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Bill of Rights Paper - 1

By michellelew Aug 28, 2012 1771 Words
Bill of Rights Paper
The Bill of Rights is the name that was given to the first ten amendments of the Constitution of the United States. The Bill of Rights focuses on the set limitations of the government, which included preventing abuse against citizenry by government officials. Although, the document does not cover all rights of citizens in American one can view that it does list the key important rights defined by the Founding Fathers. One will identify all ten Bill of Rights listed in the United States Constitution but the focus of this paper will solely be on an analysis of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments. In this analysis one will also understand the relationship between each of the focused parts of the Bill of Rights including administration of justice and security. The Bill of Rights was formally organized in the form of charter of liberties and rights. This was a problem to many because it let more power to the government to operate with full force. Bill of Rights

This type of debate leads to assuming a new national responsibility, which lead to the expansion of the existing Bill of Rights. There was provision that were effective against violations by states including the national government. Thomas Jefferson was concerned of these strong government powers by the United State Constitution. He believes they could be used in an act of destroying inherent civil rights and liberties of the people. This thus led to limiting the government powers through separation of powers among three important government branches: executive, legislative, and judicial. This would in turn prevent any individual or group for tyrannically exercising power. Her further explained the importance of demanding a Bill of Rights for protecting certain liberties of individuals rights and freedom. Following is a brief interpretation of the bill of rights. * Freedom of speech, religion, the press, and peaceful assembly * Keep and bear arms

* Protection from the mandatory quartering of troops without owner consent * Protection from unreasonable search and seizure
* Due process, protection against double jeopardy and self-incrimination * Speedy and public trial by a jury of pears
* Civil trial by jury
* Prohibition of excessive bail and cruel or unusual punishment * Protection of other rights not included
* Right to residual power by the states and its citizens (Cross, 2012). The Bill of rights is a key part of American history including an important part of American citizens daily living. Citizens are giving protection under the Bill of Rights, which in tems of the Amendments stated in the Bill of Rights included various rights offered to all American citizens. The important purpose of the Bill of Rights was mainly for establishing relationships between the people and federal government. It is viewed as a set of standards judging other legislations. The Bill of Rights has often been interpreted and used with much controversy in numerous legal cases. These cases range from Supreme Court justices to small city judges every since creation. “The creation of the Bill of Rights for the sole purpose of promoting autonomy, plurality, freedom of choice, and protecting, which is mostly like philanthropic sectors that allows citizens to exercise his or her individual liberties, granted by the first ten amendments”(Cross, 2012). Analysis of the First, Fourth, Fifth, Sixth, and Fourteenth Amendments First Amendment

The First Amendment to the United States Constitution speaks about freedom of speech, religion, the press, and peaceful assembly. This particular part of the Constitution prohibits any type of inhibition of worship, speech, and one’s ability in assembling individuals peacefully. In other words it allows every individual to freely worship including to freely speak ("The United States Constitution", 2011). The First Amendment ensures the citizens of society maintain its intellectual health as well as become enriched by a completive, vigorous marketplace of ideas. Fourth Amendment

The Fourth Amendment to the United States Constitution speaks about unreasonable searches and seizure of individuals and property. It states that law enforcement officials to first be issued with a proper search warrant that clearly describes the specific place of search including the extent in addition to description of property. This should also include individuals being seized ("The United States Constitution", 2011). Fifth Amendment

The Fifth Amendment to the United States Constitution speaks about assuring individuals at no time or place shall he or she be held liable for a capital offence unless otherwise called by the Grand jury or if the crime was said to be committed while doing public service. A suspect should not be called upon to testify against her or himself. All individuals found guilty receive compensation for any deprivation of property including liberty that is taken from them ("The United States Constitution", 2011). Sixth Amendment

The Sixth Amendment to the United States Constitution focus on speedy trials that typically do not carry on for years. It also incorporates impartial jury, which also allows the trail to be carried out in the same place the crime was committed. Under this amendment the accuse is also given the opportunity looking for witnesses that support him or her, which includes allowing direct confrontation with witnesses of against the suspect. This opens the pathway for both viewpoints to be examined clearly by the jury. “The Assistance Counsel is also obliged to help the accused in his or her defense , which allows for the accused to have is crime read out so that the presented accusation is clearly understood as part of the rights of the accused” ("The United States Constitution", 2011). Fourteenth Amendment

