Criminal Law Foundations Essay

Powerful Essays
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



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..

You May Also Find These Documents Helpful

  • Powerful Essays

    Criminal Law Foundation

    • 1738 Words
    • 7 Pages

    Criminal Law Foundations Evaluations University of Phoenix CJA/484 January 8, 2013 Introduction The United States Constitution was created to establish the new government after the colonies and early settlers broke free from the reign of England. This document established the foundation of the federal government that still stands today. The Constitution is focused on providing both liberty and prosperity to citizens of the new state (U.S. Const. pmbl., 1787). In an effort to avoid…

    • 1738 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    Criminal Law Foundations Evaluation Georgette Heisterman CJA/484 July 28, 2013 NIcholas Barbella Criminal Law Foundations Evaluation The Juvenile Justice System Juvenile justice is the section of law that applies to persons under the age of 18 not capable of receiving sentencing in the adult court system or old enough to be responsible for criminal acts committed in society. In most states the age of criminal culpability is 18 however, the age requirement can be set lower in accordance to certain…

    • 1635 Words
    • 7 Pages
    Better Essays
  • Powerful Essays

    Criminal Law Foundations Evaluation CJA 484 – Criminal Justice Administration Capstone Jacinto C. Rincon June 24, 2013 David Mailloux 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…

    • 1424 Words
    • 4 Pages
    Powerful Essays
  • Better Essays

    The Foundations of Law

    • 1042 Words
    • 5 Pages

    The Foundations of Law Over the course of many centuries, theorists and philosophers had come up with several different justifications to explain an unclear relationship that exists between law and justice. Thomas Aquinas, a thirteenth century theorist, enlightened everyone with his opinion about this relationship when he wrote Treatise on Law. Breaking down law into four different types, eternal, natural, divine, and human law, Aquinas created an order of laws that society must follow in order…

    • 1042 Words
    • 5 Pages
    Better Essays
  • Powerful Essays

    Criminal Law

    • 5457 Words
    • 22 Pages

    ZIMBABWE INSTITUTE OF LEGAL STUDIES DIPLOMA IN APPLIED LAW Name: Laura Bandah Reg. Number: Z120117K Intake: August 2012, Semester 1 Course: Criminal Law and Statutory Offences Course Code: CLSO 104 Tutor’s Name: Ms L. Mhuru Question: (a) The Zimbabwean law does not normally impose liability or failure to act despite the fact that there may be compelling moral justifications for doing so. For example, the courts have often explained that there is no legal duty upon a stranger…

    • 5457 Words
    • 22 Pages
    Powerful Essays
  • Good Essays

    Criminal Law

    • 488 Words
    • 2 Pages

    Tracy Gordon Philosophical Foundation Professor Novich Characteristics of the Criminal Law Criminal behavior is behavior that goes against societies norms and the laws of the people. These laws are put in place to protect the people and their property. The laws are usually enforced by a law enforcement agency and punishment issued by a judicial system. There are several different characteristics that make up a body of law. Sutherland and Cressey (1974) states, “ the characteristics which…

    • 488 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Criminal Law

    • 90261 Words
    • 362 Pages

    .............................. History of South African criminal law .............................................................................................. The sources of our criminal law ........................................................................................................ The onus of proof in criminal cases .................................................................................................. Criminal liability: a summary ..................................…

    • 90261 Words
    • 362 Pages
    Satisfactory Essays
  • Powerful Essays

    Criminal Law

    • 1704 Words
    • 7 Pages

    1. What is Criminal Law? Criminal law is that branch or division of law which defines crimes, treats of their nature, and provides for their punishment. 2. When did the RPC take effect? Art 1. Time when Act takes effect – This Code shall take effect on the first day of January, nineteen hundred and thirty two. (Jan. 1, 1932) 3. What are the sources of Phil. Criminal Law? a.) The RPC and its amendments b.) Special Penal Laws passed by the Phil Commission, Phil Assembly, Phil…

    • 1704 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    Criminal Law

    • 1727 Words
    • 7 Pages

    CRIMINAL LAW THREE TYPES: Infractions- (like traffic tickets), which are minor violations and, usually, the punishment is having to pay a fine. Felonies- are serious crimes like armed robbery, arson, carjacking, rape, assault with intent to do great bodily harm, drug dealing, and murder. This is only a partial list but the thing to remember about felonies is that you will have over one year in prison if convicted. Misdemeanors- are lesser offenses like assault, reckless driving, drug possession…

    • 1727 Words
    • 7 Pages
    Powerful Essays
  • Powerful Essays

    The defences of insanity, substantial impairment by abnormality of mind and automatism play a vital role in avoiding criminal liability. Principally, the defences reflect the idea that intellectually challenged individuals should not be penalised but rather treated of their mental impairment. However the outcomes of each defence have also been criticised as ‘anomalous and arbitrary’ due to conflicting legal and medical definitions. Consequently, support for the abolishment of these defences has…

    • 2511 Words
    • 11 Pages
    Powerful Essays