The Major Provisions of the Bill of Rights
The Bill of Rights relates to the first ten amendments contained in the Constitution of the U.S. The First Amendment interdicts the enactment of any regulation in respect to a religious establishment, the infringement of the freedom of speech, the infringement of the freedom of the press, the infringement of the entitlement to petition for a governmental redress of injustice, and the interference with the entitlement to assemble peacefully (Barkan & Bryjak, 2011). The Second Amendment is aimed at protecting a person’s right to bear and keep arms. The Third Amendment forbids the soldier quartering in privately owned residences; this is in line with the Quartering Acts sanctioned during the Revolutionary War by the British Parliament. The Fourth Amendment protects against unreasonable seizures and searches; it further requires the judicial sanctioning of any warrant. The sanction ought to be supported by a credible cause. The Fifth Amendment proscribes self-incrimination and double jeopardy; it further warrants the entitlement to due procedures, the screening of criminal arraignments by the grand jury, and the reimbursement for private property seizures under eminent domain.
The Sixth Amendment outlines a number of the defendant’s rights during a criminal trial: The entitlement to a public and speedy trial, to trial by an unprejudiced jury, to be enlightened of his criminal charges, to confront a witness, to counsel assistance, and to impel witnesses to make an appearance in court (Beany, 2016). The Seventh Amendment warrants jury litigations in federal civil court cases involving claims of over twenty dollars. The Amendment further proscribes judges from overruling fact findings by juries during federal civil litigations. The Eighth Amendment proscribes the imposing of excessive fines or bails. However, it allows the open interpretation of the expression “excessive.” The amendment further interdicts unusual and cruel punishments. The Ninth Amendment emphasizes the existence of additional basic rights outside the U.S Constitution. The Tenth Amendment fortifies the precepts of federalism and power separation. The Amendment provides that the powers neither conceded to the federal government by the United States Constitution nor proscribed to the states are reticent to the citizens or states.
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Impact of the Bill of Rights on Prisoner’s Rights and the Field of Correction and Criminal Justice
The Bill of Rights has largely influenced the rights of prisoners and the department of corrections and criminal justice significantly in many ways. First, through the provisions of the First Amendment under the Bill of Rights, state and federal courts have extended the entitlement to the freedom of expression and speech to inmates. The federal and state courts require correctional administrators to rationalize any restrictions based on these rights. Additionally, with regards to the First Amendment provisions, the Supreme Court has sanctioned the entitlement to the freedom of religion among inmates (Garry, 2014). Prison authorities are obliged to provide inmates with an opportunity to execute their religious faith. Secondly, the Fifth and Fourteenth Amendment guarantees the due process to every citizen.
The Fourteenth Amendment often guarantees equal protection under the law to all citizens. Following the claims of gender-based prejudice, courts ruled that privileges, programs, and facilities provided to female inmates be substantially equal to those offered to inmates of the male gender. Thirdly, through the Sixth Amendment provisions under the Bill of Rights, defendants are entitled to the entitlement to a public and speedy trial, trial by an unprejudiced jury, to be enlightened of his criminal charges, to confront a witness, to counsel assistance, and to impel witnesses to make an appearance in court during trials. Lastly, prisoners are protected against unusual and cruel punishment under the Eighth Amendment. Prisoners ought to be provided with quality medical care, and they ought to be protected against attacks by other inmates (Mercer, 2017).
How the Bill of Rights is applied at State Level
The Bill of Rights usually appertains at the state level through incorporation. Under the U.S law, incorporation relates to the doctrine through which the Bill of Rights’ sections has been rendered pertinent to the states. All provisions under the First Amendment are incorporated against the states. The Bill of Right’s provisions under the Second Amendment has also been incorporated against states. The provisions are delineated as an individual and fundamental entitlement that will incontrovertibly be susceptible to severe scrutiny by the courts. The Third Amendment's provisions have only been incorporated against states under the jurisdiction of the U.S Courts of Appeal for the Second Circuit. Provisions under the Fourth and Fifth Amendments have also been incorporated against the states. However, the arraignment by a grand jury hasn't been incorporated (Beaney, 2016).
Under the Sixth Amendment, the entitlement to the public and speedy trial, trial by unprejudiced jury, counsel assistance, witness confrontation, and notice of accusations have been incorporated against the states. However, the entitlement to the jury singled out from residents of the district and state where the crime took place has not been incorporated against the states. Additionally, provisions under the Seventh Amendment have not been incorporated against the state. Under the Eighth Amendment, the entitlement to protection against undue bail and excessive fines have been incorporated against the states. However, the entitlement to protection against unusual and cruel punishments have hasn't been incorporated. The Equal Protection Clause provided under the Fourteenth Amendment has been incorporated to the Confederate government via the Fifth Amendment’s Due Protection Clause; this is referred to as reverse incorporation (Beaney, 2016).
Avenues of Relief by Prisoners
The two primary avenues of relief employed by prisoners include federal constraint of state courts through injunction and Habeas corpus. An injunction relates to a court order that requires an individual to cease or continue pursuing a particular action. There are three major forms of injunctions preliminary injunction, temporary restraining orders, and permanent injunctions (Schultz, 2009). A habeas corpus writ often directs an individual, particularly a prison warden, to vindicate the detention of a prisoner and produce the prisoner. A habeas corpus writ is usually sanctioned statutes in state and federal courts.
References
Barkan, S. E., & Bryjak, G. J. (2011). Fundamentals of criminal justice: A sociological view . Sudbury, MA: Jones & Bartlett Learning.
Beaney, W. (2016). Right to Counsel in American Courts . S.L.: University Of Michigan Press.
Garry, P. M. (2014). Limited Government and the Bill of Rights . Columbia: University of Missouri Press.
Mercer, W. D. (2017). Diminishing the Bill of Rights: Barron v. Baltimore and the foundations of American liberty . Norman: University of Oklahoma Press.
Schultz, D. A. (2009). Encyclopedia of the United States Constitution . New York: Facts On File.
