The Amendment Of The Rights Of Those Accused Of A Crime

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 Sixth Amendment was ratified on December 15, 1791. It guarantees rights related to criminal prosecutions in federal courts and it was ruled that these rights are fundamental and important. The Sixth Amendment gives the accused the right to speedy and public trial by the impartial jury. The accused has the right to be informed of the nature and reason of accusation and also be confronted with the witness against him as well as obtaining witness in his favor. In this research paper I will provide a thorough analysis of these above rights and give some history of the 6th Amendment.

("The 6th Amendment.") The Amendment offers protection especially for citizens who are in judicial proceedings.("Why Do We Have The Sixth Amendment? - Liberty First Network.") The amendment also protects accused people from unfair investigation and trials. The Sixth Amendment is for the people to protect themselves before and in court. I believe that the amendment protects people from racism and unjust trials. This amendment gives the accused a chance to prove their innocence and explain their case. In “The Sixth Amendment." A Kids' Guide to America's Bill of Rights it is said that “The Sixth Amendment is meant as a step toward making sure that the United States offers "liberty and justice for all," not just liberty and justices for the wealthy." ("The Sixth Amendment." A Kids' Guide to America's Bill of Rights) The amendment gives all accused people a fair chance in court and establishes the basis of the modern court

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 Supreme Court made it clear with its ruling that, police do have the authority to stop or detain an individual for a questioning for a short-term period without probable cause if he/she make have or about to commit a crime. This ruling is important because it gives police officer the authority to help protect him/herself as well as the community. It also puts steps in place to protect citizens from unreasonable search and seizure that is protected our Fourth Amendment right. In the case of Terry v. Ohio a police detective observed two men walking up and down a street several times and gazing into a store window. The officer observing conduct from the individuals that would lead him or her to suspect that a crime has already happened or about to happen is one of the necessities need to consider this as a valid stop. The officer identified himself as an officer of the law and began to inquire and request identification. The officer in this case followed the required guidelines for a valid stop. In return the Supreme Court ruled that this was a valid stop and frisk. According to United States Supreme Court TERRY v. OHIO, (1968) MR. JUSTICE HARLAN, concurring. While I unreservedly agree with the Court 's ultimate holding in this case, I am constrained to fill in a few gaps, as I see them, in its opinion. I do this because what is said by this Court today

For example, these rights protect a suspect from self-incrimination, as cited in the Fifth Amendment to the Constitution. As additional evidence, these rights also uphold one's right to receive due process with legal counsel, as cited by the Sixth Amendment to the Constitution. Consequently, to remain with in the guidelines of the Bill of Rights, Miranda Rights need to be read to all those accused of a crime.

The famous and controversial police practice known as the stop and frisk started on the last sixties. It was known national wide when the case Terry v. Ohio was presented this case was argued on December 12, 1967 it all started when Cleveland detective McFadden was on patrol on a foot post where he noticed the petitioner John W. Terry and another men known as Chilton were acting suspiciously on a street corner the detective noticed both men looking into a store multiple times with an interest to do something, then another men known as Katz showed up to the scene all three men joined and where walking around the store, that's when detective McFadden approached and identified himself as a police officer he started to ask them simple

follow for “Stop and Frisk” happened as a result of the “Terry v. Ohio “case (162). The

The fourth, fifth, and sixth amendments regards the rights individuals have when coming in contact or in custody with police officers. The fourth amendment is the right of search and seizure. A search is when a police officer goes into a space where the individual bevies they have privacy. A seizure is when a police officer says or does something that an individual would suspect that they are not free to leave police officer contact. The fifth amendment is the right to remain silent and the right to council. The right to remain silent and council only pertain when an individual is in arrest custody. And states "no person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process." The sixth

The case of Terry v. Ohio took place in 1968. This case involved a Detective who had witnessed three suspicious males patrol a street and stare into a specific window multiple times. With reasonable suspicion and probable cause, Detective McFadden assumed one of them could be armed. He then took one of the males and patted him down to find that he had a pistol on him. He patted the victim down for reasons of protecting himself and others in the community. The Fourth Amendment does include, “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” (Israel, LaFave). The people who are being frisked are for reasons that the officer wants to protect himself and others, not just for no reason. People do have a right to their personal, private property and the stop and frisk, or sometimes know as a terry stop, is approved if the officer has reasons to believe the person could be carrying a weapon or a threat to society. The officer had reasonable suspicion and probable cause to search the male and was able to legally with the Fourth Amendment. The stop and frisk action has been around for almost 50 years. Is it time to put a stop to it because people think it is unconstitutional, or to change the way we view

The framework of Stop-and-Frisk started in 1968 in a case known as Terry v. Ohio. This was a landmark case that gave law enforcement the constitutional limitations by the United States Supreme Court to stop and search individuals in streets encounters for weapon or contraband (Rengifo & Slocum, 2016). In 1996, the Anthony General, Eliot Spitzer opened an investigation to assess the effectiveness of Stop-and-Frisk on the minority communities in New York City. The assessment involved looking at 175,000 UF-250 Forms from 1998 to 1999. During

This amendment was a part of the Bill of Rights and adds a number of rights for an accused citizen. These rights include a fair trial, speedy and public trial, an impartial jury, a notice of accusation, a confrontation of the witness, and right to a lawyer. A speedy trial means that the government cannot delay a trial to keep you in jail. A public trial ensures that rules a being followed correctly. An impartial jury means that they will not convict you without sufficient evidence. A notice of accusation forces the government to tell you what you did wrong. A confrontation of a witness is that people who saw the crime must testify. A right to a lawyer means that you have the right to have a lawyer even if you do not have the money for one.

America is built on the foundation of society being run and well-flowing around the three values the Republic of the United States hold most dear to: equality, freedom, and justice. The rights of the accused is an important factor in maximizing justice. Amendments 4-8 in the Bill of Rights specifically detail how criminal law should be dealt with, and how justice can be ensured every step of the way. The Fifth and Sixth Amendments contain two systems that go hand in hand with one another, a due process and a trial by jury for all citizens. Amendments 4-8, a Due Process, and a Trial by Jury are essential for establishing the rights of the accused and their absence would be detrimental to the effectiveness of the American criminal justice system.

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.

The Fourth Amendment will protect individuals from search and seizures indirectly but not directly. The Fifth Amendment helps safeguard individuals from self-incrimination that do not apply to pretrial procedures because this amendment involves obtaining identification and not testimonies of evidence. The Sixth Amendment safeguards the individual’s right to an attorney during any criminal proceedings. This Amendment also safeguards identification procedures of an individual when an initial judgment presented to charge him or her with a crime.