Criminal Law Foundations Essay

Topics: United States Constitution, Law, United States Bill of Rights Pages: 7 (1585 words) Published: October 13, 2014

Criminal Law Foundations Evaluation
University of Phoenix
CJA 484
September 7, 2014
Shane Evans

Criminal Law Foundations Evaluation
The United States Constitution has been amended since its origination. These amendments are meant to help our Nation adjust to the ever changing times. Our Bill of Rights is contended in the first ten amendments. The Bill of Rights is instilled into our constitution to protect the citizens of the United States from unfair and unjust treatment by their own government. Our government is protected and enforced through local police departments and our Bill of Rights gives certain freedoms to the citizens and suspect of the police prior to and during prosecution by the criminal justice system. From arrest to sentencing, the Bill of Rights protects us. This paper will specifically discuss the fourth, fifth, and sixth amendments of the Bill of Rights and how they pertain to both juvenile and adult court proceedings. The Bill of Rights also governs the government by placing limits to the extent of their reach, or power, and how that power is used against its own citizens. The Bill of Rights, or ten amendments, took adoption into our Constitution in 1789 by the efforts of James Madison. Fourth Amendment

Our Fourth Amendment guarantees protection from unreasonable or unlawful search and seizure. This particular amendment is a component of the Bill of Rights that gives citizens the right to secure their persons, belongings and homes; each of which are protected under the Fourth Amendment from any unreasonable or unlawful search and seizure. The bill strongly states that this right shall never be violated as well no warrants shall be issued, unless there is a probable cause, which has approval by an oath of affirmation and the description of the place under inspection, the affected person or the possessions to be seized. In both juvenile and adult courts, the constitutional safeguard is applied (Emanuel 2009). Both juvenile and adults are afforded this right by our Constitution to be free from harassment that is not been approved by the law with stated warrants specifying the desire and description of objects to be seized. If this right is violated in any way it is most likely the violator would face criminal charges or consequences due to their actions for denying citizens their Fourth Amendment right. Fifth Amendment

Our Fifth Amendment discusses due process, self-incrimination, double jeopardy and eminent domain. Consider this Amendment as a safeguard stating no person shall be under pressure to answer for any crime, unless he or she is under the indictment of a grand jury (Abadinsky, 2008). The only exception to the Fifth Amendment would be the cases involving any military or militia presently servicing or during war times. Our Fifth Amendment also states; No person shall be put in jeopardy of limb or life twice. No one shall be put under pressure to testify against himself. No one shall face depletion of liberty, life or property, unless the same has approval by the law. No private property shall be in for public use, unless the owner gets due compensation. This is the so called Miranda bill. In adult and juvenile courts, persons have the right to stay silent and not to plead guilty of any offence. No one is free to make the suspect reveal anything, unless in front of a jury and within the protection of a counsel. The juveniles are immature and may not know their rights. Owing to this law the minors have constitutional protection from any illegal exploitation (Hartley & Rabe, 2008).

Sixth Amendment
Our sixth amendment discusses the right of trial by jury, the rights of the accused, the right to a speedy trial, the right to an attorney, and the right to a public trial. The Sixth Amendment states that any subject suspected of criminal activity resulting in prosecution will have the absolute right to a speedy trial by public and of a jury of their...

References: Hartley, R. D., & Rabe, G. A. (2008). Criminal Courts: Structures, Process, and Issues (2nd ed.).
: Prentice Hall Inc..
Champion, D. J. (2010). The Juvenile Justice System: Delinquency, Processing, and the Law
(6th ed.). : Prentice Hall Inc..
Abadinsky, H. (2008). Law and Justice: An Introduction to the American Legal System (6th ed.).
: Prentice Hall Inc..
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