Amendment 4-8 And The Bill Of Rights

In 1787 the United States’ constitution was written, two years later the Bill of Rights was added. The Bill of Rights consists of ten amendments which were designed based on the American ideals to ensure that the federal government is not too powerful, and that it would protect the rights of the people or of the state. One of the most important amendments in the Bill of Rights is the sixth amendment, which gives the people the right to enjoy a speedy trial when accused, and it allows the accused person to know the cause of the accusation and who his accuser is. It clearly represents some of the American ideals such as: democracy, opportunity, and equality.

The bill of rights is a popular document that was not originally in the US constitution, but anti federalists wanted a bill of rights really bad because supposedly they were afraid of a strong central government. They did not want another king so some states refused the constitution until there was a bill of rights. Along with being afraid of a central government they wanted a limited government so that government could not control them. The anti federalists also thought the government would not protect their individual rights enough so they wanted a bill of rights.

The Fourth Amendment has two basic premises. One focuses on the reasonableness of a search and seizure, and the other on warrants. One view is that the two are distinct, while another view is that the second helps explain the first. However, which interpretation is correct is unclear. In addition, law enforcement today differs sharply from the period in which the Constitution 's framers lived. During that period, no organized police forces existed that were even remotely like those of today. In contrast, today 's law enforcement officials seem to have broad authority to search and seize. These powers are not generally subject to either statutory or regulatory control, and common law limitations are generally ill defined and

My paper is going to be focused on the Fourth Amendment, which sets the baseline for searches and seizures. I will present what the Fourth Amendment is, what the rights of the individual are as stated in the Fourth Amendment, what limitations may be held within the Fourth Amendment, what must be included within the warrant, and more. I decided to write on this topic as I believe that it is important for us as citizens to know what our rights are, and not just rely on what we think we know about the Constitution. A country which is educated about the rights which they have, and utilizes these rights in the correct instances is a country which is governed by laws, and

The Sixth Amendment of the United States states “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense (CRS Annotated Constitution, n.d.).” The Sixth Amendment offers seven rights to everyone; (1) a speedy trial; (2) a public trial; (3) an unbiased jury; (4) told the charges against him/her; (5) able to confront those against him/her; (6) able to provide a witness in his/her favor; (7) right to lawful guidance. The Sixth Amendment is extremely important because it protects the rights of those being accused with criminal charges. It ensures that the process of conviction is done fairly and no one is deprived of their rights and unfairly charged.

In the amendments there are four that protect people who have been accused for a crime or arrested for a crime. These are the fourth, fifth, sixth, and the eighth amendments that give specifics on how the process should go and how the arrested person is to go through it. In the amendment they even say that the police must read you your rights when they arrest you, and if they don’t they can get in trouble.

An important provision of the Bill of Rights is the protection of freedom to publish, as provided by the First Amendment. This protection applies to all kinds of publications, even those that print unpopular opinions. In most censorship cases, every attempt is made to suppress the written word after publication, not before. Minnesota passed a law in 1925 that sought to prevent newspapers, magazines, and other publications from printing obscene, malicious, scandalous and defamatory material. This law was called the Minnesota Gag Law . This law allowed private citizens and/or public prosecutors to request a court injunction to shut down any publication that was known as a public nuisance. Publishers of newspapers had to show that they had good motives for anything they were going to print before they printed it.

America boasts an unsurpassed justice system. Unlike many Eastern countries, America presumes the defendant “innocent until proven guilty”. The Fourth Amendment protects all individuals against unreasonable searches and seizures, and a valid search warrant must be obtained from a magistrate after proving probable cause. Additionally, in America criminals can be vindicated if the prosecution fails to prove their criminal guilt “beyond a reasonable doubt”. Furthermore, the Sixth Amendment provides the accused with a right to a speedy and public trial by an impartial jury; thus, a hung jury results in a mistrial. Its purpose is explained in the landmark Supreme Court decision Apodaca v. Oregon: “… [T]he purpose of trial by jury is to prevent

The jury system that is in place by the United States Constitution is pivotal to hearing the rights and grievances of citizens in public and with a jury of their peers. Why, even Amendment six of the Bill of Right is written as thus; “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed… to have the assistance of counsel for his defense”. The point being that there are safeguards in place to protect the rights of every American citizen. These safeguards are the Bill of Right, which along with the Constitution of the United States is the bedrock for the republic. To be specific on the matter at hand, the third article of the Constitution must be examined for an understanding of how and why it functions in the

In an ordered society, justice is necessary for everyone must be treated fairly. Regardless of a bad action or crime a person commits, they must receive a fair trial. Within the Bill of Rights of the United States Constitution, the sixth amendment states that one has a right to a speedy, public, and impartial trial by jury. Within The Eumenides, Athene is the voice

“The Magna Carta, quoted above, evolved into the cornerstone of the American criminal justice system—due process of law, meaning legal procedures must be followed fairly, and trial by jury.” (Breay) As stated, due process continues to be key to court cases and a fair trial should be unquestionable. Due process enforces The fourth and fifth amendment as well. Being that a person is protected under both amendments from searches and seizures and also the right to remain silent when being convicted. “The Constitution uses the phrase in the 5th and 14th Amendments, declaring that the government shall not deprive anyone of "life, liberty, or property, without due process of law..." (Crime and Due Process) For example in the Miranda vs. Arizona case, Miranda was not notified of his constitutional rights therefor, the prosecutor was not able to count Miranda’s confession as evidence due to the fact he was not notified of his rights prior police interrogation. Due process is key to a just country, with out it many of our innocent people would be convicted as well as many criminals would be

The Founders of our nation understood that no idea was more central to our Bill of Rights -- indeed, to government of the people, by the people, and for the people -- than the citizen jury. It was cherished not only as a bulwark against tyranny but also as an essential means of educating Americans in the habits and duties of citizenship. By enacting the Fifth, Sixth, and Seventh Amendments to the Constitution, the Framers sought to install the right to trial by jury as a cornerstone of a free society.

The constitution creates a government that puts that power in the hands of the people and outlines many rights and freedoms of the people. It consists of 27 ratified amendments, including the first ten amendments known as the Bill of Rights. According to the 14th amendment, it states “all persons born or naturalized in the United States…are citizens of the United States and of the State wherein they reside [...and] no state shall deprive any person of life, liberty, or property… nor deny to any person within its jurisdiction the equal protection of the laws” (“Bill of Rights and Later Amendments” 14). According to the direct definition of the 14th amendment, a citizen of the United States and of the State are all persons born or naturalized in the United States—despite of age, color, and gender. However, do children and teens have constitutional rights? Any person in the 14th amendment becomes controversial. Although the law recognizes juveniles aren’t physically and emotionally mature enough to handle the responsibilities attached to legal activities and exercising their own rights, children and teens are deprive from their own life and liberty, as well as the treatment like property.

The addition of the Sixth Amendment was ratified in the Constitution of the United States to guarantee rights to criminal defendants. This amendment stated, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the

Amendment IV is by far one of the most important Amendments ever made. Amendment IV states that no unreasonable searches can be done in one’s personal space or owned property without a warrant or permission from the owner. This Amendment should never be taken away because of, people’s privacy, their time, and because of the way it can make one individual feel uncomfortable. Police can at any time have their judgment towards others cloud their actual job and it would be unfair to give them crazy amounts of power to the point where the officer abuses can abuse their power, lots of cops think that because they deserve more, and it is not true. Cops deserve respect not the ability to get away with anything.