Amendment is limited in that it only applies to a search when an individual has a genuine privacy expectation in the location or thing scrutinized. Otherwise, the Amendment provides no protection since there are usually no privacy issues, by definition.
5th Amendment
This Amendment states that no individuals should be held responsible for answering for an infamous or capital crime unless they are indicted or are on grand jury presentment except in cases which arise in naval forces or the land, or militia when an individual is serving their time in war or public danger. In addition, it also states that any individual should not be subject to the same offense to be placed in jeopardy of life twice, nor should they be coerced, in any case, to witness against themselves. They should also not be deprived of property, life, or liberty without due process of law.
Generally, the fifth Amendment gives one the following rights and privileges;
Right to be indicted by a grand jury for severe or capital crime
Protection against being punished more than once for the same crime
Protection against self-incrimination
Protection of an individual’s liberty, life, and property from being subject to judgment without due process of law
The violation of the right not to incriminate oneself is among the most critical issues, especially for law enforcement. However, the fifth Amendment has some limitations. For instance, it only applies to testimonial acts like writing, nodding, or speaking, and other personal information that might be incriminating, such as hair and blood samples, fingerprints, or DNA, can be utilized as evidence.
6th Amendment
In this Amendment, the accused individual should have the right to a speedy and public trial by a just jury of the state and location where the crime was undertaken. Similarly, the district should affirm the same after being informed of nature as well as the cause of the allegations. One should also have the right to have his own witnesses and also have the assistance of counsel for defense purposes.
Carmen and Hemmens (2017, 15) summarize these rights as follows;
Right to summon a witness
Right to a speedy public trial
Right to a just jury
Right to have full information for arrests and accusations
Right to confront the witnesses against them.
Right to be assisted by a lawyer.
The authors also state that the constitutional rights which are ascertained under the sixth Amendment are limitations on what the courts can undertake during the trial. Police issues, nevertheless, might arise due to the right to counsel, especially when the police question suspects without counsel or do not give counsel amid the lineup. One of the major limitations of the sixth Amendment is that an individual is not entitled to an advocate that is a member of the bar, and the defendant’s choices may not be honored.
8th Amendment
This Amendment states that the defendant should not be subjected to excessive bail or excessive fines. Similarly, under this Amendment, one is protected from unusual or cruel punishment. As per Carmen and Hemmens (2017, 16), the rights under this Amendment do not entail the law enforcement officers. This is because it primarily involves the courts, which are prohibited from undertaking excessive bails, and the prohibition against unusual and cruel punishment is applicable amid sentencing and when an individual is incarcerated. The eighth Amendment is necessary because it protects defendants from being exploited by the justice system as they cannot be subjected to excessive fines.
The Eighth Amendment, however, is only applicable to prisoners as it does not encompass sentences. For instance, the prison conditions can be very inhumane and thus can be categorized as unusual and cruel punishment. Similarly, the Eighth Amendment has also been invoked in cases of the death penalty, where the judgment itself, as well as the processes entailed, are deemed to be unusual and cruel. One of the significant limitations of the 8th Amendment is majorly in the case that it allows for the death penalty as capital punishment. The death penalty should be abolished and relegated as it is unjustly cruel in all types of cases.
14th Amendment
The Fourteenth Amendment states that all individuals that are naturalized or born in the US and are subjected to the law are considered citizens of the US and the states in which they live. No state is allowed to enforce or make any law that will abridge the privileges and immunities of US citizens. Similarly, no state is allowed to deprive any individual of property, life, and liberty without the law’s due process. They are also not allowed to deny any individual equal protection of the laws.
The equal protection right requires that individuals be treated as similar unless it is justifiable to do so. Usually, such decrees are defined by the legislation or court decisions and not by the individual department or police officers. For instance, race-related differential treatment is unjustified and is thus a violation of the 14th Amendment as long as they are citizens of the United States. This is also similar to the differential treatment of religions or any other case (Carmen and Hemmens, 2017, 17). One of the significant weaknesses of the fourteenth Amendment is majorly in regards to its ambiguity and lack of clarity in interpretations of the ‘due process’ clause. While it is defined to encompass most of the provisions of the Bill of Rights, it has been interpreted in a myriad of ways over recent years.
Legal Document
The legal document that contains all these amendments is the American constitution, and they are stipulated in the Bill of rights section. This is a crucial document because it defines and declares the duties and rights of citizens, and in regards to the legal and justice system, it ensures that their decisions are just and constrained according to its stipulations. All decisions of the jury are constitutional as it is used as the basis of the rulings.
References
Carmen D., V., R & Hemmens, C. (1 January 2016). Criminal Procedure: Law and Practice. Cengage Learning. ISBN 978-1-305-85494-9.
