The United States constitution has several amendments that were designed to protect defendants from being subjected to oppressive or excessive charges or behavior that may be considered an intrusive form or by law enforcement officers. These amendments include the fourth amendment, which states that individuals should be safe from unreasonable search and seizure and which prohibits insurance of warrants without any probable cause. Another amendment is the fifth one which protects criminal offenders from being tried for a second time after a not guilty verdict is issued. This amendment also protects individuals from being proven guilty without due process being followed (Heuer, 2017). Additionally, the seventh amendment assures individuals of a trial by a jury instead of a sentence being based on the evidence presented. The eighth amendment states that the criminal offender has a right to be given bail based on their crime.
Some of these amendments, for instance, the fourth amendment, limit the power police officers have and can use when making arrests. For example, suppose an individual is in possession of contraband or not, and the police need to certify that they do but are lacking the warrant to search their premises. In that case, the fourth amendment prohibits these officers from searching for seizing contraband. A criminal offender can be given various types of sentences, including an absolute discharge, a suspended sentence, a fine, imprisonment, probation, a conditional sentence, and an intermittent sentence ( Sentencingcouncil.org.uk, 2021 ). Probation is when the court orders an individual to do or not do given things for a given period of time. A probation order is delivered based on a person's criminal history and crime severity. Imprisonment is when a person is sent to jail after a conviction, and it is issued when someone is found guilty of a crime befitting this decision and when their release poses a threat to society. On the other hand, intermittent sentencing means the offender is in prison in short time periods, for instance, weekends, and it only happens when the individual has a sentence lesser than 90 days.
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References
Heuer, J., & Coggins, P. E. (2017). Criminal Justice Majors' Basic Knowledge of US Constitutional Rights and Pedagogical Implications. International Journal of Higher Education , 6 (4), 79-93.
Sentencingcouncil.org.uk. (2021). Types of the sentence – Sentencing .
