American Government Phase 5 Ip
Charles Hayden
American Government Phase 5 IP
March 26, 2012
Jasmin Crenshaw
When a person commits a criminal act, he or she is has certain rights given to them by the Bill of Rights; the First, Fourth, Fifth, Sixth, and Eights amendments. Of the amendments listed I will be discussing the Fourth, Fifth, and Sixth. The Fourth Amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The purpose of this amendment is to protect a person’s rights to privacy and freedom from arbitrary invasion. That means law enforcement can’t just go through you home without probable cause or a warrant. This amendment doesn’t just affect criminals, but every American citizen’s. All of the amendments are important but this one offers protection from searching and seizing evidence without probable cause. This amendment is applied to person accused of a crime when it comes to obtaining evidence for a trial or offence. There are some loop holes to this amendment, for example, if you give consent to a search you pretty much waive your Fourth Amendment right. Also, if an individual is arrested during a traffic stop, law enforcement my search the vehicle. The Fifth Amendment states that no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall
American Government Phase 5 IP
March 26, 2012
Jasmin Crenshaw
When a person commits a criminal act, he or she is has certain rights given to them by the Bill of Rights; the First, Fourth, Fifth, Sixth, and Eights amendments. Of the amendments listed I will be discussing the Fourth, Fifth, and Sixth. The Fourth Amendment is the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The purpose of this amendment is to protect a person’s rights to privacy and freedom from arbitrary invasion. That means law enforcement can’t just go through you home without probable cause or a warrant. This amendment doesn’t just affect criminals, but every American citizen’s. All of the amendments are important but this one offers protection from searching and seizing evidence without probable cause. This amendment is applied to person accused of a crime when it comes to obtaining evidence for a trial or offence. There are some loop holes to this amendment, for example, if you give consent to a search you pretty much waive your Fourth Amendment right. Also, if an individual is arrested during a traffic stop, law enforcement my search the vehicle. The Fifth Amendment states that no person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall
References: CliffsNotes.com. Fifth Amendment: Right to Remain Silent. 14 Mar 2012 http://www.cliffsnotes.com/study_guide/topicArticleId-10065,articleId-9966.html CliffsNotes.com. The Rights of Defendants. 14 Mar 2012 http://www.cliffsnotes.com/study_guide/topicArticleId-65383,articleId-65540.html Hornberger, Jacob G. The Bill of Rights: The Rights of the Accused. 22 June 2005 http://www.fff.org/freedom/fd0502a.asp Legal Information Institute. Fourth Amendment. http://www.law.cornell.edu/wex/Fourth_amendment?quicktabs_3=1#quicktabs-3 Jones, Steve. Top U.S. Foreign Policy Stories of 2011. http://usforeignpolicy.about.com/od/backgroundhistory/a/Top-U-S-Foreign-Policy-Stories-Of-2011.htm