Criminal Law Foundations Evaluation
CJA 484 – Criminal Justice Administration Capstone
Jacinto C. Rincon
June 24, 2013
With a great deal of debate the design of the United States along with the lay out by the founders of the country who took their roll in laying down the “rules” of the United States of America very seriously. The Articles of Confederation, the Bill of Rights, and the US Constitution lay the floor work of a layer of protection afforded to all United States Citizens. Each of the doctrines provides a step towards the written words that have granted many men and women protection from persecution as well as freedoms not received in other parts of the world. The last piece of the three historical documents, the US Constitution is comprised of a set of amendments, which have been written to protect several different rights that as a citizen are protected from false persecution. These constitutional amendments play a large roll, in the manner in which aspects of court procedure handled in both juvenile and adult court systems.
The Fourth, Fifth, and Sixth Amendment were evolutionary in an effort to protect the rights of the people of the United States. Authoring the three amendments gave way to an overhaul in the judicial process, along with a significant change in judicial decision in American history. “The Fourth Amendment provides the people of the United States, the right 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 and things to be seized” (U.S Constitutional Amendments, 1972). The design of this Amendment is to create a type of barrier in order to protect individual rights to privacy, also preventing illegal search, and seizure of personal property. These search warrants are in existence in order to ensure that law enforcement have boundaries when it comes to search and seizure of personal property without a court signed document detailing the probable cause. As society entered into the digital age, the fundamental importance of these privacies both inside and outside of the courtroom, have become more visible. “In the last decade, personal computers have become an increasingly important source of evidence in criminal cases. Society utilizes computers to record, and store a remarkable amount of information. Documenting, almost every ounce of personal, business and community information and events. In a growing number of cases, searching the suspect's personal computer is an essential step in the investigation. The thorny issue for the courts — and the fascinating issue for scholars — is how the Fourth Amendment should regulate the process” (Kerr, p.532, 2005). The Fourth Amendment affected both juvenile and adult, courts processes in significant ways. The most influential impact is the inability to prosecute with the use of property, or information from illegal search or seizure. History has recorded cases that have been thrown out because of these types of illegal procedures. With greater restrictions, the juvenile court system relates to the fourth amendment in a different manner. In some instances, circumstances are taken under consideration while in mitigation that would not apply in relation to adult court. An example of this circumstance is a search, and seizure by schools, social service agencies, and police officers on patrol. Although juvenile court systems have agreed that juveniles do have protection under the Fourth Amendment, in criminal proceedings, this protection is not clean cut; the Supreme Court refuses to enter a final verdict.
The Fifth Amendment 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. An exception...
References: Kerr, O. (2005, December). Search and Seizures in a Digital World. Harvard Law Review, Vol. 119,(Issue 2), p. 531-585. Retrieved June 22, 2013
No Author U.S Constitutional Amendments, 1971, Retrieved June 22, 2013
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