Criminal Law Foundations
Megan Ray
CJA/484
April 7, 2012
Terri Madison
Criminal Law Foundations
Every system has a foundation that it builds off of even the criminal justice system. America finds governmental and legal foundations within the Constitution and the Bill of Rights; as time has gone by there have been amendments added to these important documents. These amendments help to support the constitution as well as the Bill of Rights. The Amendments make articles within the Constitution and the Bill of Rights clearer or have modernized the rights making them more relevant to modern times. This paper will discuss the 4th, 5th, and 6th Amendments and how they are relevant to criminal law in not only adult court but juvenile court. This paper will also discuss the impact that these safeguards have on the daily operations of the court system.
The Amendments
The 4th Amendment 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 (The Bill of Rights).” The fourth Amendment protects people from the government being able to just search a person’s home, records or body without a reasonable assumption of a crime in progress. Once reasonable suspicion has been established the government official must take their case to a judge who will then review the case and issue a warrant for search and seizure. Of course the warrant may not be approved if the judge does not find reasonable suspicion and a list of the evidence that is to be obtained is not listed. Once all of the information is available and the judge agrees with the affidavit then the judge will approve the operation.
The 5th Amendment states: “No person shall be held to answer for a capital,... [continues]
Megan Ray
CJA/484
April 7, 2012
Terri Madison
Criminal Law Foundations
Every system has a foundation that it builds off of even the criminal justice system. America finds governmental and legal foundations within the Constitution and the Bill of Rights; as time has gone by there have been amendments added to these important documents. These amendments help to support the constitution as well as the Bill of Rights. The Amendments make articles within the Constitution and the Bill of Rights clearer or have modernized the rights making them more relevant to modern times. This paper will discuss the 4th, 5th, and 6th Amendments and how they are relevant to criminal law in not only adult court but juvenile court. This paper will also discuss the impact that these safeguards have on the daily operations of the court system.
The Amendments
The 4th Amendment 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 (The Bill of Rights).” The fourth Amendment protects people from the government being able to just search a person’s home, records or body without a reasonable assumption of a crime in progress. Once reasonable suspicion has been established the government official must take their case to a judge who will then review the case and issue a warrant for search and seizure. Of course the warrant may not be approved if the judge does not find reasonable suspicion and a list of the evidence that is to be obtained is not listed. Once all of the information is available and the judge agrees with the affidavit then the judge will approve the operation.
The 5th Amendment states: “No person shall be held to answer for a capital,... [continues]
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"Criminal Law Foundations." StudyMode.com. 04, 2012. Accessed 04, 2012. http://www.studymode.com/essays/Criminal-Law-Foundations-969108.html.
