Analysis of the Bill of Rights

Topics: United States Constitution, Supreme Court of the United States, United States Bill of Rights Pages: 6 (2240 words) Published: April 27, 2011
* Analysis of the Bill of Rights

This paper will be an extensive analysis of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution. This analysis will consist of these parts of the Bill of Rights and the administration of justice and security. Furthermore, there will be an evaluation and comparison of the various areas of the criminal justice system and security by addressing the following: 1) The objectives of and the challenges facing various federal, state, and local law enforcement agencies; 2) The roles of the federal, state, and local court systems with respect to public safety and civil rights; 3) The objectives of the juvenile justice system with those of other agencies; 4) The roles of private security organizations with respect to both corporate and public protection; and 5) Recommend solutions to the various challenges facing criminal justice organizations and security organizations. James Madison introduced the Bill of Rights as a series of legislative articles and went into effect as Amendments of the United States Constitution in 1971 through the ratification process.

Analyzing the Bill of Rights
The First Amendment of the United States Constitution states that the United States Congress cannot make laws condensing the freedom of press or free speech; the right for people the peacefully assemble; and a formation of religion or prohibiting the exercise of religion. There is an article written by Chris Neefus that focuses on challenging the First Amendment of the United States Constitution. The article is titled Justice Breyer Suggests That Burning a Quran Could be Like Shouting 'Fire' in a Crowded Theatre--Thus Not Protected by 1st Amendment. This article speaks on if Pastor Terry Jones’ First Amendment right to free speech and the right to assembly would be protected if he were to burn the Holy Quran. This came into question because in a case in 1919 Justice Oliver Wendell Holmes gave his opinion on what actions should be protected by the First Amendment. Holmes’ asserted that if an individual were to shout “fire” in a crowded theater, that assertion would not be protected by the free speech clause in the First Amendment. This assertion would not be protected by the free speech clause in the First Amendment because it may incite a riot and people may be knocked over and stepped on trying to rush out of the theater. Pastor Jones may have incited a riot if he burned the Holy Quran because it would be extreme disrespect to the Muslim religion. The Fourth Amendment of the United States Constitution gives the rights to individuals to feel safe in their homes and their person against seizures and searches that are unreasonable. Individuals cannot be violated and warrants cannot be violated by seizures and searches. Nevertheless, if there is a probable cause for a seizure and search, reinforced by affirmation or Oath; describing where that search is being conducted, then the individual may be seized. The focal point of the Fifth Amendment of the United States Constitution is that an individual cannot be forced to answer to a crime, except for if that individual was indicted by a grand jury. However, if an individual committed a crime while in the military; on military land; during the time of public danger or a war; then that individual must answer to a crime. The Fifth Amendment also states that an individual cannot be charged with the same criminal offense twice, once they are acquitted of that same offense once before. If the previous trial ended in a hung jury or a mistrial, then the defendant in the case may be tried again; or if the charges are not exactly the same. The Fifth Amendment also precludes an individual from being deprived of property, liberty, or life without due process. Lastly, this amendment protects rights of citizens. This means that the government cannot claim prominent domain over a citizen’s property. The Sixth Amendment of the...
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