Essay On Criminal Justice Effectiveness

1. In 1789, James Madison wrote the Bill of Rights, which lists specific constraints on federal control in a set of 10 amendments ratified by the states. Liberty, meaning freedom from governmental and economic control, was the central factor and of utmost importance in the eyes of Madison and his fellow founding fathers when drafting the Bill of Rights. Protecting the peoples’ respective personal liberties such as freedom of speech and the right to exercise particular religious beliefs played a vital role in the creation of these amendments however limits were also placed on the freedoms granted in order to preserve the nation’s wellbeing.

On September 25, 1789, The Bill Of Rights was submitted to the states for approval, based on the previous Constitution's insufficient assurances for civil freedom, liberties and justice. Concerned that the Constitution neglected to clearly state the basic civil rights of the citizens of the United States, Anti- Federalists opposed the Articles of Confederations, which gave state governments more authority (“Bill of Rights, n.d.). As a result the first tem amendments commonly known as The Bill of Rights was approved by congress in 1791, undeniably guaranteeing citizens of The United States essential and important rights. The 1st and 2nd amendments are perhaps the most

Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.

The Fourth Amendment states, 'The right of the people 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

To further strengthen the rights of the people, The Bill of Rights was ratified on December 15, 1791. With only the first ten amendments, it is no accident that two amendments, 9 and 10, specifically define the Constitutions purpose to protect rights, given to the government from the people; and the powers of the government are “only those delegated to it by the Constitution on behalf of the people” (Spalding, Page 145).

When the colonists established the bill of rights in the 18th century, the fourth amendment seemed unambiguous. The government needed to respect the right for people to be “secure in their persons, house, papers and effects, against unreasonable searches and seizures and not be violated, and no warrants shall issue, but upon probable cause.” The difference between today and eighteenth century is that many more situations have come up that weren’t around during the eighteenth century. New technologies, new threats and new circumstances have risen that may diminish the restriction on the fourth amendment. In order to protect society from new threats and circumstances in America, the Supreme Court expands their understanding of the fourth amendment to apply it to the new world.

As governed by the Fourth Amendment of the Constitution, we possess the right to be secure in our houses, papers, and effects, against unreasonable searches and seizures. The

The fourth amendment gives people the right to not get illegally search. In other words someone can’t just run up to you and search you they have to have a good reason too search you.. The fourth amendment however is not guaranteed against all searches and seizures, but only those that are deemed unreasonable under the law.

The Fourth Amendment of the Constitution was ratified in 1791 and is an important amendment in the Bill of Rights. The Fourth Amendment is “the right of the people 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 or things to be seized” (Charles Wetterer). The issue of searching and seizing first originated in Britain in the mid-1700’s where British officers had general warrants to search citizens. While this became an issue for citizens in Britain, it became apparent also in the colonies where British soldiers were searching with only general warrants. Many citizens believed it was an invasion of privacy. So after independence from Britain, and the failure of the Articles of Confederation, the Constitution was produced. George Mason, an important political figure in Virginia, had written the Virginia Declaration of Rights, and he and other delegates believed the primary purpose of the government was to protect the rights of its citizens. To further that, he believed citizens had the right to be secure from unlawful searches and seizures. Once the idea of the Bill of Rights came into play, the Fourth Amendment was also created. The Fourth Amendment actually guarantees two things: You cannot search or seize unless you have a warrant and a

James Madison presents the Bill of Rights to the First Federal Congress on June 8, 1789 (Primary Documents 1). The First Federal Congress then suggests the twelve amendments to the constitution to their state legislatures (Constitutional Politics in Ohio 1). The very first two articles weren't authorizing. Articles three through twelve were amended on December 15, 1791 (Constitutional Politics in Ohio 1). This was called The Bill of Rights. The Bill of Rights became the very first ten amendments to the United States Constitution (Primary Documents 1). Which means the powers delegated to the United States by the Constitution, nor prohibited because of it to the States, are reserved to the States respectively, or even to the

The Fourth Amendment provides, "[t]he right of the people 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 or things to be seized."

The Fourth Amendment to the United States Constitution states, “The right of the people 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 or things to be seized”. It consists of two clauses, the reasonableness clause which focuses on the reasonableness of a search and seizure and the warrant clause which limits the scope of a search. There are many views on how the Fourth Amendment should be interpreted, especially by today’s standards. The world has evolved significantly since the implementation of the Bill of Rights. As it evolved, time brought about numerous cases on the applicability of the Fourth Amendment. When plaintiffs are not satisfied with the decision of lower courts, they can

The English case became a guide that helped the framers of the United States of America’s Constitution in establishing this amendment. At the time of writing, the only valid solution to an illegal search and seizure was a law-suit to gain money to pay for damages caused (Meese 3). Within the colonies, the only purpose to conduct searches and seizures was for the sole reason that colonists were smuggling in goods following the taxation from the English crown. In cases regarding colonial smugglers, James Otis was able to defend on the basis of the “writs of assistance” (Meese 3). The founding fathers became aware of the issues of unreasonable searches and seizures, thus establishing the Fourth Amendment. To govern this amendments activity, a body of law was established by our nation’s courts on the levels of state and federal (Meese 3).

During the American Revolution, Congress wanted to have a government that was powerful enough to defeat Great Britain, so they put in place Articles of Confederation as a guide for the way the country would be run, but there were several problems with that, one of which was the government having too much control. On May 14, 1787 The Federal Convention had a meeting in Philadelphia to amend the Articles of Confederation. They met in secret, and only two of the 13 colonies showed up for the vote. They decided they would call it The Constitution of the United States, but still not everyone was satisfied.

There are many Amendments in The Bill of Rights and all of the rights are to the constitution to the United States. The purpose of the The Bill of Rights is to protect individuals liberties. The Bill of Rights was written in 1789 and was ratified in December 15, 1791, James Madison wrote The Bill of Rights and he was the one to guide it through the New Constitution.