Criminal Law Foundations

Topics: United States Constitution, United States Bill of Rights, Crime Pages: 5 (1438 words) Published: October 19, 2014
Ethics in Criminal Justice Administration Analysis
CJA/484
April 20, 2014
Lori Madison

Ethics in Criminal Justice Administration Analysis
The United States of America, its government, and the Criminal Justice Administration are all governed under the same set of governmental laws. These governmental laws are documented within the U.S. Constitution. Each amendment to the Constitution provides basic rights for citizen of the United States. Signed by delegates and presided by President George Washington, the Constitution was designed to provide a stronger federal government under the three branches; executive, legislative and judicial (The Constitution, 2014) In proceeding involving juveniles the United States Supreme court provides protections against juveniles according to the U.S. Constitution, the right to counsel, advanced notice of charges, the right to confront and cross-examine an adverse witness, and the right to remain silent. The research within this paper will cover the 4th, 5th, and 6th Amendments and how they pertain to criminal law within and the juvenile justice system. The impact of safeguards provided by these amendments and how they affect the day-to-day operations of the adult and juvenile courts.
Fourth Amendment
According to “The Charters Of Freedom" (n.d.) the Fourth Amendment to the Constitution states; “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 (Amendment IV).” The fourth amendment to the Constitution protects a person's rights from illegal search and seizure. Specifically, the fourth amendment protects a person's homes, papers, effects, and their person from search without probable cause or reasonable suspicion by a law enforcement or government officials. Once reasonable suspicion is concluded, a law enforcement official takes the evidence to a judge for a warrant. If the judge does not feel the evidence provided is satisfactory, a warrant will likely not be generated; therefore search and seize is not granted. As the 4th amendment protects adults from illegal search and seizure, afforded juveniles are also protected in a similar manner. Juveniles arrested without a warrant are to be provided a probable cause hearing at which time evidence pertaining to their arrest is shown and examine by the proceeding judge. 5th Amendment

The fifth Amendment to the Constitution states; “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 private property be taken for public use, without just compensation ("The Charters Of Freedom", n.d.). The fifth Amendment guarantee’s all felonies be tried by a grand jury. The fifth Amendment also protects a persons right against self-incrimination. The fifth Amendment also protects a persons right to only be tried once for the same crime. The Fifth Amendment protects juveniles accused of crimes by informing them of their rights and charges against them and their right to an attorney. Juveniles are given the right to confront their accuser, cross-examine witnesses, and they are given the right to refuse against testifying themselves. In most states, the right to a public trial or trial by jury is not afforded to juveniles because of confidentiality laws in regards...
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