11 Feb 2023

107

The Bill of Rights: Amendments 1-10 to the U.S. Constitution

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Academic level: Master’s

Paper type: Research Paper

Words: 789

Pages: 3

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Most of the criminal justice system may seem intimidating but it does not mean that the criminals or defendants do not have rights. Criminals must be held responsible for their actions against society, but the law must be followed. The United States criminal justice system is a network system at all special levels of territorial jurisdiction courts and military court, state, and federal levels. Certain amendments have impacted the system of criminal justice. The United States constitution has many changes that were written to prevent defendants from coerced confessions, unusual and cruel punishments, law enforcement intrusive behavior, and excessive bails. The most amendments with high impact include the fourth amendment, Fifth Amendment, sixth amendment, and eighth amendment. These amendments ensure fair treatment of the United States of America citizens if arrested or suspected of committing a crime. This amendment provides people with protection from seizures and unreasonable searches without authorization. Protection involves people's properties, homes, and their persons. The legal warrant must be obtained by the law enforcers or the police while arresting a suspect or a person perpetrated to commit a crime ( Criminal Justice Degree Schools, n.d) . This warrant need be given by court judge afore the police storms into the property of the suspect to look for evidence ( Dee, 2019; Grabel, n.d.) . This amendment is essential to the citizens of the United States because it protects them from arbitrarily searched by the police and protects their properties. In a case involving 13 years old Savana Redding, a student, the District Court Judge in the United States, ruled that her rights were not violated when she was searched in her undergarments, pockets, and backpack illegally without a warrant. A male schoolmate had reported being given strength ibuprofen pills by another girl who accused Savana of having the pills. The ruling by the Supreme Court overturned the decision after she appealed for the case and stated that her rights were violated, thus upholding the fourth amendment. The law states that police or any other official must have a warrant before bursting into someone’s property for a search. The Fifth Amendment prevents persons from being penalized or prosecuted devoid of due process. The due process involves the legal rights of a person provided by the law, which includes being notified of the service, right to defend him/herself, and to be heard ( Criminal Justice Degree Schools, n.d) . The amendment ensures that even if there was a crime that was committed, the involved persons are justly arrested from their homes and penalized with a fair trial. More so, it provides a person with the right to silence to avoid self-incrimination ( Dee, 2019; Grabel, n.d.) . When a person is found innocent in a criminal trial, the amendment prevents the person from being tried again of the same crime by the courts. In 1944, the Supreme Court overturned the conviction of a Tennessee suspect whom the law enforcement agencies had broken down. It forced him to sign a confession because the constitution prohibits any sentence of any person through coerced confession. The law states that a criminal has the right to be given justice and not be convicted without a due law process. This amendment provides the defendant with the right to a hearing judged by a panel of judges of his or his friends. The defendant has the right to the legal presentation, to face witnesses during prosecution, and to know the nature of his crime ( Criminal Justice Degree Schools, n.d) . More so, when the defendant is defending him/herself, it is their right to obtain witness that can support their defense. Also, it is a requirement of the amendment that the trail to be held in the same nation and locality where the offense was allegedly committed. It allows a right to a fast trial. For instance, Ventris Ray Donnie was convicted of murder based on a cellmate's confession with whom the police had paid to pay attention to Ventries' possibly incriminating remarks. In this case, the police violated the rights of the accused. The sixth amendment states that a person is entitled to a fair defense before trial. This amendment states that the accused person has the right to fair bail. It says that the courts are not supposed to set excessive bonds to the accused persons. Therefore, judges are prevented from setting bails basing on bias against the defendant or their personal feelings. More so, the amendment prevents the accused persons from cruel punishment ( Dee, 2019, Grabel, n.d.) . The bail money is always returned to the defendant after the trial is completed. This bail is set by the judge depending on the nature of the crime and the risk that the accused person may fail to appear before the court ( Criminal Justice Degree Schools, n.d) . For example, the government charging organizations with a fine of $1 million for drop litter in the environment, which is a violation of the eighth amendment, which protects people from excessive fines. The amendment states that fines given to people or organizations should not be exaggerated; that is to say that the fines should not be a proportionate of the crime committed. 

References 

Criminal Justice Degree Schools (no date). Criminal Rights: Laws and Protections https://www.criminaljusticedegreeschools.com/criminal-justice-resources/criminal-rights-laws-and-protections/ 

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Dee J. Kelly Library. (2019).The United States Constitution. Resources for researching the history, drafting, interpretation, and other elements of the U.S. Constitution. https://law.tamu.libguides.com/c.php?g=513904&p=3510925 

Grabel Scott (no date). Criminal Amendments in the Bill of Rights https://www.grabellaw.com/criminal-amendments-in-the-bill-of-rights.html 

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StudyBounty. (2023, September 15). The Bill of Rights: Amendments 1-10 to the U.S. Constitution.
https://studybounty.com/the-bill-of-rights-amendments-1-10-to-the-us-constitution-research-paper

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