The Fourteenth Amendment to the United States Constitution explains that all individual born or taken United States citizenship through the process of naturalization are considered as citizens of America per the jurisdiction. Therefore these individuals are obliged to all rights availed for all residents. This is regardless of his or her residency in the country. The provisions of this amendment call for equal provision of public resources. It also states the states are also no suppose to be deprive by residents of any form including lack of security for specific individuals ("The United States Constitution", 2011). Due process which is located in the amendment found in the Bill of Rights is a necessary and central part of the justice system. It also requires informed and careful consideration of valid facts of each individual case. Due process works in seeking to ensure innocent people are not held responsible or convicted of criminal acts he or she did not commit. It ensures that all individuals receive the same protection and rights as described under the law. Relationship between the Bill of Rights and the Administration of Justice and Security

The Bill of Rights is a vital part of the United States Constitution as well as its purpose for the people. It is a vital and essential tool used by the security and justice systems. The Bill of Rights focus in aiming to protect the freedom and rights of every American in such a way he or she can express themselves in a free manner, which includes allowing them to worship as they deem comfortable. Citizens are often assured of citizenship and his or her recognition as Americans. This is regardless of whether or not he or she was a born citizen. These citizens are under the protection form violation of his or rights such as unauthorized searches and seizures conducted by law enforcement unless producing a warrant prior to the actions taken. The warrant will consist of the search not invading the privacy of these individuals because the Bill of Rights states ensure an individual’s privacy or personal property including protecting one’s life from unwarranted invasions.

Court rulings are made quicker by hastening trails, which ensures they are being held in the states the crime occurred. The accused individuals rights are clearly given to them to ensure that the jury is not harsh on the hence of the accused, which further increased the rate at which the case may be heard. On the other end the Justice of Administration and Security work together with the goal of protecting citizens from leader with criminal records and any harm. These type leaders can pose a threat or serious harm to a country, which in turns denies his or her voting rights and active participation in any future elections. Individuals engaging in rebellions or other activities against the United States government wishes are made to pay gor his or her actions and any expense he or she incurred during the activities.

In conclusion one should understand that the foresight given by the Founding Fathers and the incorporated flexibility into these amendments were an instrumental part to the flourishment of today’s philanthropic sector. One can also conclude a major challenge public security organizations face is lacking public trust in such a way that private organizations are more preferable in comparison to public security organizations. One of the ways to eliminate this inefficiency is done by incorporating two consecutively group allowed to work together in reducing discrepancy. This will assist in helping the regaining of trust as well as learning from one another in reducing disparities. Eliminating challenges of complex criminal cases present to numerous law enforcement agencies can be done providing clear guidelines and indications for various cases in the line with that particular level of agency handling the case. This is similar to the same way different courts systems have different jurisdiction of solving various criminal cases. This is very important in reducing time wastage but also play a great part in efficiency increase of law enforcement agencies. Through all of the research and given information one can understand the important of the Bill of Rights in its entirety and how it links to the criminal justice administration and security. To maintain order and develop and effective and successful justice system it is important that balance exist. Balancing is the fundamental principle of the criminal justice system. “You must first enable the government to control the governed; then you must oblige the government to control itself. Criminal procedure brings balance to criminal law because the ultimate ends of criminal law are dual, conflicting, or contradictory-to acquit and to convict the guilty” (O’Connor, 2010)

References
Cross, C. (2012). Philanthropy and the Bill of Rights. Learning To Give. Retrieved from http://learningtogive.org/papers/paper46.html O’Connor, T. (2010, August 21). An Overview of Criminal Procedure. Megalinks in Criminal Justice. Retrieved from http://www.drtomoconnor.com/3020/3020lect01.htm The United States Constitution. (2011, January 13). AcademicWritingTips.org. Retrieved from http://academicwritingtips.org/component/k2/item/564-the-united-states-constitution.html?tmpl=component&print=1

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