Criminal Law Foundations Essay

The coupled States institution has been amended since its origination. These amendments are meant to inspection and repair our Nation adjust to the ever changing times. Our Bill of Rights is contended in the offset ten amendments. The Bill of Rights is instilled into our constitution to protect the citizens of the United States from un bring together and dirty treatment by their own political relation. Our government is protected and enforced by local police departments and our Bill of Rights gives certain freedoms to the citizens and suspect of the police preliminary to and during prosecution by the felon arbiter system. From arrest to sentencing, the Bill of Rights protects us. This account will specifically discuss the fourth, fifth, and sixth amendments of the Bill of Rights and how they pertain to twain fresh and big(a) court proceedings. The Bill of Rights also governs the government by placing limits to the extent of their r all(prenominal), or power, and how tha t power is used against its own citizens. The Bill of Rights, or ten amendments, took adoption into our Constitution in 1789 by the efforts of James Madison. fourthly AmendmentOur 4th Amendment guarantees protection from un valid or unlawful search and seizure. This crabbed amendment is a comp mavennt of the Bill of Rights that gives citizens the powerful to secure their persons, belongings and homes each of which are protected downstairs the Fourth Amendment from any unreasonable or unlawful search and seizure. The bill strongly raises that this serious shall never be violated as well no warrants shall be issued, unless there is a probable cause, which has approval by an oath of affirmation and the interpretation of the can under inspection, the affected person or the possessions to be seized. In both juvenile and adult courts, the positive safeguard is applied (Emanuel 2009). Both juvenile andadults are afforded this obligation by our Constitution to be free from bedev ilment that is not been approved by the law with stated warrants specifying the desire and description of objects to be seized. If this practiced is violated in any way it is closely likely the violator would face fell charges or consequences payable to their treats for denying citizens their Fourth Amendment business. Fifth AmendmentOur Fifth Amendment discusses referable divine service up, self-incrimination, double jeopardy and eminent domain. allot this Amendment as a safeguard stating no person shall be under pressure to answer for any crime, unless he or she is under the indictment of a grand board (Abadinsky, 2008). The only exception to the Fifth Amendment would be the cases involving any military or militia presently servicing or during war times. Our Fifth Amendment also states No person shall be perplex in jeopardy of limb or life twice. No cardinal shall be put under pressure to testify against himself. No 1 shall face depletion of liberty, life or property, unless the same has approval by the law. No private property shall be in for public use, unless the owner gets due compensation. This is the so called Miranda bill. In adult and juvenile courts, persons countenance the right to digest silent and not to plead guilty of any offence. No one is free to make the suspect reveal anything, unless in front of a jury and within the protection of a counsel. The juveniles are immature and may not know their rights. Owing to this law the minors ingest constitutional protection from any il effectual exploitation (Hartley & Rabe, 2008). sixth AmendmentOur sixth amendment discusses the right of running play by jury, the rights of the charge, the right to a speedy trial, the right to an attorney, and the right to a public trial. The 6th Amendment states that any subject suspected of criminal activity resulting in prosecution will lease the absolute right to a speedy trial by public and of a jury of their peers (Abadinsky, 2008). All subjec ts or suspects shall be informed of the charges against him/her regarding any arrest of criminal activity, witnesses are also available to testify for and against the accused according to the Sixth Amendment and the accused will be given witnesses prior to jury trial,this right is afforded to citizens under the Sixth Amendment of our Constitution. The suspect will have the right to have his/her own witness as well as a first appearance of defense by his/her attorney in order to conflict with prosecuting attorney evidence given against him/her.Our constitution affords the right to be given a fair, speedy and public trial in both juvenile and adult criminal court proceedings. Not only do they have the right to a fair, speedy, and public trial but they are afforded the right to legal representation for any offense brought to the criminal umpire system. This ensures the rights of the accused to ordain defense upon any mistaken identities or statements of the facts regarding the crim e in which they have been charged. The right to a speedy trial gives the accused the ability to exact with his/her normal life without undergoing a long drawn out process of the court system inflicting undue baffle on their lives. Delay of justice may bring a lot of frustrations to the accused, thus, the speedy and public trial is a great variant (Wilkerson 1973).Impacts of the Safeguards on day to day trading operations in the Court All of the Amendments that have been added to our Constitution have guaranteed a well needed transformation of our criminal justice system. The Amendments allow the citizens of the United States to be informed of their rights. By doing so a better discretion is gained between the relationship of our government and our citizenship accordingly, thus harmonizing the relationship between government and citizenship bringing a sense of understanding and relief for individuals. Having the right to an attorney gives the accused an equal stance in the cour troom to defend against an bang of criminal activity with a fair and just trial. This ensures that the citizens of the United States snarly with criminal activity or accused of criminal activity have proper representation and rebuilds trust that the government cannot abuse their power against them (Champion, 2010). count on a juvenile without these rights, they would have no way to argue their naturalness without legal knowledge, thus falling to the will of the government. The hiring of an attorney can ascend by means of private method actings or be available finished the state with no charge, at any rate, ensuring counsel for defense.The inclusion of the Miranda warnings protects all accused of criminal activity from self-incrimination due to pressure or undueinfluence. righteousness enforcement adjusts their tactics by moderating their power to gather information through unwarranted measures, deceit, and playing subjects against each other is a common method to gain a volu ntary confession. With the Miranda warnings, subjects can have the right to pillow silent and refrain from stating incriminating statements against themselves (Abadinsky, 2008). They are afforded an attorney who can guide them with legal knowledge the extent of the statements they should make. This protects the accused from unfair and illegal call into question in interrogation from unwarranted authority figures.The right to a fair and speedy trial allows justice to come at a reasonable pace, delivering a sense of harbor to the accused by eliminating long drawn out trials that may play on their ability to remain a sane in normal life experiences. Delaying the justice system is ofttimes expensive and comes with stress that plays into the accused everyday lives thus, creating more chaos than is due for the circumstance. Our Constitutional rights ensure fair treatment and the rights of citizens to know their course of action is readily available. The safeguards against unlawful sear ch and seizure ensures citizens their dignity and privacy is not disregarded and their lives are protected affording a sense of stability and comfort against the force of the Nations government (Hartley & Rabe, 2008). This changes the view of law enforcement and the communities they serve and opens the door for acceptance of their position and an understanding of the job they are doing through community actions and other theoretical methods of law enforcement. ConclusionThus the Fourth, Fifth, and Sixth Amendments of the Bill of Rights are in place to secure the rights of the citizens of the United States. by-line these Amendments can afford our Nation the right to boast of fairness and justice being served without conflicting with personal rights giving our government an admirable musical arrangement regarding the criminal justice process. It is the hope of our Constitution, and the Amendments that every citizen of the United States is educated to their rights and utilizes the Co nstitution to protect themselves from unfair treatment and prevents the government from exerting their brute force to tough a conviction of an innocent citizen, or placing improper sentencing on a guilty party. All these laws and rights are a product of the citizenry for the people and therefore should work infavor of the people, with all do influence of the government it is nice to know they are governed as well.ReferencesHartley, R. D., & Rabe, G. A. (2008). Criminal Courts Structures, Process, and Issues (2nd ed.). prentice lobby Inc..Champion, D. J. (2010). The Juvenile Justice System Delinquency, Processing, and the Law (6th ed.). scholar Hall Inc..Abadinsky, H. (2008). Law and Justice An Introduction to the American Legal System (6th ed.). Prentice Hall Inc..